Publications

A longstanding issue in patent law concerns the adequacy of the teachings of an English abstract of a prior art document that is in a foreign language vis-à-vis the full teachings contained in the original document. Assuming that an abstract is by its very nature an inadequate instrument for reflecting the spectrum of teachings afforded […]

A quarter-century after one of our co-authors explored the need for, and value to society of, the best mode disclosure requirement in patent practice, the authors are now revisiting the subject. During the intervening years, there have been significant changes in how business is conducted, notably in favor of an increased volume of global business […]

As I write this Editor’s Note, record low temperatures have raised the specter of load shedding in New England. The Aug. 14, 2003 blackout in the Northeast was painful, but one shivers (literally and figuratively) at the consequences of a blackout in the winter. This issue features a compendium of the resources now available on […]

Where one manager terminates a Title VII claimant and another manager selects her replacement, a female plaintiff can meet the burden of establishing a prima facie case of sex discrimination even if her position was filled by another woman, so held the U.S. Court of Appeals for the Fourth Circuit in Miles v. Dell, Inc.

Opposition to electric transmission line projects designed to upgrade the nation’s infrastructure can come from a number of sources: the host municipality, adjacent municipalities, the state’s executive branch, the legislative branch, commercial entities, ad hoc or long-standing environmental groups, and/or organized citizen groups. The issues raised can require expertise in an array of thorny legal […]

Amidst his fascinating keynote presentation at our Association’s annual dinner meeting held this year at the University Club on May 21st, Professor Hugh Hansen issued a wake-up call to the gathered crowd.

Insurance companies are large businesses,accustomed to state licensing requirements and regulation and known to state regulators and federal authorities. For 35 years,neither the states nor the Federal Trade Commission have sought compliance by insurance companies with state franchise laws or the Federal Trade Commission Franchise Rule.

Recent developments in the U.S. patent law, spurred in part by the growing market potential of the Internet, have widened the application of business method patents. In 1998, in State Street Bank & Trust Co. v. Signature Financial Group, the Federal Circuit dispelled a long-standing misconception that business methods were mere abstract ideas and thus […]

Imagine this: you are sitting in on a luncheon keynote presentation by Federal Circuit Judge Pauline Newman while looking out a window of the massive conference room. You see another court, this one a tennis court, circumscribed by a golf course.

WHEN JOEL I. KLEIN, the Justice Department’s antitrust chief, hired famed litigator David Boies to handle the trial of landmark antitrust charges against Microsoft Corp., he made no secret of it.

Should we adopt a radical reform provision called “patent opposition” included in bills pending in both the House and Senate? The recent experience of three Asian countries that have implemented, and subsequently abolished, patent opposition systems signals a resounding “No.”

A sharply divided Ohio Supreme Court has held that continued at-will employment is sufficient consideration to support enforcement of a noncompetition agreement.

As every lawyer knows, judges are expected to disqualify themselves whenever their “impartiality might reasonably be questioned.” 28 U.S.C. 455(a). There is, however, an exception to the ordinary recusal requirements, known as “the rule of necessity,” which allows judges to hear a case in which virtually all other available judges would have the same disqualifying […]

For Connecticut trial lawyers and appellate practitioners alike, understanding and keeping pace with the myriad variations between the federal and state appellate rules and procedures can be a daunting—but vital—task. How much time one has to appeal, when that time begins to run, and what is appealable, for example, differs depending on whether you are […]

It is common practice for businesses, ranging from credit card issuers to cable television providers, to impose late fees on consumers who fail to pay for goods and services in a timely fashion. Over the past several years, however, consumers have attacked such fees under various consumer protection laws, particularly those imposed on cable television […]

Darwin’s theory of natural selection posits that as environmental conditions change, species adapt by the survival and proliferation of those that have the most favorable characteristics for the given conditions. Through the slow process of inherited characteristics and natural selection, species evolve over generations.

