The IP Exclusion: The Elephant in the Room
August 30, 2012
So-called Intellectual Property exclusions in commercial general liability ("GL") insurance policies have received relatively little attention from the courts. However, the ubiquity of new advertising technologies, recent appellate decisions confirming GL "personal and advertising injury" coverage for patent claims, and new claims that policyholders are facing for alleged electronic invasions of privacy may well turn the IP exclusion into the proverbial "elephant in the room.
When Technology Meets Process
August 30, 2012
Applying technology to an inefficient process will give you a net gain of zero. Throwing technology at a problem without first looking at the process will rarely fix it. In fact, it may exacerbate the problem by adding another layer of complexity to existing process challenges.
Pay-for-Delay Contracts
August 30, 2012
The Third Circuit has determined that, when a patent-holding drug manufacturer makes payments to potential generic competitors to keep them out of the marketplace, that fact alone serves as <i>prima facie</i> evidence of violation of U.S. antitrust laws.
Technological Advancements in e-Discovery
August 30, 2012
Even as the e-discovery market matures, we continue to see change driven by shifting economic conditions, the proliferation of data sources such as social media and cloud computing, and evolving legal standards. In response to these challenges, e-discovery vendors are developing solutions that are poised to shape the direction of the market. As legal and IT professionals, it is our duty to keep up with the ever-changing landscape of e-discovery technologies.
Is There a Proctor in the House?
August 30, 2012
Proctoring by experienced surgeons is a common and increasingly frequent method to credential surgeons for hospital privileges or those who are new to laproscopic or robotic procedures. But what are the legal pitfalls?
<i>FTC v. Google</i>: Lessons Learned
August 30, 2012
Twice in less than 12 months, the Federal Trade Commission (FTC) has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made on its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
Porn Ruling Could Spell Trouble for ICANN
August 30, 2012
A case pitting adult entertainment companies against the gatekeepers of Internet domain names cleared a key hurdle when a federal judge in Los Angeles largely allowed antitrust claims over the controversial .xxx domain to go forward.
