From The Experts

Rethinking Defense in 'Patent Troll' Cases

Whether your company's goal in a "patent troll" case is to obtain a fair settlement or to go to trial, lowering the cost of defense will help your company fend off the trolls.

7 Steps to Enhance Post-Employment Restrictive Covenants

Employers often enter into post-employment non-compete agreements only to find that when the employees leave, the restrictive covenants are not enforceable or do not provide sufficient value to the company.

Policyholders Beware of Restrictions on Insurance Coverage Rights

What businesses do not know about their insurance policies can hurt them. Increasingly, insurers are requiring arbitration, restricting venues for hearing cases, or specifying which laws can be applied, all designed to give insurers an advantage when resolving disputes.

Using BITs to Protect a Company's Foreign Assets

When foreign investments go south, companies may have the ability to seek relief under bilateral investment treaties, agreements between two countries that establish terms and conditions for businesses to invest their capital in each country, and typically offer a number of guaranteed protections.

Bankruptcy Buyers Beware

Section 363 asset purchases offer opportunities—but you have to know what you're doing.

5 Reasons to Use Focus Groups in Jury Research

Law school prepares attorneys for many things, but thinking like an average juror is not among them. Understanding how jurors will evaluate the facts and legal issues in your case is mission-critical information.

Specialized Appellate Counsel: An Invaluable Asset

Specialized appellate lawyers can play a crucial role at the trial and appellate levels, and their unique perspectives and specialized advocacy skills make them an asset to any litigation team.

Proving Obviousness in Patent Cases

Proving obviousness in patent litigation requires proof. Careful litigants form their obviousness theories early in the case and develop the factual record to support those theories.

Follow-On Shareholder Suits After CFPB Settlements

Consumer Financial Protection Bureau regulation, supervision, and enforcement carries with it potentially significant private litigation exposure, including for officers and directors, in the form of follow-on litigation.