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Med Mal News
October 02, 2015
Discussion of two recent rulings.
Equipment Finance Industry Compensation Continues to Rise
October 02, 2015
Compensation in the equipment finance industry increased in 2014, representing the fifth consecutive year that the industry has seen a year-over-year increase in overall compensation.
How to Defend Rule 30(b)(6) Product Liability Depositions Successfully
October 02, 2015
Federal Rule 30(b)(6) requires a corporation to designate a witness in response to a deposition notice that describes with "reasonable particularity" the topics upon which the witness will testify. The potential trial implications of a corporate witness' testimony require counsel to understand his client's product, carefully examine the deposition notice topics, help to identify the proper corporate designee(s) to testify, and thoroughly prepare the designee to testify on the notice topics, among others.
'Happy Birthday' Case Built on Prof.'s Article
October 02, 2015
A federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.
<i>En Banc</i> Federal Circuit Revives Section 337 Induced Infringement
October 02, 2015
The Federal Circuit, in <i>Suprema, Inc. v. Int'l Trade Comm'n,</i>, overturned a 2013 divided panel decision and held that a Section 337 violation based on induced infringement is viable where the underlying direct infringement occurs after importation.
Too Much <i>Fluor?</i> California Supreme Court Overturns <i>Henkel</i>
October 02, 2015
The California Supreme Court recently reversed course and overturned one of its earlier decisions, rejecting consent-to-assignment clauses as a bar to coverage where the loss at issue pre-dates the assignment.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
October 02, 2015
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
Overcoming Challenges In Transferring Technology In Academia and Beyond
October 02, 2015
University technology transfer offices (TTOs) bridge the gap between innovation and commercialization by identifying ways to protect university-generated innovations from unauthorized exploitation, by obtaining the appropriate protection for such innovations, and by facilitating commercialization of these innovations. For-profit companies worldwide engage in a similar process; however, universities face unique challenges in these efforts.
Ninth Circuit Says Fair Use Must Be Considered In DMCA Takedowns
October 02, 2015
Copyright holders must take into account fair use defenses before demanding that services such as YouTube take down unauthorized content, the Ninth Circuit ruled last month.
Employees with Duty to Report Bias Protected from Retaliation
October 02, 2015
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.

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