| 9/2/2010 |
Litigation Alert: The FTC Pursues Online Endorsements by Undisclosed Insiders |
 |
| The Federal Trade Commission recently signaled that it may begin cracking down on the increasingly common practice of pumping up a product with online reviews that purport to be from customers but are really posted by friends, family or employees of the vendor more |
|
 |
| 9/2/2010 |
Patent/Antitrust Litigation Alert: Federal Circuit Limits Patent Misuse in Princo |
|
| A sharply divided en banc U.S. Court of Appeals for the Federal Circuit significantly narrowed the scope of the patent misuse defense this week more |
|
|
| 9/1/2010 |
Patent Litigation Alert: The Federal Circuit Rejects Attempt to Narrow Standing Requirements For False Patent Marking Claims under 35 U.S. C. § 292 |
|
| Yesterday, the Federal Circuit rejected a procedural attempt to stem the recent flood of “false patent marking” lawsuits. more |
|
|
| 8/18/2010 |
Antitrust Alert: Everything Must End Eventually: The Fifth Circuit Buries Leegin, Epic Vertical Price Fixing Case is Over |
|
| In its second encounter with PSKS, Inc. v. Leegin Creative Leather Products, Inc., the U.S. Court of Appeals for the Fifth Circuit on August 17, 2010 affirmed the dismissal on the pleadings of the plaintiff’s antitrust claims for vertical minimum price fixing more |
|
|
| 7/27/2010 |
Securities Litigation Update - FCPA Update: Implementation of U.K. Bribery Bill Postponed Until April 2011 |
|
| Implementation of the U.K. Bribery Bill has been postponed for nine months while the government evaluates comments to the Bill raised by various business constituencies more |
|
|
| 7/23/2010 |
Ninth Circuit Reverses Broad Injunction Against Doll Manufacturer on the Basis of Employment Contract Interpretation and Thin Copyright |
|
| Mattel v. MGA Entertainment, issued yesterday by the Ninth Circuit Court of Appeals, provides important lessons for drafting and interpreting employment and invention assignment agreements, clarifies the legal standards for...
more |
|
|
| 6/18/2010 |
Employment Practice Group Alert: Supreme Court Rules That Employer Search Of Employee Text Messages Did Not Violate Fourth Amendment |
|
| In City of Ontario v. Quon, the United States Supreme Court held that a government employer's review of an employee's text messages sent and received on an employer-issued pager did not violate the employee's Fourth Amendment constitutional rights. more |
|
|
| 6/16/2010 |
Securities Litigation Update: SEC v. Jenkins: SOX 304 Clawback Requires Innocent CEOs and CFOs to Return Incentive-Based Compensation if the Company Restates Its Financials Due to "Misconduct" |
|
| Securities Litigation Update: SEC v. Jenkins: SOX 304 Clawback Requires Innocent CEOs and CFOs to Return Incentive-Based Compensation if the Company Restates Its Financials Due to "Misconduct" more |
|
|
| 6/11/2010 |
Patent Litigation Alert: Decision in Pequignot v. Solo Cup Company Provides Guidance for False Patent Marking Liability |
|
| Yesterday the Federal Circuit issued a decision in Pequignot v. Solo Cup Company, No. 2009-1547 (Fed. Cir. Jun. 10, 2010), providing some much needed guidance on avoiding liability under the “false marking” statute, 35 U.S.C. § 292. more |
|
|
| 6/10/2010 |
Litigation Alert: Federal Copyright Law Preempts State Law Breach of Confidence and Implied Contract Claims for Unauthorized Use of Works |
|
| On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits and credit in the underlying works more |
|
|
| 6/1/2010 |
Litigation Alert: Ninth Circuit Holds Application for Copyright Registration Sufficient for Initiation of Infringement Suit |
|
| A copyright registration is the required ticket for starting an infringement lawsuit in federal court, under 17 U.S.C. § 411. But will an application suffice to meet that requirement? more |
|
|
| 5/24/2010 |
Antitrust Alert: NFL Licensing Arm Subject to Antitrust Laws as a "Contract, Combination ... or Conspiracy" |
|
| On May 24, in American Needle, Inc. v. National Football League, the Supreme Court unanimously held that NFL Properties ("NFLP") must defend its licensing decisions under Section 1 of the Sherman Act. NFLP was incorporated by the teams of the National Football League in 1963 to develop, license, and market their intellectual property. more |
|
|
| 5/7/2010 |
Dealing With the Uptick In False Marking Suits |
|
| Recent months have witnessed a surge in the filing of "false marking" litigation – suits brought under 35 U.S.C. Section 292. The section provides penalties against any person that marks an "unpatented article" with any word or number indicating that the article is patented with the intent to deceive the public. more |
|
|
| 4/6/2010 |
Securities Litigation Update: FCPA Update: Recent Prosecutions and New Enforcement Tools |
|
| The past thirty days have underscored the redoubled efforts by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) to investigate and prosecute violations of the Foreign Corrupt Practices Act (FCPA or "Act"). more |
|
|
| 3/17/2010 |
