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Bit Parts Image

Bit Parts

Stan Soocher

Attorney Fees Award to Victor Willis in Song Termination-Rights Litigation<br>New York Federal Court Supports Descendibility of Lanham Act False Endorsement Claims

Features

NLRB Changes Rules for Determining Joint Employers Image

NLRB Changes Rules for Determining Joint Employers

Charles G. Miller

The long-awaited decision of the National Labor Relations Board (NLRB) in <i>Browning-Ferris Industries of California</i> set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.

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Restaurant Chain Accuses CT BBQ Restaurant of Trademark Violation Image

Restaurant Chain Accuses CT BBQ Restaurant of Trademark Violation

Michelle Tuccitto Sullo

A Bridgeport, CT, restaurant's use of a logo with the letters BBQ against a flame backdrop has an out-of-state restaurant chain fired up.

Features

Ninth Circuit Insulates Corporate Insider from Preference Liability Image

Ninth Circuit Insulates Corporate Insider from Preference Liability

Michael L. Cook

"A corporate insider who personally guaranteed" the debtor's loan was not liable on a bankruptcy trustee's preference claim when the corporate debtor repaid its lender, held the U.S. Court of Appeals for the Ninth Circuit on May 6, 2015. Here's an in-depth analysis of the ruling.

Features

2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices Image

2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices

Bill Piwonka

The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.

Features

Forum Selection Clause Held Waiver of Removal Right Image

Forum Selection Clause Held Waiver of Removal Right

Barry M. Klayman & Mark E. Felger

A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?

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<i>Ariosa Diagnostics v. Sequenom </i> Image

<i>Ariosa Diagnostics v. Sequenom </i>

David L. Walker & Angela L. Morrison

On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.

Features

Using Digital Tools To Assess and Remedy Online Reputational Damage Image

Using Digital Tools To Assess and Remedy Online Reputational Damage

Lucinda Bach, Mary Gately & Craig Kronenberger

The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.

Features

Electronic Chattel Paper Image

Electronic Chattel Paper

Benjamin J. Court

One of the significant benefits bestowed upon chattel paper financers is the ability to perfect a security interest via possession, and in so doing potentially achieve priority over pre-existing secured lenders who perfected by filing a UCC Financing Statement. Now, the system is moving toward electronic chattel paper. What does this mean?

Columns & Departments

Court Watch Image

Court Watch

Darryl A. Hart

Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last? <br>Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them

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