The High Bar for Challenging an Improperly Revived Patent
October 01, 2018
The recent <i>In Re Rembrandt Technologies</i> decision is a reminder of both the potential consequence of a patent holder's disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.
Cybersecurity for Government: Lessons from the Front Line
October 01, 2018
During the time it takes you to read this article, somewhere in the United States, a governmental entity will probably be the victim of a cyber-attack. This article highlights the areas that are most impactful, based on experience in dealing with both large and small cyber-attacks against governments and governmental entities.
Are Allegations of Lack of Medical Necessity in False Claims Act Cases a Basis for Settlement or Trial?
October 01, 2018
<b><i>Lessons Learned from Recent Settlements and Decisions</b></i><p>Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government.Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.
Rap Video That Named Officers Not Protected Free Speech
October 01, 2018
A rap video posted to Facebook crossed the line from artistic to threatening when its lyrics described violent acts, named two Pittsburgh police officers and suggested the rappers knew where those officers lived, the Pennsylvania Supreme Court said in holding it was not protected by the First Amendment.
When Can a Landlord's Consent to Assignment be Reasonably Withheld?
October 01, 2018
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.
'Cause We Are Living in a Digital World …
October 01, 2018
As with traditional branding, a digital brand is simply the perception individuals have of a business or organization online. Digital branding is a brand management technique that uses a combination of Internet branding and digital marketing to develop a brand over a range of digital venues, including Internet-based relationships, device-based applications and media. The objective is to establish and build trust with potential clients, especially while they are in the decision phase of the selection process.
Fair Use, First Sale and Marilyn Monroe
October 01, 2018
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
