Tag Archives: Litigation

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Reasonable Expectation of Privacy: Are You Free To Eavesdrop on Pocket Dials?

Most people have experienced a “pocket dial” – be it as the sender or receiver – and some have found themselves in embarrassing situations as a consequence.  But should people reasonably expect that conversations overhead during a “pocket dial” call are private and protected? Should the recipient feel obligated to end the call?  The Sixth …

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Is the SCOTUS Rule of Reason Unreasonable?

“Not too hard, not too soft,” says the Supreme Court in FTC v. Actavis, 133 S. Ct. 2223 (2013).  The majority tries to reach middle ground by rejecting both the FTC’s argument that any reverse payment in settlement of a patent claim is presumptively unlawful and Actavis’ argument that any settlement within the scope of …

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Do’s and Don’ts of Documentation – Employment Litigation

As many of you know, proper documentation is critical in almost every aspect of managing your employees. Documentation is often the difference between a defense verdict and a multi-million dollar jury award. But don’t just document to document – poor documentation is worse than no documentation at all. Instead, document with purpose. Here are my top five do’s …

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Sunlight is the best disinfectant: SEC charges oil company for fraud on EB-5 investors

In a recent action, SEC v. Luca International Group, LLC et al. (“SEC v. Luca“), the Securities and Exchange Commission (SEC) has charged a California-based oil and gas company and its CEO with violations of securities laws in connection with a $68 million Ponzi scheme and affinity fraud. The target of the fraud was the …

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U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to recognize same-sex marriages performed in other states.  The decision comes exactly two years to the day from the Court’s decision …

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Kimble v. Marvel – Supreme Court Sticks With Brulotte Rule on Royalty Payments

In a rather breezy opinion filled with Spiderman puns and references, Justice Kagan, writing for a 6/3 Court, affirmed that Brulotte v. Thys Co., 379 U.S. 29 (1964) controlled the outcome of this dispute over Marvel’s decision to halt royalty payments on a web-slinger toy that it had apparently agreed to make “for as long as …

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Register for the 9th Annual National Institute on E-Discovery – May 15th in New York City

Remaining current is critical to successful litigation. This program is relevant for both in-house and outside counsel who are involved in litigation and the discovery process. E-Discovery is a rapidly evolving field with laws and regulations that are constantly changing.  Attendees of this program will gain practical knowledge that may be implemented immediately in day-to-day operations. …

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May 15th in NYC: Attend the ABA's Ninth Annual National Institute on E-Discovery

Remaining current is critical to successful litigation. This program is relevant for both in-house and outside counsel who are involved in litigation and the discovery process. E-Discovery is a rapidly evolving field with laws and regulations that are constantly changing.  Attendees of this program will gain practical knowledge that may be implemented immediately in day-to-day operations. …

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May 15th in NYC: Attend the ABA’s Ninth Annual National Institute on E-Discovery

Remaining current is critical to successful litigation. This program is relevant for both in-house and outside counsel who are involved in litigation and the discovery process. E-Discovery is a rapidly evolving field with laws and regulations that are constantly changing.  Attendees of this program will gain practical knowledge that may be implemented immediately in day-to-day operations. …

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B&B Hardware, Inc. v. Hargis Industries, Inc.: Trademark Litigation Might Get Simpler

Trademark litigation includes two similar types of proceedings. First, and most common, issues of trademark infringement and cancellation of a mark may be raised in a trial (i.e., a traditional fight in either State Court or Federal District Court before a judge or jury involving oral testimony). Second, and less common, issues of trademark registration …

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