Facing Off On Facebook®? Trademarks and the Social Net |
|
| The increasing prevalence and popularity of social networking and similar sites raise new issues for brand
owners and celebrities. more |
|
|
| 3/17/2010 |
Is There A Second Life For Trademarks In Second Life®? |
|
| Recent years have seen the development of online communities through which massive numbers of users can interact with each other and with the environment itself in ways that increasingly approach real-world interactions. more |
|
|
| 3/10/2010 |
Antitrust Alert: It Is Not Over Until It's Over: Antitrust Risks in Unreported Small Acquisitions |
|
| On March 9, 2009, the Antitrust Division of the Department of Justice ("DOJ") announced that it had brought suit against Election Systems & Software, Inc. ("ES&S") to challenge its acquisition in September of 2009 of Premier Election Solutions Inc. ("Premier") from Diebold, Inc. more |
|
|
| 12/9/2009 |
Patent Litigation Alert: Federal Circuit Limits Forum-Shopping |
|
| The Federal Circuit last week issued two opinions that substantially impact the tactics used in Texas-based patent litigation more |
|
|
| 11/13/2009 |
Are Juries Ready to Decide Underlying Questions of Fact? Obviously Not |
|
| The Supreme Court has told us that obviousness in patent cases is a question of law, based on underlying findings of fact. What this means is that juries as fact-finders are supposed to decide the underlying factual issues, but judges are supposed to decide the ultimate legal question of patent validity. more |
|
|
| 10/15/2009 |
Fenwick Employment Brief - October 15, 2009 |
|
| Flu season is upon us, and this year the concerns are heightened due to the threat posed by the H1N1 influenza virus (also referred to as the swine flu). Presently, thirty seven states, including California and Washington, have reported widespread swine flu activity, and the Centers For Disease Control (CDC) is recommending that individuals take precautions to reduce the likelihood of virus transmission. In light of the possible impact of the swine flu (or other communicable disease) on businesses, employers should be prepared to address both the practical and legal concerns arising from an outbreak. more |
|
|
| 9/4/2009 |
Bilski Briefs Span Wide Range of Positions |
|
| On June 1, the Supreme Court agreed to decide a case that will have a great impact on what types of inventions can be patented. more |
|
|
| 9/2/2009 |
Ariad Written Description Ruling Could Significantly Impact Biotech Patents |
|
| The fate of many chemical and biotechnology patents will soon depend on the Federal Circuit's interpretation of the first paragraph of section 112 of the Patent Act. more |
|
|
| 8/24/2009 |
Litigation Alert: Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc.—The Federal Circuit Holds 35 U.S.C. § 271(f) Inapplicable to Method Claims |
|
| On August 19, 2009, the Federal Circuit, sitting en banc, limited the reach of 35 U.S.C. § 271(f), holding that the statute does not apply to method claims. The Federal Circuit's decision in Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., _F.3d_ (Fed. Cir. 2009) (en banc in part) (Lourie, J.), reversed its earlier holding in Union Carbide Chemicals Plastics Technology Corp. v. Shell Oil Co., 425 F.3d 1366 (Fed. Cir. 2005). more |
|
|
| 7/13/2009 |
Litigation Alert: Vinole v. Countrywide |
|
| The Ninth Circuit's recent opinion in Vinole v. Countrywide Home Loans, Inc., – F.3d –, 2009 WL 1926444 (9th Cir. July 7, 2009), established precedent in this Circuit: A defendant may move to deny class certification before a plaintiff moves to have the class certified, and need not wait until the close of discovery to do so... more |
|
|
| 7/7/2009 |
IP Bulletin Summer 2009 |
|
| The Patent Prosecution Highway (PPH) began in July 2006 as a pilot, one-year cooperative agreement between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO). more |
|
|
| 7/6/2009 |
EIM and Litigation Alert: California eDiscovery Legislation Signed Into Law, Effective Immediately |
|
| On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California’s first set of statutes designed to address the realities of electronic discovery more |
|
|
| 6/22/2009 |
Litigation Alert: FLIR Systems, Inc. v. Parrish |
|
| The California Court of Appeal's recent opinion in FLIR Sys., Inc. v. Parrish, ___ Cal. App. 4th ___, 2009 Cal. App. LEXIS 943 (2d Dist. June 15, 2009) reinforces the need for careful deliberation in determining when and where to seek injunctive relief against trade secret misappropriation by former employees more |
|
|
| 5/20/2009 |
Litigation Alert: Supreme Court Clarifies Standing and Reliance Rules for 17200 Consumer Class Action Claims |
|
| On May 18, 2009, a split California Supreme Court handed down its long awaited decision of In Re Tobacco II Cases (S147345), clarifying the effect of Proposition 64 on the unfair competition law ("UCL") (Bus. & Prof. Code, § 17200 et seq.) in consumer class actions.... more |
|
|
| 4/16/2009 |
Antitrust Alert: Leegin Returns to East Texas to Die: Epic Vertical Price Fixing Case Goes Full Circle |
