Safe Harbor for Service Providers under the Anticybersquatting Act
November 02, 2015
GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
Drug & Device News
November 02, 2015
Analysis of a case in which an appeals court reversed a plaintiff verdict in an Accutane case; FDA warning over a morning sickness drug.
Who Are 'Employees' and How Should We Treat Them?
November 02, 2015
The 2014-15 New Jersey Supreme Court term brought major decisions on diverse employment law issues 'employer liability for sexual harassment, how to determine whether a worker is an "employee" for purposes of wage and hour laws, the extent of protection afforded watchdog employees under the 'Conscientious Employee Protection Act (CEPA), and the negotiability of furlough decisions by municipal employers.
Eye on <i>Lenz</i> In Light of NFL Takedown Notices
November 02, 2015
In October, after receiving takedown requests from the National Football League and two college athletic conferences citing the Digital Millennium Copyright Act (DMCA), Twitter suspended two sports news feeds that feature short clips of football highlights.
Killing the Goose That Laid the Golden Egg
November 02, 2015
A troubling trend is apparent in medical malpractice actions venued in New Jersey: Over the past few decades, our courts have undermined legislation meant to limit hospital liability for tort claims.
The NLRB Joint Employer Ruling
November 02, 2015
On Aug. 27, the NLRB issued a sweeping decision that expands the definition of "joint employer" for purposes of the National Labor Relations Act (NLRA). Here's what you need to know.
Bit Parts
November 02, 2015
New York Federal Court Dismisses Copyright Plaintiff's Suit Against Former Lawyers<br>Nicollette Sheridan's Retaliation Claim in L.A. Superior Court Needn't First Be Filed with California Labor Commissioner
The Global 100
November 02, 2015
The Global 100 appears to have found its groove. After the turbulence of the financial crisis, which in 2009 caused the world's 100 highest-grossing law firms to collectively suffer their first-ever fall in aggregate fee income, the group has now settled into a pattern of slow, steady growth.
Damages In Design Patent Infringement Cases
November 02, 2015
The successful plaintiff in a design patent infringement case is entitled to recover the greater of the defendant's profits or its own damages, regardless of how the jury desires to apportion the award. Thus, in <i>Nordock, Inc. v. Systems Inc.,</i> the Federal Circuit ordered a new damages trial on the grounds that the amount of defendant's profits assessed by the jury was not supported by the evidence or in accordance with the law.
Designs on Cheerleader Uniforms Can Be Copyrighted
November 02, 2015
When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.
