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October 01, 2016

Federal Circuit: Actual Controversy Existed When Patent Owner Did Not Know Existence of Specific Products<br>Federal Circuit Upholds Prosecution Estoppel Determination<br>

Cooperatives & Condominiums

October 01, 2016

Discussion of a case wherein a co-op shareholder sought an order directing the co-op corporation to approve the sale of her shares.

Development

October 01, 2016

In-depth discussion of several major rulings.

Challenges in Solar Equipment Finance

October 01, 2016

This article is the second in a two-part series exploring state law limitations on various methods of financing solar equipment. It explores the laws in various states related to solar leases and the differences between solar leases and PPAs, as well as the implications of such laws on the financing industry and its customers.

Internet Content Changes White-Collar Criminal Litigation Tactics

October 01, 2016

The federal government engages in certain tactics to reduce the effort associated with white-collar criminal litigation. Among the most criticized are the government's efforts to pressure corporations to waive the attorney-client privilege or work-product protection.

Landlord & Tenant

October 01, 2016

A look at six pivotal decisions.

Tallying States' Activity on Fantasy Sports

October 01, 2016

New York Attorney General Eric Schneiderman had declared online fantasy sports a form of illegal gambling, ordering industry giants DraftKings and FanDuel to shut down operations in a state that generated about 10% of the companies' revenues. The companies countered by suing. Then, faced with enormous legal costs, the companies chose a second course of action. They would pursue state legislation to legitimize their operations while offering consumer protection language ' and a cut in revenues ' in return.

Website Arbitration Clauses

October 01, 2016

In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed the clause was not apparent to them and therefore they never provided any consent to arbitrate.

Partners Approaching Retirement: Transitioning Their Clients

October 01, 2016

This article describes a common procedure that may act as a guide to transitioning clients during a partner's pre-retirement years.

Money Laundering Case Puts Spotlight on Law Firms' Use of Trust Accounts

October 01, 2016

A $3.5 billion asset forfeiture case that the DOJ brought in July grabbed the public's attention for the alleged purchases involved. But prosecutors also claim that prominent law firms used lawyer trust accounts to hold huge sums allegedly pilfered from the government of Malaysia and laundered through U.S. institutions.

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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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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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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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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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