The Legal Intelligencer | Commentary
By Dianne Elderkin, Jonathan Underwood and Andrew Schwerin | May 11, 2018
How should a court determine whether a patent claim is invalid for obviousness? Recent Federal Circuit decisions reveal that judges answer that question principally in two different ways, and that the difference matters to the outcome of the inquiry.
By Marcia Coyle | May 11, 2018
A "spoofing" challenge under Dodd-Frank. GM fights a damages-only retrial. Guns are back. These are some of the cases and issues we're watching for any action at the Supreme Court from its latest conference.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kate A. Mahoney | May 10, 2018
A designation of “insider” status can impact a wide range of issues within a bankruptcy proceeding and sometimes change the outcome of the case. For example, the preference clawback period is deemed extended to one year for any payments or other transfers made by a debtor to an insider
By Charles S. Marion | May 8, 2018
During the last few years, there has been an explosion in the number of lawsuits being filed claiming that a business' website violates the Americans with Disabilities Act (ADA).
The Legal Intelligencer | Commentary
By Stephen A. Miller and Isaac A. Binkovitz | May 7, 2018
In the United States, antitrust law strives to eliminate price-fixing affecting the U.S. market. That price-fixing activity sometimes occurs outside the United States, and some defendants ensnared in antitrust inquiries have invoked a plausible defense that can be summarized as: A foreign government made me do it!
The Legal Intelligencer | Commentary
By Angela D. Giampolo | May 4, 2018
Much of our focus on LGBTQ rights centers at the federal level because those decisions impact the entire United States, but there are many ongoing battles in a multitude of states that concern LGBTQ equality.
The Legal Intelligencer | Commentary
By Anthony S. Volpe and Harry Vartanian | May 1, 2018
The U.S. Supreme Court's June 2014 landmark decision Alice v. CLS Bank International altered the course and viability of software patents in the United States and continues to cause uncertainty over the eligibility of software for patent protection.
The Legal Intelligencer | Commentary
By Lawrence E. Ashery | April 24, 2018
The U.S. Supreme Court has rarely addressed the issue of patent damages, but a case currently before the court has the potential to create significant changes in this area of the law.
The Legal Intelligencer | Commentary
By Patricia C. Collins | April 23, 2018
The U.S. Supreme Court's decision in Encino Motorcars v. Navarro interprets a very specific exemption to the overtime rules imposed by the Fair Labor Standards Act, 29 U.S.C. 201, et seq. (FLSA), but the court's language and reasoning have game-changing ramifications.
By Marcia Coyle | April 17, 2018
"I'm concerned about the many unanswered questions that overturning precedents will create," Justice Sonia Sotomayor said at one point during the argument Tuesday.
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