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October 24, 2006 |

'Rambus' Ruling Is a Standards Landmark

The Federal Trade Commission's recent decision in the case of semiconductor maker Rambus may have restored the value of the good-faith promise among high-tech competitors. For the first time, the FTC found a company liable for an antitrust violation because it used its patents to subvert the process used by companies to set industry standards for products. The decision was a victory for standard-setting groups, which are critical to the high-tech industry, but may open the door to potential new litigation.
7 minute read
October 20, 2011 |

As Lateral Losses Mount, McDermott Leaders Focus on Growth

More than two years into its current management regime, McDermott Will Emery has seen at least 38 partners-including several practice group leaders-leave in 2011.The latest defectors: Stephen Shahida, the head of the firm's IP litigation group in Washington, D.C., who joined Weil, Gotshal Manges on Monday, and Gary Moss, the head of the IP practice in London, who is leaving for British IP boutique EIP.
12 minute read
September 11, 2012 |

Local Counsel and Adhering to Local Rules and Customs

Eastern District Local Civil Rule 83.5.2 requires any attorney who is not a member of the U.S. District Court for the Eastern District of Pennsylvania bar to hire as associate counsel (local counsel) a member of the Eastern District bar to appear as counsel of record on all pleadings.
10 minute read
July 26, 1999 |

The Risks of Using Informers in Cases of Employee Wrongdoing

A company that suspects wrongdoing by a current or former employee, or is defending itself against a lawsuit, is faced with several difficult decisions -- foremost of which is how to protect the company and expose the wrongdoer. The safest decision may be to hire a professional investigator. If the company chooses to hire a non-professional informer instead, just how dangerous is that option? A recent lawsuit against Morgan Stanley Dean Witter & Co. illustrates the issues.
12 minute read
May 09, 2011 |

ITC has become a more attractive forum for nonpracticing entities

In order to have standing, they need to show a licensing program that will likely establish a domestic industry; litigation expenses are not enough.
7 minute read
April 10, 2006 |

17-Year-Old Trespassers May Use Attractive Nuisance Argument

Although the attractive nuisance theory of liability is most often applied to young children who suffer injuries while trespassing, a federal judge has ruled that it may also be used by two 17-year-old boys who suffered serious burns from catenary wires when they climbed atop a parked railroad car.
5 minute read
April 27, 2011 |

Shareholder Brings Derivative Suit Against Berhkshire Hathaway officers and directors

A shareholder derivative suit has been filed in the Delaware Court of Chancery against the board of Berkshire Hathaway Inc. and its chairman and CEO, Warren E. Buffett, in the aftermath of insider trading allegations that have engulfed David L. Sokol, a former top lieutenant of Buffett's.
6 minute read
November 02, 2007 |

Intellectual Property Litigation

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that no user of the Internet can fail to notice the wide availability of thousands of audio and video clips uploaded each day by individuals. A good deal of this material derives from the public domain or was created from scratch by the individual uploader. Much of it, however, appropriates copyrighted material.
10 minute read

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