Supreme Court Decides Susan B. Anthony List v. Driehaus
On June 16, 2014, the United States Supreme Court decided Susan B. Anthony List v. Driehaus, No. 13-193, holding that a credible threat of enforcement of a law is sufficient to establish an Article III...
View ArticleData Breach + No Insurance + No Legal Counsel = #Loss
Welcome to the new age! Data breaches are embedded in our lives – there is no escape. The costs to any company to operate a business without cyber liability insurance and legal counsel are...
View Article3 Data Breach Liability and Care Standards to Know Now
Privacy and Cyber Security Litigation (PCS Litigation) has recently experienced extensive growth, particularly when it comes to the liabilities associated with a data breach. PCS Litigation involving...
View ArticleSEC Signals Increased Attention to Cybersecurity Preparedness
As part of its increased attention to cybersecurity preparedness, the U.S. Securities and Exchange Commission's Office of Compliance Inspections and Examination (OCIE) recently announced it will...
View ArticleIKEA översittare: Bully or Baloney?
I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still...
View ArticleRound Two for Snapchat: Agreement with the Maryland Attorney General Settling...
Just a little over a month after settling charges of false promises of disappearing user messages (among other things) with the Federal Trade Commission (“FTC”), mobile app developer Snapchat, Inc....
View ArticleTake Notice! Notice-and-Notice Coming Into Force in January 2015
On June 17, 2014, the Canadian government announced that the “notice-and-notice” provisions contained in the Copyright Act (Canada) will be coming into force in January 2015. (The precise date they...
View ArticleLegal Alert: Internet Tax Freedom Act Extension Clears Congressional Committee
On June 18, the Judiciary Committee of the U.S. House of Representatives voted in favor of H.R. 3086, the Permanent Internet Tax Freedom Act (PITFA) by a vote of 30-4. PITFA permanently extends the...
View Article“May I have your ZIP Code?” Retailers may want to read this….
There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP...
View ArticleWhen It Comes to Net Neutrality, No One’s Neutral
Earlier this month, the Federal Communications Commission voted to open for public debate new rules designed to guarantee an open internet. The FCC’s Democratic chairman boldly proclaimed: “This agency...
View Article"US Supreme Court Reiterates Two-Part Test for Patentability of...
In a unanimous decision issued on June 19, 2014, the U.S. Supreme Court found that patent claims for managing risk in a financial transaction were drawn to an abstract idea that was patent-ineligible...
View ArticleTTAB Cancels REDSKINS Trademark Registrations
In a ruling that has quickly spread throughout social media, the Trademark Trial and Appeal Board (the “Board”) issued an order cancelling six trademark registrations which contain the word REDSKIN...
View Article“Getting to Know You, Getting to Know All About You…” FTC Data Brokers Report...
“You may not know them, but data brokers know you,” Federal Trade Commission (FTC) Chairwoman Edith Ramirez said when she announced the release of the Commission’s newest report on the data broker...
View ArticleU.S. Patent and Trademark Office Orders Cancellation of "REDSKINS" Trademark...
On June 18, 2014, a divided panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of six of the Washington Redskins’ trademark registrations...
View ArticleJudicial Efficiencies and Economy Support Bifurcation of Liability and...
Endo Pharmaceuticals, Inc. v. Actavis, Inc., et al. Case Number: 1:12-cv-08985-TPG (Dkt.55) - Endo brought suit against Actavis, as well as over a dozen other pharmaceutical manufacturers, for...
View ArticleSecured Lender Protection Limited When Bitcoin is Collateral
On June 17, 2014, the U.S. Bankruptcy Court in Dallas granted recognition under chapter 15 of the Bankruptcy Code of the bankruptcy proceeding in Japan of failed bitcoin exchange, Mt Gox. Mt. Gox shut...
View ArticleFederal Circuit Affirms Invalidity of Entecavir Patent As Obvious
We discussed the Bristol-Myers Squibb Co. v. Teva Pharmaceuticals, Inc. in a previous post, in which a Judge Burke of the District of Delaware found the patent for the hepatitis B drug entecavir (the...
View ArticleSupreme Court Invalidates Software Patents Directed to Implementing Abstract...
Yesterday, the U.S. Supreme Court announced its highly anticipated opinion in Alice Corp. Pty. Ltd. v. CLS Services, Inc., No. 13-298. In Alice Corp., the Court upheld an en banc decision of the United...
View ArticleSupreme Court Decides Alice Corp. v. CLS Bank International
On June 19, 2014, the U.S. Supreme Court decided Alice Corp. v. CLS Bank International, No. 13-298, ruling that patent claims covering methods and systems designed to intermediate the exchange of...
View ArticleNYC Restaurant Scene Extends to Newark In Concurrent Use Trademark Case
The matter of Terra Sul Corp. v. Boi Na Braza, Inc. involved a concurrent use proceeding between two restaurants over their nearly identical names. In theory, the scope of the conflict was nationwide,...
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