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Case Briefs Image

Case Briefs

Stacie B. Lieberman

Highlights of the latest insurance news from around the country.

Features

Myriad: How Did Public Policy Weigh In? Image

Myriad: How Did Public Policy Weigh In?

Larry A. Roberts

In Association for Molecular Pathology v. USPTO, the United States District Court for the Southern District of New York invalidated patents related to isolated BRCA1 and BRCA2 breast and ovarian cancer susceptibility genes. The surprising aspect of the decision was the reason for invalidity ' the district court held that the isolated genes did not constitute patentable subject matter under 35 U.S.C. ' 101.

Features

Practice Tip: Failure-to-Warn Causation and The Learned Intermediary Image

Practice Tip: Failure-to-Warn Causation and The Learned Intermediary

Lori G. Cohen & Daniel I.A. Smulian

In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.

Features

D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality' Image

D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'

David Ingram

Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.

Features

Sony Can't Enforce Agreement With EMI Executive Image

Sony Can't Enforce Agreement With EMI Executive

Noeleen G. Walder

A New York Supreme Court judge has thrown out a suit by Sony Music Entertainment against a competitor record company and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony.

Features

Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements Image

Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements

Lois F. Herzeca

Fashion and apparel goods are an important source of branding opportunities for artists and celebrities. One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.

Features

Non-Compete Cases: Does Anyone Really Win? Image

Non-Compete Cases: Does Anyone Really Win?

Charles S. Modell & James M. Susag

Many articles have been written about the enforcement of non-compete agreements in franchise cases. The "textbook" law is clear, and we address that law in this article. However, the message that we in the franchise bar have been sending our clients about the law may not be so clear: Nobody really "wins" these cases ' except the lawyers who take them to court.

Features

Releases from Canadian Midas Franchisees Found Unenforceable Image

Releases from Canadian Midas Franchisees Found Unenforceable

Jennifer Dolman & Andraya Frith

A recent decision from the Ontario Superior Court of Justice in <i>405341 Ontario Limited v. Midas Canada Inc.</i>, calls into question the some common practices of franchisors in Canada.

Features

Uncertainty for FCC's Net Neutrality in Wake of Comcast Ruling Image

Uncertainty for FCC's Net Neutrality in Wake of Comcast Ruling

Jenna Greene

In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature "net neutrality" initiative hanging by a thread. Now, the agency faces several unpalatable options.

Features

Tax Tips: Marriage, Divorce and Reporting Image

Tax Tips: Marriage, Divorce and Reporting

Sidney Kess

Getting married, losing a spouse, or getting divorced can impact federal income tax reporting in a variety of ways. Application of certain rules may suggest taking certain actions.

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