Inside Insights

  • Criminalizing the second oldest profession, part 1: Foreign Corrupt Practices Act (FCPA)

    The demand for bribes from politicians and the attendant temptation to succumb to those demands has been an ever-present reality for businesses since antiquity. As observed by former President Ronald Reagan: “It has been said that politics is the second oldest profession.” For centuries, bribing public officials has been a...

  • Inter partes review has been incredibly successful, so why is the patent office making changes?

    If your company has been sued recently for patent infringement, then you have undoubtedly investigated the possibility of challenging the asserted patents in an Inter Partes Review (IPR). IPR is one of several new procedures available in the U.S. Patent and Trademark Office (USPTO), which allow for a “post-grant” attack...

  • When evidence isn't, fame is fleeting

    In, Inc. v. J. Becker Management, Opposition No. 91203624, the board concluded that Mattress Overstock was not confusingly similar to for online wholesale and retail store services featuring general consumer merchandise, including furniture, linens, and pillows.

  • How to become an internal e-discovery expert

    E-discovery is particularly ripe for specialization. Surveys suggest that “e-discovery costs alone can account for as much as 90 percent of litigation costs” and a similarly high percentage of time spent. Moreover, the volume of data for all case types is growing, making e-discovery platforms indispensable.

  • 5 Traits of Lawyers going beyond pure counseling

    This is somewhat a paradox: lawyers usually have already mastered the theoretical abilities to understand a plethora of fields apart from regulatory, as part of their formative years: economics, social relations, logics, philosophy. Yet, most lawyers fail at using their creativity in order to provide more than average advice.

  • Understanding the defenses and tactics in a patent case

    The Supreme Court with its Alice Corp. decision recently expanded challenges to patents based upon the theory that the subject matter of the patent is an abstract idea and not patent eligible under 35 USC § 101. It is the, “You can’t get a patent on that!” defense. ...

  • The ethics of a lawyer's use of marijuana

    Various states have legalized the use marijuana; many for medicinal purposes, and a few for recreational use. The cultivation, possession, transportation, or use of marijuana remains illegal under federal law, which raises multiple ethical issues for lawyers. 21 U.S.C. § 811. The Supremacy Clause of the U.S. Constitution unambiguously provides...

  • Cybersecurity litigation: The tip of the iceberg, part two: Regulation and legislation

    Late July through mid-August 2015 brought three hacks that may signal increasing regulator involvement in cybersecurity: the first automobile recall based on cybersecurity vulnerabilities (FCA US LLC’s recall of 1.4 million vehicles); the U.S. Food and Drug Administration’s instruction that hospitals cease using the Hospira pump, a computerized system for...

  • Finding the right litigation funding company to manage risk, monetize claims

    Imagine if the risk of litigation could be quantified and the benefits monetized. For in-house counsel, that reality is finally here. By teaming up with a knowledgeable litigation funding company, in-house counsel and their clients can achieve those objectives, and more.

  • Using environmental insurance in deals with environmental risk

    In transactions involving property that is or may be contaminated, the environmental questions typically boil down to 1) Is this property contaminated, and if so, how contaminated? 2) What will it cost to clean up this site to appropriate levels? and 3) Which party will be liable for these costs...

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