|
| Earlier this month, the Eastern District of Texas dismissed all claims in an antitrust case that has made history. In 2007, the United States Supreme Court shook the antitrust world with its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 127 S.Ct. 2705 (2007)... more |
|
|
| 4/1/2009 |
Shrinking Prospects for Private Trade Secret Actions Under the CFAA |
|
| The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was enacted in 1984 as a criminal statute, but was subsequently amended in the 1990s to allow for private causes of action for damage to a "protected computer." more |
|
|
| 3/20/2009 |
Intellectual Property Bulletin Spring 2009 |
|
| A bipartisan quartet of senators and representatives held a press conference on March 3, 2009 announcing yet another push at patent law reform. Hearings commenced the following week... more |
|
|
| 3/19/2009 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
|
| The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims... more |
|
|
| 3/18/2009 |
Trolls 2.0 |
|
| Last week, a bipartisan quartet of senators introduced yet another round of patent reform legislation. As with the prior unsuccessful attempts in recent years, the bills proposed in the House and the Senate address a variety of issues, such as the measure of damages that a patentee can recover from an infringer.... more |
|
|
| 3/16/2009 |
Making Sense of the Revived "Machine-or-Transformation" Test in In re Bilski |
|
| On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection...
more |
|
|
| 3/16/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
|
| On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection...
more |
|
|
| 2/18/2009 |
Corporate and Securities Alert: Delaware Supreme Court Confirms Officers' Fiduciary Duties and Refines the Application of the Common Law Doctrine of Shareholder Ratification |
|
| The Delaware Supreme Court's recent decision in Gantler vs. Stephens (Del. January 27, 2009) – where the Court issued a rare reversal of a Court of Chancery decision – contains several noteworthy holdings on core corporate governance principles...
more |
|
|
| 1/21/2009 |
Securities Litigation Update—Must A Corporation Disclose Privileged Information To Avoid Prosecution, And If It Does So, Will It Be At The Mercy Of The Plaintiffs' Bar? – Recent Developments In DOJ Policy And Case Law |
|
| Many boards and executives of corporations subject to criminal and civil regulatory investigations have grappled with the highly charged decision of whether to provide the government with privileged communications and attorney work product....
more |
|
|
| 1/15/2009 |
Patent Law Year in Review: 2008-2009 |
|
| A Look Back at 2008 and A Look Ahead at 2009....
more |
|
|
| 1/13/2009 |
Costco Decision Could Significantly Change Scope of Attorney-Client Privilege |
|
| The case of Costco Wholesale Corporation v. Superior Court, currently pending before the California Supreme Court, may dramatically affect the manner in which clients interact with and utilize their lawyers....
more |
|
|
| 1/8/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
|
| Bernard Bilski did not intend to be a poster child for business method inventions. He filed his patent application more than a year before the Federal Circuit decided...
more |
|
|
| 1/7/2009 |
Mergers and Acquisitions Alert: New HSR Thresholds for 2009 |
|
| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase mid-February (exact date still pending), due to an annual adjustment mechanism that was created in the last round of amendments to the HSR Act...
more |
|
|
| 12/23/2008 |
Intellectual Property Bulletin Winter 2008/2009 |
|
| Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...
more |
|
|
| 12/8/2008 |
Securities Litigation Alert: Ninth Circuit Affirms District Court's Dismissal of Securities Class Action |
|
| On November 26, 2008, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of a securities fraud lawsuit brought by Glazer Capital Management against InVision Technologies, Inc. and two of its executive officers....
more |
|
|
| 12/5/2008 |
In re Swanson: Ex Parte Reexamination in the Patent Office Provides Second Chance to Invalidate Patent |
|
| It may not literally keep in-house attorneys up at night, but the chance that a relevant patent owned by another may unexpectedly show up on one's desk in the morning is certainly not a pleasant thought.
more |
|
|
| 11/19/2008 |
Litigation and Tax Alert: DOJ Targets Approximately 20,000 Investors as Co-Conspirators in Criminal Tax Fraud Investigation of UBS |
|
| The United States Department of Justice has opened a new front on its war against allegedly fraudulent tax shelters...
more |
|
|
| 10/31/2008 |
Patent Alert: Federal Circuit en banc Clarifies the Test for Determining When Processes are Patentable |
|
| In a long-awaited decision, on October 30, 2008, the Federal Circuit en banc decided In re Bilski, clarifying the test for determining whether a process patent claim qualifies as patentable subject matter under Section 101 of the U.S. Patent Act.
