Cloud-Computing Agreements
June 02, 2015
Strong agreements are essential for any cloud service that supports critical IT systems. While the circumstances of each cloud implementation are different, this article provides an overview of key areas that need to be considered for any agreement to acquire cloud-based services.
Second Circuit Allows Facebook Posts As Evidence
June 02, 2015
Introducing a rap video and images of tattoos from a defendant's Facebook page as evidence in a drug-and-murder gang prosecution did not violate the rights of the accused, a federal appeals court held in May.
'Operating Interests,' 'Working Interests,' 'Production Payments' and 'Overriding' Royalty Interests
June 02, 2015
The recent decline in oil prices and the historically low and stagnant natural gas prices are causing various parties in the oil and gas industries to seek bankruptcy protection. As a result, bankruptcy judges must apply specialized Bankruptcy Code provisions and varying other applicable non-bankruptcy laws to determine the rights of debtor and non-debtor parties to such agreements as those providing Overriding Royalty Interests (ORRI) and Net Operating Interests (NOI).
GA Court: New Expert Can Be Substituted In, Even at Late Date
June 02, 2015
What happens to the plaintiff who learns late in the lawsuit process that his expert is not up to snuff? The Supreme Court of Georgia recently clarified the answer to this question for one set of plaintiffs whose originally proferred expert was deemed ineligible to offer a valid opinion.
Using a Service Mark In Commerce
June 02, 2015
The Federal Circuit has now ruled that advertising a service that the applicant intends to provide in the future, but is not actually providing on the date of the application, is not "use in commerce." Thus, advertising submitted to the USPTO with a use-based application as a specimen of use of the mark in commerce, must relate to existing services already being provided to customers.
Chapter 9 Cases with Debtors Other Than Cities, Counties and Towns
June 02, 2015
Over the past several years, Chapter 9 has been the subject of unprecedented attention, both within the bankruptcy bar and among the public at large. This surge in interest is attributable to a number of high-profile Chapter 9 cases filed recently by cities, counties, and towns throughout the country.
Navigating the Minefield of U.S. Export Control
June 02, 2015
While the export control regulatory framework can present a dizzying array of requirements for exporters, companies also risk being held responsible for the activities of others, including those abroad who trans-ship their products to destinations embargoed by the United States, or in violation of U.S. licensing or regulatory requirements.
IP News
June 02, 2015
Federal Circuit to Decide On First Amendment Constitutionality of Barring Disparaging Trademark Registration<br>Federal Circuit: The PTO's Refusal to Terminate IPR Proceedings Is Not a 'Final Agency Action'