The dramatic drops in the Shanghai, Shenzhen and Hong Kong stock markets have produced very obvious repercussions in global markets. In China, the nature and extent of the market drops have not been clearly reported, and in much of the domestic, government-controlled Chinese media, there is almost Continue Reading
When Insurer’s Consent to Settle Isn’t Required
When an insurer wrongfully denies insurance coverage to its policyholder on a liability claim, the policyholder is free to settle the claim against it and press its right to insurance. That the insurer’s policy contains a provision requiring the insurer’s consent to any settlement poses no Continue Reading
No Trade Secret in Visual Aspects of Software: The Need for Non-Compete Agreements
A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret information cannot be “unseen,” this ruling reinforces the need for owners to Continue Reading
Initial Interest Confusion in Amazon Case Is Troubling
Suppose you walk into a greasy cheeseburger joint and ask for a Coke. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the Pepsi. Does Coke have a claim that you were confused into buying Pepsi? That Continue Reading
Corporation Law: Pennsylvania
This Q&A guide to corporation law in Pennsylvania addresses key areas of corporate law such as formation, foreign qualification, mergers, anti-takeover laws and dissolution. Answers to questions can be compared across a number of jurisdictions. Continue Reading
What Does It Mean to Be ‘Willful’? Defending Against Willful Violations of Securities Laws
Everyone can conjure up an image of a willful child—a kid who has made up his mind to disobey you. But the everyday understanding of "willful" is not what willful sometimes means in the law. Sometimes it can mean a deliberate and intentional violation of an authority, just like a willful child. Continue Reading
Seeking Review of Magistrate Judge Decisions in Civil Cases
In 1968, Congress enacted the Federal Magistrates Act to institute a system of magistrate judges to replace the United States commissioner system, which had been in place in some form since the 1790s. The purpose of the act was “to improve the quality of the judicial officers serving just below the Continue Reading
In the Red: Decedent’s Creditors and Non-Probate Assets
Traditionally, wills were the primary vehicle under which wealth was transferred to heirs. A will generally contains an express declaration that the executor satisfy the testator's debts. Very generally, the executor or administrator is not merely the representative of the decedent's estate, but Continue Reading
Cloud Computing Legal Deskbook, 2013-2016 Editions
Cloud Computing Legal Deskbook serves as a compass to anyone navigating the complicated intersection of law and technology. Cloud services present a unique set of challenges for users, providers, and legal practitioners. The rules and regulations governing cloud services have not evolved at the same Continue Reading
Why More Restaurants Should Purchase Cyberinsurance
Restaurants face a cybersecurity threat that is pervasive and alarming. P.F. Chang’s China Bistro, the Dairy Queen and Jimmy John’s are just a few of the more notable examples of restaurants that have fallen victim to hackers, with each security breach affecting customers in multiple locations Continue Reading