more |
|
|
| 10/22/2008 |
Corporate and Securities Alert: M&A Development—Additional Guidance from the Delaware Chancery Court on MAE Clauses |
|
| Hexion v. Huntsman provides lessons on what constitutes a Material Adverse Effect and the meaning of "reasonable best efforts" and "knowing and intentional breach."...
more |
|
|
| 10/20/2008 |
Advanced Copyright Issues on the Internet |
|
| During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds.
more |
|
|
| 10/20/2008 |
The Still Blurry Standards for Proving Trademark Dilution |
|
| In 2006, Congress passed the Trademark Dilution Revision Act, or "TDRA." Hailed by some and criticized by others, the TDRA was widely expected to make it easier for the owners of famous trademarks to prevail in claims for trademark dilution...
more |
|
|
| 10/17/2008 |
Intellectual Property Bulletin Fall 2008 |
|
| In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...
more |
|
|
| 10/2/2008 |
FASB to Reconsider Plan for Sweeping Changes to Contingent Liabilities Disclosures |
|
| On September 24, 2008, the Financial Accounting Standards Board ("FASB") decided to reconsider its previously-proposed amendments to FASB Statement No. 5, Accounting for Contingencies ("Statement 5"), and FASB Statement No. 141, Business Combinations...
more |
|
|
| 9/2/2008 |
Copyright Alert: Io v. Veoh—DMCA Covers Video Upload Site Charged With Exposing Skin Flicks |
|
| In an important decision with potential implications for the Viacom v. YouTube suit and for every website that hosts user-supplied content, a Magistrate Judge in the Northern District of California has granted summary judgment against a publisher of "adult" films...
more |
|
|
| 8/11/2008 |
Corporate and Securities Alert: Auction Rate Securities—Recent Settlements with SEC and Other Regulators |
|
| On August 7 and 8, the Securities and Exchange Commission announced settlements with Citigroup Global Markets and UBS Securities and UBS Financial Services Inc....
more |
|
|
| 8/8/2008 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
|
| The California Supreme Court has ruled in Edwards v. Arthur Andersen LLP, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 ("Section 16600")...
more |
|
|
| 8/6/2008 |
Copyright Alert: Cartoon Network v. Cablevision—Buffer Reproductions Are Not Infringing Copies, Holds Second Circuit in "Remote" DVR Case |
|
| In a long-awaited ruling, the Second Circuit held on Monday that unauthorized reproductions of data, such as digital movie files, in computer buffers are not infringing copies because they were not fixed "for a period of more than transitory duration." ...
more |
|
|
| 7/30/2008 |
Antitrust Alert: Vegans (and Foodies) Rejoice: D.C. Circuit Rules for FTC in Whole Foods Merger Case |
|
| In a two to one decision, the United States Court of Appeals for the District of Columbia has given the FTC a major victory for its merger enforcement jurisdiction...
more |
|
|
| 7/28/2008 |
Opinion Letters in the Wake of In re Seagate Technology |
|
| Patent infringement is a strict liability offense, the nature of which is only considered to determine whether infringement was willful and enhanced damages are warranted. For decades, accused infringers in patent infringement lawsuits relied on opinions of counsel to defend against willful infringement claims that may lead to enhanced damages...
more |
|
|
| 7/8/2008 |
Litigation Alert: Ninth Circuit Adopts Good Faith Defense for Lanham Act Claims Premised on Allegedly False Patent Infringement Allegations Made to Third Parties |
|
| In Fisher Tool Co., Inc. v. Gillet Outillage, __ F.3d __, 2008 U.S. App. LEXIS 13727 (June 30, 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations...
more |
|
|
| 6/18/2008 |
Think You Are a Co-Owner of a Copyright?—Think Again |
|
| Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008)...
more |
|
|
| 6/9/2008 |
Litigation Alert: Quanta v. LG Electronics — The Supreme Court Revives the Patent Exhaustion Doctrine |
|
| On June 9, the Supreme Court issued an important decision affecting the doctrine of exhaustion of patent rights through licensing of patented methods and components.
more |
|
|
| 4/30/2008 |
Privacy Alert: Gov't Rummaging Through Your Laptop's Contents? No Problem If You're Re-Entering USA, Says Ninth Circuit |
|
| You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb...
more |
|
|
| 4/24/2008 |
Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC |
|
| In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated...
more |
|
|
| 4/8/2008 |
Litigation Alert: Roommate.com en banc |
|
| The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.
more |
|
|
| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
|
| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar.
more |
|
|
| 3/24/2008 |
SOX Litigation-Hold Triggers — Public and Private Companies Susceptible to Criminal Prosecution for Obstruction of Justice |
|
| Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the Act applies uniquely to public companies.
more |
|
|
| 3/17/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any, On Roommate.com? |
|
| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
|
|
| 2/18/2008 |
Corporate and Securities Alert: Delaware Supreme Court Confirms Officers' Fiduciary Duties and Refines the Application of the Common Law Doctrine of Shareholder Ratification |
|
| The Delaware Supreme Court's recent decision in Gantler vs. Stephens (Del. January 27, 2009) – where the Court issued a rare reversal of a Court of Chancery decision – contains several noteworthy holdings on core corporate governance principles...
