Practice Tip: Intelligent Cars
November 30, 2014
Recent technological advances are allowing the car industry to consider a shift away from the need for a driver because of increasingly intelligent and connected vehicles. This article briefly surveys the major legal challenges likely to be faced during this evolution in several key areas
Legal Presumptions of Consumer Confusion and Injury in Lanham Act Cases
November 30, 2014
The United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence" and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act. <i>Merck Eprova AG v. Gnosis S.p.A.</i>
Analyzing Advertiser Liability for Blogger Reviews
November 30, 2014
This holiday shopping season, millions of Americans will look to their social media friends or favorite bloggers for advice when deciding which gifts to buy. And with over 42 million blog sites in the United States alone, there are plenty of "peer" opinions to consider. But are consumer-generated product-related reviews or commentary always the mere opinion of the person posting them, as many readers may believe?
Case Notes
November 30, 2014
In a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a clinical trial based on the allegedly inadequate warnings the clinical trial investigator provided to patients in obtaining their informed consent to the trial.
Verdicts
November 30, 2014
In-depth analysis of litigation involving a clinical trial ruling.
What Constitutes 'A Sale' and 'an Offer to Sell'?
November 30, 2014
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
How to Approach a Law Firm Merger/Acquisition
November 30, 2014
Many law firms ' of all sizes and types ' believe that their future organizational and financial security is linked to growth and/or diversification. They are seeking the lateral addition of experienced lawyers through the acquisition and merger of practices. These firms are seeking to anticipate trends of their clients and in legal practice.
Drug & Device News
November 30, 2014
Several topics of interest to med mal practitioners are discussed.
The Internet of (Legal) Things
November 30, 2014
Technology research firms such as Gartner predict that, in five to 10 years, the number of smart devices will balloon to more than 26 billion. Welcome to the "Internet of Things" (IoT) ' the web of embedded computing devices that interact with our everyday lives.
New Trends for Managing Privilege In e-Discovery
November 30, 2014
As any corporation or law firm will attest, the cost of litigation continues to rise and with it the need to identify efficient solutions while maintaining transparency and defensibility. Document review, specifically, has long burdened litigation budgets; however, recent trends in the acceptance of technology integration and more advanced managed review workflows is taking root in the legal landscape.
