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Federal Circuit Affirms Third-Party Patent Challenges
Publication Date: 2008-08-25
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'Bad Boy' Dispute Brewing over Hotel Chain Bankruptcy
Publication Date: 2009-08-18
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The day after hotel chain Extended Stay filed for bankruptcy, its lenders sued the company's chairman for $100 million for allegedly violating "bad boy" guaranty provisions. Extended Stay's lawyers at Kasowitz Benson say the plaintiffs are looking for leverage in the company's reorganization. Motives aside, the suit could clarify the limits of liability under so-called bad boy provisions.

July 01, 2008 |

THE A-LIST 2008: 51-200

24 minute read
California Supreme Court Eliminates Key Antitrust Defense; Pharma Companies to Face Price-Fixing Suit by Pharmacies
Publication Date: 2010-07-13
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For more than 40 years, California was out of synch with the U.S. Supreme Court, permitting defendants in state antitrust actions to argue that direct purchasers suffered no harm because they passed price increases on to consumers. With a ruling Monday that eliminates the pass-through defense, California's now in step with the federal courts.

Appeals Court Decision Spells End to Gift Card Patent Litigation
Publication Date: 2009-05-01
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In a potentially ruinous suit for the gift card industry, a company called Every Penny Counts claimed that all gift cards violated its patents on technology for transferring "excess cash." The Federal Circuit thought differently.

October 11, 2007 |

Associates Class of 2007

The Law Journal's eighth annual magazine devoted to new associates at New Jersey law firms.
100 minute read
January 21, 2005 |

Federal Appeals Courts May Now Hold Key to Sentencing

In the post-Booker/Fanfan world of federal sentencing -- however long that world survives -- the key to whether the federal sentencing guidelines retain any real effect for defendants and prosecutors may now rest with the federal appellate courts, say scholars and litigators. The Supreme Court's remarkable sentencing ruling last week essentially did three things.
9 minute read
Litigator of the Week: Alan Fisch of Fisch Hoffman Sigler
Publication Date: 2013-07-03
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It took a federal jury in Marshall, Tex., just 75 minutes to return a verdict that the Gap Inc. doesn't infringe on patents related to gift cards. For Alan Fisch it was his fourth defense verdict in the Eastern District of Texas.

September 17, 2001 |

Selective Execution

Twenty-five years after the U.S. Supreme Court reinstated capital punishment on the premise that "guided discretion" statutes would prevent the sentence from being arbitrarily enforced, the situation persists for a reason not addressed by guided discretion: The penalty is locally enforced. There isn't one death penalty in this country, but thousands, each as idiosyncratic as its jurisdiction. Witness Danville, Va., aka "Death City, USA."
24 minute read

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