more |
|
|
| 1/28/2008 |
Securities Litigation Alert: The Foreign Corrupt Practices Act: The Next Corporate Scandal? |
|
| As the stock option backdating cases wind down, what will be the next corporate scandal to gain widespread notoriety?
more |
|
|
| 1/17/2008 |
Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? |
|
| Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law
more |
|
|
| 10/10/2007 |
Securities Litigation Alert: Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc. |
|
| On October 9, 2007, the United States Supreme Court heard oral argument in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., which centers on how wide a net plaintiffs may cast in securities class action suits.
more |
|
|
| 9/17/2007 |
Third Strike for Perfect 10? |
|
| In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable.
more |
|
|
| 9/11/2007 |
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays |
|
| How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google.
more |
|
|
| 9/4/2007 |
Securities Litigation Alert: Insider Trading Is Back |
|
| Most of the SEC enforcement actions brought this year against Wall Street professionals and corporate executives involve insider trading in advance of mergers and acquisitions.
more |
|
|
| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
|
| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness.
more |
|
|
| 8/14/2007 |
Don't Try This on Your Site: Changing Contracts via Website Notice Alone |
|
| On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice.
more |
|
|
| 7/31/2007 |
Injunctions After eBay v. MercExchange |
|
| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006).
more |
|
|
| 7/30/2007 |
Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA—Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement |
|
| On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA)
more |
|
|
| 7/17/2007 |
Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability |
|
| On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights.
more |
|
|
| 7/13/2007 |
Top Five Practices for Implementing an Effective Trade Secret Preservation Program |
|
| Top Five Practices for Implementing an Effective Trade Secret Preservation Program.
more |
|
|
| 7/11/2007 |
Twombly and the Need to Plead Facts:The Antitrust Decision Every Litigator Needs to Know |
|
| The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims.
more |
|
|
| 7/5/2007 |
Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
|
| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender.
more |
|
|
| 6/28/2007 |
Antitrust Alert: Supreme Court Overrules Per Se Rule Against "Vertical" Minimum Price Agreements between Manufacturers and their Distributors |
|
| On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing the proper antitrust analysis of resale price maintenance under Section 1 of the Sherman Act, one of the most important federal antitrust statutes.
more |
|
|
| 6/21/2007 |
Securities Litigation Alert: A Major Victory for Defendants in Securities Class Actions: Tellabs, Inc. v. Makor Issues & Rights, Ltd. |
|
| On June 21, 2007, the U.S. Supreme Court handed down a decision that provides welcome news to any public company, officer or director facing the prospect of a securities class action lawsuit.
more |
|
|
| 6/20/2007 |
U.S. Supreme Court Reconciles Antitrust Law and Securities Regulation |
|
| On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws
more |
|
|
| 6/1/2007 |
Playing by the Notice & Takedown Rules: Protection for Online Service Providers |
|
| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares.
more |
|
|
| 5/24/2007 |
Antitrust Alert: Beware of HSR Filing Requirements for Option Exercises or Vesting of Restricted Stock |
|
| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares.
more |
|
|
| 5/17/2007 |
Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right; Image Search Engine Thumbnails Are Fair Use; and a New Test for Online Contributory Infringement |
|
| How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events.
more |
|
|
| 5/17/2007 |
Litigation Alert: Ninth Circuit Limits CDA Immunity for Internet Service Providers |
|
| On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.
more |
|
|
| 5/1/2007 |
Litigation Alert: KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious |
|
| On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws."
more |
|
|
| 5/1/2007 |
Litigation Alert: Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. § 271(f) |
|
| On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad.
more |
|
|
| 4/17/2007 |
Legal FAQ: Introduction to Patent Litigation |
|
| The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it.
more |
|
|
| 4/12/2007 |
Securities Litigation Alert: Northern District of California Dismisses Shareholder Derivative Stock Options Backdating Case: In re CNET Networks, Inc., Shareholder Derivative Litig. |
|
| In a detailed and thoughtful decision—and one that is certain to be cited frequently in the months ahead ? Judge William Alsup has dismissed a shareholder derivative complaint against various officers and directors of CNET Networks, Inc...
more |
|
|
| 3/30/2007 |
Securities Litigation Alert: Tellabs, Inc. et al. v. Makor Issues & Rights, Ltd., et al. |
|
| On March 28, 2007, the United States Supreme Court heard oral argument in Tellabs, Inc., et al. v. Makor Issues & Rights, Ltd., et al., a case that promises to resolve a significant and long-standing disagreement among courts on interpretation of the requirement that plaintiffs in securities fraud actions plead a "strong inference" of scienter.
