<i>Zeran v. AOL</i> and Its Inconsistent Legacy
<i><b>How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits</b></i><p>The rule of <i>Zeran</i> has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of <i>Zeran</i> that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in <i>Zeran</i>.
Supreme Court, Federal Circuit Deny Damages for Patent Found to Be Valid and Infringed
On Nov. 13, 2017, a Federal Circuit panel of Chief Judge Prost, Judge Mayer, and Judge Chen issued a unanimous decision in <i>Promega Corp. v. Life Technologies Corp.</i> On remand from the United States Supreme Court, the panel affirmed a grant of judgment as a matter of law by the United States District Court for the Western District of Wisconsin that the plaintiff failed to prove its infringement case under §§35 U.S.C. 271(a) and 271(f)(1). The panel affirmed the district court's denial for a new trial on damages and infringement, and reaffirmed its prior holdings on enablement, licensing, and active inducement issues.
Labor and Employment Law Changes in the Trump Era
President Trump's first 11 months in office brought significant changes to labor and employment law. Immediate changes to the leadership and agendas for the DOL, the EEOC and the NLRB) have already occurred, along with reversals of policy and positions taken in court.
What Lies Beneath the Surface: The Dark Web
Nearly all of us access the World Wide Web on at least a daily basis. Yet for many of us, there is a fundamental lack of knowledge about the basic structure of the Internet and the way its different levels interact. This article provides a basic outline of the structure of the Web and some insight as to the purpose for and content housed on each level, as well as give some practical tips to avoid your company's data from ending up on the Dark Web.
Wave of Sexual Misconduct Claims Warrants Looks at Confidentiality, Nondisclosure Agreements
Companies try to protect their reputations from executives who have "gone wild" by including moral turpitude clauses as a basis to terminate executives for cause under their employment agreements. Similarly, in the context of employment disputes, companies try to protect themselves through the use of non-disclosure, non-disparagement and confidentiality provisions in settlement agreements.
Key Decisions from Delaware Courts
<b><i>Mergers and Acquisitions</i></b><p>A few recent decisions from the Delaware Court of Chancery provide useful information to corporate executives who are involved in the sale or purchase of businesses, or who are involved in joint ventures in which the sales price or the post-closing profit distribution is based on certain milestones being reached.
Written Opinions Of Counsel: Valuable Tools for Avoiding Willful Patent Infringement
Written opinions of counsel are gaining renewed interest as a valuable tool to limit liability for willful patent infringement. A patent opinion that is competently written by a registered patent attorney sets forth the factual and legal basis for finding a patent not infringed, invalid, and/or unenforceable. However, to be effective, the timing of the rendered patent opinion may be critical.
