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Trademark 'Theft' With AdWords Keyword Bidding

June 01, 2018

Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement ClaimsAs Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.

Supreme Court Denies Cert in RLUIPA Case

June 01, 2018

Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious UsesThe broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.

Chapter 15 Practice: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan

June 01, 2018

The U.S. Bankruptcy Court for the District of Delaware recently ruled that choice of law and venue selection provisions in a contract between a U.S. creditor and Italian debtor did not trump the debt restructuring plan approved by an Italian bankruptcy court.

Navigating the Fear and Promise of Artificial Intelligence

June 01, 2018

AI solves real challenges and answers real questions that lawyers face every day. It can accomplish or facilitate these tasks more quickly, accurately and efficiently than even the most capable human experts — with the goal of augmenting their skills rather than replacing them.

Addressing Disproportionate Forfeitures: Refining the Bajakajian Analysis

June 01, 2018

Part Two of a Two-Part ArticleIn Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.

Legal Tech: E-Discovery Case Digest

June 01, 2018

A look at key court rulings on e-discovery matters from the winter of 2017-18.

Case Notes

June 01, 2018

She's Not a Third-Party Beneficiary

How to Leverage Media Relations Throughout an Attorney's Career

June 01, 2018

A lawyer can utilize the platform of media outlets to share insights that will develop business by attracting the attention of potential clients and referral sources.

Development

June 01, 2018

Merger Defeats Single and Separate Ownership Claim Failure to Refer to County Planning Board Invalidates Grant of Area Variance Denial of Natural Resources Special Permit Upheld Village Ratifies Extension of Lease to Cell Phone Provider

IP News

June 01, 2018

Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out Federal Circuit Says Alice Not Intervening Change

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How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
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Intellectual Property
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
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Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
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Compliance and Third-Party Risk Management
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.
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The Binding Effect of Plea Agreements In White Collar Crimes
Federal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.
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