more |
|
|
| 3/1/2007 |
Litigation Alert: Northern California District Court Expands Information Retention Requirements |
|
| The United States District Court for the Northern District of California has revised Civil Local Rule 16-9 and issued a new Standing Order for all Judges regarding the required contents of Joint Case Management Statements
more |
|
|
| 2/23/2007 |
Litigation Alert: Supreme Court Imposes Limits on Punitive Damages Awards |
|
| On February 20, 2007, Philip Morris won temporary reprieve when the Supreme Court vacated a jury award of $79.5 million in punitive damages to the widow of a deceased smoker, Jesse Williams.
more |
|
|
| 2/21/2007 |
Antitrust Alert: The Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381 |
|
| On February 20, the Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, addressing the antitrust analysis of predatory bidding under Sherman Act Section 2.
more |
|
|
| 2/12/2007 |
Securities Litigation Alert: First Delaware Decisions on Option Grant Dating: Ryan v. Gifford and In re Tyson Foods, Inc. Consol. Shareholder Litig. |
|
| In two separate decisions issued on February 6, the Delaware Chancery Court weighed in for the first time on issues directly relating to the current wave of stock option matters.
more |
|
|
| 2/2/2007 |
Web Sites' CDA §230 Immunity: An Ever-Expanding Universe? |
|
| The Federal Communications Decency Act of 1996 ("CDA") immunizes Web site operators and other interactive computer service providers from liability for third parties' tortious acts. more |
|
|
| 1/19/2007 |
Out of Sight, Out of Mind, Into Court |
|
| Much has been written in recent years about the benefits and pitfalls associated with employee telecommuting arrangements.
more |
|
|
| 1/10/2007 |
Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent |
|
| Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.
more |
|
|
| 12/19/2006 |
Litigation Alert: Settlement Agreements Executed During Mediation Are Only Admissible If They Include Clear Language Demonstrating the Parties' Intent to be Bound |
|
| On December 14, 2006, the California Supreme Court ruled in Fair v. Bakhtiari, No. S129220, ___ Cal.4th ___ (Dec. 14, 2006), that under California Evidence Code section 1123(b), parties who mediated their dispute and signed a settlement memorandum did not clearly demonstrate their intent that the memorandum be enforceable, even though it contained an arbitration clause.
more |
|
|
| 12/18/2006 |
Litigation Alert: DOJ Revises Policy on Demanding Waiver of Attorney-Client Privilege |
|
| On December 12, 2006, the Justice Department announced new guidelines for federal prosecutors to follow in charging business organizations.
more |
|
|
| 12/15/2006 |
Litigation Alert: En Banc Federal Circuit Adopts Specific Intent Standard for Inducement |
|
| On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement.
more |
|
|
| 11/20/2006 |
The California Supreme Court Considers Web Site Immunity |
|
| The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability.
more |
|
|
| 11/8/2006 |
Just Say ... Maybe (Arbitration Finality) |
|
| "Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award.
more |
|
|
| 10/31/2006 |
Beware the Dangers of Arbitrators Morphing Into Mediators |
|
| Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation.
more |
|
|
| 10/31/2006 |
Litigation Alert: Transforming Uses of a Celebrity's Likeness Are Protected by the First Amendment |
|
| On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative
more |
|
|
| 9/27/2006 |
D&O Liability Insurance—Coverage Risks for Innocent Directors and Officers |
|
|
|
|
| 9/18/2006 |
Litigation Alert: California Court of Appeal Rules Contractual Provisions to Submit Disputes to Judicial Referee Are Enforceable |
|
| On August 21, 2006, the California Court of Appeal ruled in Woodside Homes of California Inc. v. Superior Court (Wheeler), 06 C.D.O.S. 7777, that pre-dispute contractual agreements to submit controversies to a judicial referee pursuant to California Code of Civil Procedure
more |
|
|
| 9/1/2006 |
Employment Law Alert: September 1, 2006 |
|
| A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce non-competes against California employees where the restraint excludes an employee from a narrow portion of his or her profession.
more |
|
|
| 9/1/2006 |
Litigation Alert: California Court Rejects "Narrow Restraint" Exception to State's Prohibition on Non-Compete Agreements |
|
| A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce noncompetes against California employees where the restraint excludes an employee from a narrow portion of his or her profession..
more |
|
|
| 8/18/2006 |
Litigation Alert: Northern District of California Rules Online Auction Buyer Must Sue in Seller's Forum |
|
| Recently, Chief Judge Vaughn Walker of the Northern District of California ruled in Boschetto v. Hansing (Case No. C-06-1390, order issued July 13, 2006) that a Wisconsin resident's sale of a vehicle on eBay to a California resident did not give rise to personal jurisdiction in California.
more |
|
|
| 7/31/2006 |
Notable New Cases in Copyright/ DMCA Litigation (2005-2006) |
|
| The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act.
