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Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101 Federal Circuit Holds that Pendency of Motions Unrelated to Interlocutory Judgment Does Not Toll 30-Day Limit to File Notice of Appeal
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Government Secret Recording of Interviews Rarely In Best Interests of Witness
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
Features
How NY Courts Find Copyright Preemption of State Law Claims
Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.
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Activision Trial Counsel Discusses Case About Video Game Character
Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.
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Fear of Unknown In Force Majeure Litigation Prompting Settlements
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
Features
Legislature Modifies HSTPA to Assist Co-ops
In June, New York's lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.
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Sorting Through the Trump Financial Documents: eDiscovery Lawyer Tells How Prosecutors Search For Clues
A Q&A with Bobby Malhotra of Munger, Tolles & Olson LLP, Los Angeles.
Features
Baron Cohen Lawyers on Winning Ruling In Judge Moore's Defamation Suit
In a defamation suit brought by former Alabama Chief Justice Roy Moore, a Federal District Judge recently ruled that a release Judge Moore signed prior to his appearance on the satirical Showtime series Who is America? barred precisely the sorts of claims he was bringing. In this Q&A, Baron Cohen's attorneys discuss the case.
Features
Olympic Swimmer's Counsel on Client's Legal Concerns
When 2020 came and went without the Tokyo Olympics, due to the COVID-19 pandemic, lawyer Alan Fertel watched as many of the sponsorships and deals he'd negotiated for one of the world's fastest swimmers — now Tokyo Olympics Gold medal winner Caleb Dressel — expired.
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