The summer 2003 issue of Infrastructure was organized and primarily edited by David Hardy, a partner at McDermott, Will & Emery in New York and a vice chair of the Section’s Newsletter Committee. As you will see, David has done a great job in forcusing this issue on bankruptcy developments.

When the Connecticut Siting Council granted a certificate of environmental compatibility and public need approving the Cross-Sound cable in January 2002, it determined that the project would provide a public benefit and would not have an environmental impact constituting “sufficient reason to deny the application.” The 330-MW transmission cable was installed beneath the seabed of […]

Like the end of any relationship, the termination of a franchise can be an ordeal. In some instances, franchisors may unwittingly complicate the process by failing to safeguard their own rights or by violating statutory protections afforded to the franchisee. In franchising, the best-laid plans for termination are laid early and consider issues related to […]

In a recent public talk, Mary Jo White, former U.S. Attorney for the Southern District of New York, lamented that waiver of corporate privilege has become a litmus test for whether a company is cooperating with an investigation. Her lament is apt. Federal prosecutors increasingly demand waiver of attorney-client privilege and work product protection at […]

“This narrow isthmus ‘twixt two boundless seas,The past, the future, —two eternities!”Thomas Moore [1780-1852] Two classic American ideals, innovation and competition, have provided the foundation for two important areas of law, namely intellectual property and antitrust, respectively. These two areas, while purporting to foster the same worthy goal of maximum economic efficiency, often collide by […]

Intellectual property may well be a franchise system’s most important asset. The forms of intellectual property most commonly involved in franchising are trademarks, service marks, trade dress, copyrights, patents, and trade secrets. Franchisors rely on the different forms of intellectual property to varying degrees depending on the specific nature of their businesses, and the success […]

Ingrained in our legal system is “freedom of contract,” a concept originating in the late eighteenth and early nineteenth centuries and “based upon the natural law principle that it is ‘natural’ for parties to perform their bargains or pacts.” In tension with freedom of contract stands the equitable doctrine of unconscionability, which has been around, […]

Linda Randell, current chair of Infrastructure, the newsletter of the ABA Section of Public Utility, Communications and Transportation Law, and chair of the Utilities and Regulated Industries Department at Wiggin & Dana, would like to announce her first issue as editor-in-chief. Articles in the issue include: FERC’s new approach to market power Section chair’s column […]

Over the last fifteen years, franchisee associations have become a mainstay of the franchise community. Much like the development of labor unions in this country, franchise systems have witnessed the development and rise of franchisee associations as a powerful vehicle of franchisee representation and negotiation. While large franchise systems have co-existed with franchisee associations for […]

On Oct. 1, the U.S. Supreme Court will hear its first arguments of the term. Chances are, you won’t see it. The arguments won’t be broadcast on television or the Internet. But if you’re arguing a state supreme court appeal, there’s a decent chance you’ll find yourself on TV, as states are increasingly allowing electronic […]

As we close out this issue of Infrastructure, we are three months removed from the summer blackout, which served as a reminder that while much of our time is spent on financial and fiduciary issues, the industries in which we work are still premised on physical production and delivery. For that reason, the article on […]

Under Alaska’s constitution, the government cannot deny employment-related benefits to domestic partners of gay and lesbian state employees and retirees, while providing such benefits to the spouses of state employees and retirees, according to the Alaska Supreme Court’s ruling in Alaska Civil Liberties Union v. State of Alaska.

The current war against terrorism and post-war involvement with Iraq warrants a quick review of the recently enacted Service Members Civil Relief Act, 50 U.S.C. App. 501, Pub. L. No. 108-189,117 Stat.2835 ( effective Dec. 19,2003). This Act is a restatement, clarification and revision of the Soldiers’ and Sailors’ Civil Relief Act of 1940 , […]

Roughly half of all leading franchisors’ franchise agreements require arbitration of disputes. One of the primary reasons that franchisors choose arbitration is the perception that arbitration awards are typically more rational than jury verdicts, and less likely to produce grossly excessive recoveries for franchisees. Arbitration has also been viewed as an effective risk management tool […]