more |
|
|
| 7/27/2006 |
Court Shifts Balance Between Trade Secrets and Public Interest |
|
| Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006).
more |
|
|
| 7/25/2006 |
Litigation Alert: Ninth Circuit Extends Sublicensing Rule to Trademark Licenses |
|
| On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission.
more |
|
|
| 7/24/2006 |
Litigation Alert: Supreme Court of California Holds Proposition 64 Applicable to Pending Unfair Competition Law Cases |
|
| In November 2004, California voters passed Proposition 64 to purge the abusive use of private "representative" actions under California's Unfair Competition Law ("UCL") and False Advertising Law ("FAL") (respectively, California Business & Professions Code Sections 17200 and 17500, et seq.).
more |
|
|
| 7/14/2006 |
Litigation Alert - New Prop 64 Decision Affects Class Actions Under California's Unfair Competition Law: Pfizer Inc. v. Superior Court |
|
| Under the California Court of Appeal's July 11, 2006 decision in Pfizer Inc. v. Superior Court, class action plaintiffs seeking to bring unfair business practices or false advertising claims against California businesses now face a greater preemptive challenge.
more |
|
|
| 7/11/2006 |
Litigation Alert: LG Electronics, Inc. v. Bizcom Electronics, Inc. |
|
| On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion.
more |
|
|
| 6/23/2006 |
Litigation Alert: Supreme Court Dismisses LabCorp Appeal |
|
| The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter.
more |
|
|
| 6/1/2006 |
Litigation Alert - California Court Blocks Subpoenas Aimed at Bloggers' Source of Trade Secret Information |
|
| On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information.
more |
|
|
| 5/17/2006 |
Going to the Videotape: An Introduction to the Patent System |
|
| Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case. This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office.
more |
|
|
| 5/15/2006 |
Litigation Alert: eBay v. MercExchange: Supreme Court Clarifies Test for Permanent Injunction in Patent Cases |
|
| A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them.
more |
|
|
| 4/25/2006 |
Litigation Alert: Electronic Discovery is Focus of Pending Federal Rule Changes Approved by U.S. Supreme Court |
|
| On April 12, 2006, the United States Supreme Court approved changes to the Federal Rules of Civil Procedure that will require early involvement of the court in managing electronic discovery.
more |
|
|
| 4/21/2006 |
Litigation Alert: District Court Rules that Shrinkwrap Agreement May Be Enforceable |
|
| On April 5, 2006, the District Court for the Eastern District of California ruled in the case of Meridian Project Systems, Inc. v. Hardin Construction Co., L.L.C., Civ.04-2728, that an End User License Agreement ("EULA") contained within software packaging may be an enforceable "shrinkwrap" agreement.
more |
|
|
| 4/19/2006 |
Trade Secret Identification Rule |
|
| Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated.
more |
|
|
| 3/29/2006 |
USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too |
|
| When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue.
more |
|
|
| 3/6/2006 |
Antitrust Update - Supreme Court Eliminates Presumption of Market Power in Patent Tying Cases |
|
| On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases.
more |
|
|
| 3/1/2006 |
Antitrust Update - Texaco v. Dagher: U.S. Supreme Court Provides Guidance on Antitrust Analysis of Joint Ventures |
|
| The Supreme Court's decision on February 28, 2006, in Texaco, Inc. v. Dagher provides important and much-needed guidance for the antitrust analysis of joint ventures.
more |
|
|
| 2/22/2006 |
Litigation Alert: Perfect 10's Preliminary Injunction Against Google Exposes New Approaches to Copyright and Fair Use on the Internet |
|
| On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet.
more |
|
|
| 1/27/2006 |
Litigation Alert: California Court Enforces Liquidated Damages in Standardized Form Contracts for Consumer Services |
|
| On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.
more |
|
|
| 1/23/2006 |
eBay v. MercExchange - Supreme Court to Reconsider Injunction Remedy in Patent Cases |
|
| The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005).
more |
|
|
| 1/19/2006 |
Patent Law Developments: 2006 |
|
| The Year Past and the Year Ahead
more |
|
|
| 1/18/2006 |
Litigation Alert: New Price Discrimination Case from the Supreme Court |
|
| Despite academic criticism and increasingly rare government enforcement, reports of the death of the Robinson-Patman Act are premature, and price discrimination continues to be a potential source of private litigation for many companies.
more |
|
|
| 1/4/2006 |
Litigation Alert: Inefficient Electronic Discovery Management Can Cost Clients |
|
| On December 14, 2005, the Delaware Chancery Court reduced recovery of plaintiffs' attorneys' fees in a securities case by nearly $1.2 million, in large part for inefficiently managing electronic discovery.
more |
|
|
| 11/3/2005 |
Authorized Generics: Antitrust Issues and the Hatch-Waxman Act |
|
| An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name.
more |
|
|
| 10/17/2005 |
Patent Litigation |
|
| This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases.
