Directors & Officers coverage for wrongful acts by a company’s officers and directors can play an important role in defending litigation over foodborne illness, particularly in cases implicating the responsible corporate officer doctrine and wire fraud, attorney J. Wylie Donald said. In this Continue Reading
Tips for Trying Your 1st Patent Infringement Case
The vast majority of patent cases settle before trial ever begins. This results in many patent litigators rarely, if ever, having an opportunity to present a case at trial. For those patent litigators who are among the lucky few and end up in the courtroom, here are five tips to keep in mind, says Continue Reading
Ten Pillars to a Productive Mediation: An Attorney’s Guide
Mediation of disputes is growing, as more courts looking to clear congested dockets suggest or command mediation during the course of a litigation, and more parties wary of the cost, time, uncertainty, and publicity of a lawsuit seek a quicker and less expensive alternative. To execute these Continue Reading
Inter Partes Review Proceedings Continue to Be an Efficient and Effective Way to Address Patent Infringement Allegations in Light of a Recent Federal Circuit Decision
Executive Summary A recent court decision suggests that it may be even easier to invalidate patent claims via a relatively quick proceeding before the U.S. Patent and Trademark Office (“PTO”) – known as inter partes review (“IPR”) – as compared with traditional litigation. The Federal Continue Reading
Online Brand Enforcement – A New Strategy for Protecting Luxury and Fashion Brands in the Digital Space
Technology, like fashion, is always changing. For fashion and luxury brands, this means that traditional geographic boundaries for marketing, distribution and sales have been rendered largely meaningless. Fuelled by the increasing advances of the Internet for online sales and advertising, as well as Continue Reading
Flying Under the Radar—Secrecy in US Trademark Filings
Susan Goldsmith and Scott Smedresman authored "Flying Under the Radar - Secrecy in US Trademark Filings," which appeared in the February/March edition of World Trademark Review The US Patent and Trademark Office’s publicly available trademark database can make it extremely challenging to maintain Continue Reading
When Your Data Goes Viral: Insurance for Data Breaches
Is there insurance coverage when a company's data goes viral? Maybe. This article explains the traditional insurance products that may provide a policyholder with insurance coverage for data breaches, and some of the newer products available to policyholders for these risks. It also considers the Continue Reading
Determining Standing in Light of the Federal Circuit’s Azure Networks, LLC v. CSR PLC Opinion
When it comes time to enforce a patent, it is imperative to determine who has standing to sue. Certainly, defendants may have an interest in seeking to exclude a plaintiff from a case based on standing for a variety of reasons (e.g., damages or venue). It is well settled that ordinarily, those who Continue Reading
Guest Perspective: Should the Cuba Embargo Go or Stay?
Ira Gonzalez discusses the Cuba embargo in this article for New Orleans City Business. Continue Reading
The ‘Millison’ Exception for Injuries During Employment: The Evolution from Laidlow to Van Dunk
The New Jersey Workers' Compensation Act (WCA) provides the exclusive remedy for claims against an employer for injuries sustained during employment. In exchange for providing certain payment without regard to fault, employers are provided immunity from tort liability arising out of an employee's Continue Reading