Inside Insights

  • Evaluating and managing litigation risk

    One of the key duties of legal departments is evaluating and managing risk, particularly around litigation funding. Yet when it comes to litigation, many in-house counsel lack the tools to perform these functions. Fortunately, there are a growing number of resources, technologies and methodologies to help in-house counsel and their...

  • The future of preemption

    For FDA (Food and Drug Administration)-regulated companies, federal preemption can provide a potentially powerful defense to state tort claims. In recent years, the U.S. Supreme Court has decided numerous preemption cases, each emphasizing the highly context-sensitive nature of the inquiry. Determining when preemption applies and how to deploy it to...

  • What general counsel should know when a company's tenant files for bankruptcy

    Your tenant files for bankruptcy- what’s your move? Debtors who are lessees under real property leases have certain rights regarding their lease under § 365 of the Bankruptcy Code. Essentially, the debtor has two options: 1) reject the lease or 2) assume the lease, provided that the debtor can...

  • Confused? Just the Carfax, ma'am!

    In May, in a non-precedential ruling in Carfax, Inc. v. American Automobile Association, Inc., Cancellation No. 92056568 (May 7, 2015), the Trademark Trial and Appeal Board (TTAB) at the United States Patent and Trademark Office (USPTO) granted a petition for cancellation of the American Automobile Association’s registration for the mark...

  • Trade secrets and the AIA: The practical considerations of establishing prior user rights by clear and convincing evidence

    The doctrine of prior user rights as expanded under the America Invents Act (AIA) amendments to 35 U.S.C. § 273 provides entities a safe haven from patent infringement for certain internal commercial uses that are the subject of another’s later patent filing. This doctrine offers an additional defense to entities...

  • Without intellectual property, everything is free to copy

    If you fail to obtain proper intellectual property protection your invention then falls into the general rule of “free to copy,” in which case you may be relegated to bottom feeding, competing primarily on price, or trying to replicate others’ inventions without running afoul of their intellectual property rights.

  • Advice for directors and officers of distressed corporations—Part 2

    This is the second in a series of four articles that provide a basic understanding of the issues directors and officers are likely to confront. While the first article focused on fiduciary duties, this one explores corporate governance under Delaware law, as many companies are organized in Delaware and many...

  • Cybersecurity: The energy industry case

    The energy sector's method of preparing for cyber threats and promoting appropriate regulation is instructive in planning for the inevitable "cyber regulation" of other industries such as manufacturing, transportation, and communications. This article discusses the "lessons learned" from the energy sector and helps explain how those lessons could apply to...

  • Fortify your FLSA defenses amid 'perfect storm' of enforcement

    The Fair Labor Standards Act (FLSA) has long been one of the most pressing, pervasive and easily botched legal challenges for employers of all kinds. The law, which encompasses sensitive issues from overtime pay to ensuring breaks for nursing mothers and automatic deductions, is easily violated – and a series...

  • Spider-Man and the tangled web of the Kimble v. Marvel decision

    How did the inventor of such a popular plaything end up in a 20-year battle against Marvel and its universe of superheroes? And why did the Supreme Court choose not to stick up for the “little guy” in this one-sided fight? Well, the story might not be as exciting and...

Next »

Advertisement. Closing in 15 seconds.