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Stanley Tools Defends Its Colors, Trade Turf
The DeWALT name made history in the 1990s with the surging popularity of its rugged yellow power tools. As its yellow turned to gold, DeWALT began to jealously guard its trade dress, sending warning letters to perceived competitors, including Stanley Tool Works. After much saber-rattling, Stanley struck first, asking for a declaratory judgment that its use of yellow and black did not infringe DeWALT's intellectual property.Urban Areas Rediscovered, Redeveloped and Recovered
Dana DratchSpecial to the Daily ReportGeorge A. Dusenbury IV is one of the few people in Atlanta who enjoys his morning commute. His secret He rides a bike."I don't have to worry about parking," said Dusenbury, an attorney and district director for Rep. John Lewis, D-Atlanta. "I'm in a good mood when I get to work-as opposed to dealing with traffic.Custodial Parent Can Relocate Even Without a Job Waiting, Judge Says
A divorced parent need not have a job lined up in order to move with her child out of state, a state judge holds in a precedential ruling.How much consolidation is too much in the airline industry?
Unlikely Source May Be Raising Summary Judgment Bar
Steven G. Brody, a partner at Bingham McCutchen, and Gary K. Chow, an associate at the firm, write that although courts and commentators have focused generally on their implications for motions to dismiss, the reasoning underlying the Supreme Court's decisions in Iqbal, Tellabs and Twombly also has affected summary judgment analysis. While the full impact of the decisions has yet to be realized, it appears that Iqbal and Twombly will make it more difficult for plaintiffs to rely on conclusory allegations when confronted with summary judgment motions. Tellabs, if taken to its logical conclusion, should have a profound impact on summary judgment motions in the federal securities law context, with plaintiffs being required to show that the inference of scienter that they attempt to draw from the evidence is at least as compelling as any opposing inference.INADMISSIBLE: Dickstein Email Draws Ire on Hill
Facing a grilling before the House Committee on Oversight and Government Reform last week, former Department of Energy official Jonathan Silver turned to Dickstein Shapiro for help. But the firm's effort on Silver's behalf backfired when committee members directed their ire at the law firm. Plus more in this week's column.Creating a Culture of Compliance
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