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Federal Circuit Invites Briefs On Extent of Waiver Following Advice of Counsel Defense
In the case of In Re Seagate Tech., Misc. Docket No. 830, 2007 U.S. App. LEXIS 2457, *1 (Fed. Cir. Jan. 26, 2007), the Federal Circuit decided, sua sponte, to hear en banc, a petition for writ of mandamus seeking to vacate an Order of the Southern District of New York compelling defendant Seagate to produce trial counsel's privileged advice. The district court's order came after Seagate invoked the advice of counsel defense to allegations of willful infringement.
In its petition for mandamus, Seagate argued that the district court's decision contradicted controlling legal principles set forth in Federal Circuit precedent and allowed the plaintiffs to invade the most sacred of attorney-client communications ' those directed to trial strategy and preparation ' even though Seagate had at all times maintained separate and independent opinion and trial counsel. The respondents, Convolve Inc. and Massachusetts Institute of Technology, argued that under Federal Circuit precedent, the district court was within its discretion in determining the scope of the privilege waiver, and that the district court had provided for in camera review, which allowed for the proper balance of competing concerns on a document-by-document basis.
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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.
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.
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Legal Possession: What Does It Mean?
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