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Case Briefing
Service By E-mail Inadequate
Several pharmaceutical manufacturers were denied their request for leave to serve complaints on two defendants via email because plaintiffs were unable to show that they had made adequate efforts to use more traditional means and their method of service wasn't likely to reach the intended defendants to apprise them of the pending action. Pfizer Inc. v. Domains by Proxy, Civ. Act. No. 3:04cv741 (SRU), 2004 U.S. Dist. LEXIS 13030 (D.D.C. 7/13/04).
Pfizer Inc., Pfizer Ireland Pharmaceuticals and Warner-Lambert Company LLC (collectively Pfizer) sued people and business entities alleged to be behind the genericlipitors.com and econopetcare.com internet sites. Pfizer had filed a complaint but had not yet served two of the defendants — John Doe and Econo Services (India) Pvt. Ltd. Pfizer sought the court's permission to serve these defendants by email pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure. Rule 4(f)(3) allows for service of process to be made on an individual in a foreign country “by means not prohibited by international agreement as may be directed by the court.” These means must comport with constitutional notions of due process by being reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and to afford them an opportunity to present their objections.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?