more |
|
|
| 9/20/2005 |
Extraterritorial Expansion of U.S. Patent Law |
|
| With the advent of the global economy, the design, manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas. Naturally, the owners of U.S. patents are increasingly attempting to enforce their U.S. patents against activities carried out at least in part, if not entirely, outside the U.S.
more |
|
|
| 9/15/2005 |
Copyright Alert: Circuit Court Decisions Weaken, Strengthen Hand of Software Owners Using Technological Protection Measures |
|
| Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders.
more |
|
|
| 8/8/2005 |
Pre-Dispute Contractual Waivers of Trial by Jury Ruled Unenforceable under California Law |
|
| The Contract Language / The Decision / Arbitration Agreements / Practical Impact
more |
|
|
| 7/19/2005 |
Patent Infringement Under Section 271(f) and the Exportation of Software—Living in a Material World |
|
| On July 13, 2005, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding whether the exportation of software code from the United States for distribution and use in foreign markets constitutes an infringement under U.S. patent law.
more |
|
|
| 7/13/2005 |
Phillips v. AWH Corporation—Revisiting the Rules of Claim Construction: Still No Magic Formula |
|
| Overview / Commentary / Authors of the Opinion / Summary of the Opinion / Dissents
more |
|
|
| 7/5/2005 |
California Supreme Court Clarifies Guidelines for Punitive Damages |
|
| The California Supreme Court has clarified the guidelines for imposition of punitive damages in Simon v. San Paolo U.S. Holding Co. and Johnson v. Ford Motor Co.
more |
|
|
| 6/14/2005 |
Intellectual Property Bulletin Spring 2005 |
|
| CoStar Reopens Settled Fixation Issue/Trademark Infringement and the Fair Use Defense/Changes in Store for "Ailing" Patent System/Family Entertainment and Copyright Act Becomes Law.
more |
|
|
| 5/25/2005 |
Corporate and Securities Law Update - Regulation FD Enforcement Actions |
|
| This memorandum summarizes the fact patterns of actions to present the application of Regulation FD in practical terms.
more |
|
|
| 2/17/2005 |
Patent Law Developments: 2005 |
|
| The Year Past and the Year Ahead
more |
|
|
| 2/14/2005 |
Recent Trends In Securities Litigation: Perspectives From Plaintiffs And Regulators |
|
| The 2005 D&O Liability and Insurance Symposium in New York, sponsored by the Professional Liability Underwriting Society, featured a panel of top plaintiffs' lawyers,
more |
|
|
| 2/1/2005 |
InVision Non-Prosecution Agreement with DOJ and Proposed Settlement with SEC Demonstrate Importance of Compliance with Foreign Corrupt Practices Act |
|
| On December 3, 2004, the U.S. Department of Justice entered into a non-prosecution agreement relating to a Foreign Corrupt Practices Act (FCPA) investigation of InVision Technologies, Inc.
more |
|
|
| 11/16/2004 |
Time to Consider Revising Compliance and Ethics Programs in Light of New Federal Sentencing Guidelines |
|
| Recent amendments to the Federal Sentencing Guidelines applicable to organizations went into effect on November 1, 2004.
more |
|
|
| 11/9/2004 |
M&A Development: Court Finds Financially Sophisticated Director Personally Liable for $77 Million |
|
| The price and process fairness of business combinations are increasingly challenged in litigation.
more |
|
|
| 3/11/2004 |
Copyright Infringement Litigation with Some Asides on Software Copyright Litigation |
|
| Where, What, When, Who and Why
more |
|
|
| 11/26/2003 |
EFiling |
|
| Efiling: What is it? What are its Implications?, 19 Santa Clara Computer & High Tech. L. J. 181 (Dec. 2002), as updated 11/26/03. This lengthy article examines the current state of electronic filing in nationwide state courts, federal courts and government agencies. The piece also explores the dramatic implications electronic filing has begun to have for courts, lawyers, law offices, clients, citizens and government.
more |
|
|
| 6/11/2003 |
EDiscovery |
|
| EDiscovery: Preserving, Requesting & Producing Electronic Information, 19 Santa Clara Computer & High Tech. L. J. 131 (Dec. 2002), as updated 6/11/03. This lengthy article examines the implications of the shift from tangible paper files to an ever-expanding universe of intangible electronic items, including emails, databases, back-up tapes and websites. The piece explores how the growing body of EDiscovery case law has expanded discovery compliance obligations to encompass: sophisticated document retention policies; enhanced organization and management processes; particularized protocols designed to safeguard trade secrets and other confidential information; and increased use of computer forensics experts.
more |
|
|
| 5/16/2003 |
M&A Development: Court Declares Certain Deal Protection Mechanisms Unenforceable |
|
| In Omnicare, Inc. vs. NCS Healthcare, Inc., the Supreme Court of Delaware effectively warns M&A deal makers that overreaching deal protection mechanisms may be unenforceable.
more |
|
|
