Publications
Released in January 2012, the book is intended for attorneys and other insurance professionals. The Handbook on Additional Insureds comprehensively addresses issues relating to additional insureds that concern both insurers and policyholders. Topics addressed include hold harmless and indemnification agreements, the memorialization of additional insured status, the various additional insured endorsements used in the industry, […]
One of the basic principles of franchising is uniformity: consistency in operating procedures, product offerings, and advertising creates the brand recognition and reputation necessary to drive consumers to patronize franchise locations. Similarly, the decision whether to certify a class—the defining moment of virtually all class action cases1—often hinges on whether the named plaintiffs can show […]
Published by Aspatore Books, a Thomson Business
The court found that regardless of the provision that the franchisees purportedly violated, Shred-It had to allege properly a relevant market in order to state a violation of the antitrust laws. After explaining that a relevant market must include a well-defined product market and geographic market, the court evaluated Shred-It’s “merely seven words” devoted to […]
My last column briefly touched upon the role that the National Council of IP Law Associations (“NCIPLA” and its predecessor “NCPLA,” also referred to as “the Council”) played in shaping IP reform legislation, notably the Patent Act of 1952. Formed in 1934, just twelve years after our Association was born, the NCIPLA was envisioned from […]
The concept of summary disposition was first raised by the U.S. Court of Appeals for the D.C. Circuit in U.S. v. Allen, 408 F.2d 1287 (D.C. Cir. 1969). One commentator questioned the benefits of that court’s use of summary disposition and noted — 25 years ago — that the practice had not been “universally embraced” […]
Getting a routine financial-statement audit is not the equivalent of buying an insurance policy. Auditors perform targeted procedures designed to provide reasonable assurance on whether a client’s financial statements are free of a material misstatement, whether caused by error or fraud. A financial-statement audit is not designed to root out fraud. Yet, when fraud or […]
Judge Louis H. Pollak died two weeks ago. The law will remember him as that rarest of birds: a lawyer whose practice challenged and changed our democracy, an academic who led not just one but two of the nation’s leading law schools, and a venerated federal judge. Those of us who knew him will remember […]
The Health Insurance Portability and Accountability Act (HIPAA) has fundamentally changed the health care industry’s privacy and security practices. However, the federal government’s enforcement efforts historically have been complaint-driven and sporadic. As a result, HIPAA-covered entities and business associates typically have failed to make compliance a priority. In fact, in 2008, the federal Department of […]
BAGRAM, AFGHANISTAN “Why did you choose that tattoo?” I ask the young Air Force officer occupying the bunk next to mine. He glances back at the elaborately inked cross on his shoulder blade and the words “Isaiah 6:8” intertwined with the cross. Then he smiles, and in a soft, east Texas drawl quotes Isaiah: “Then […]
The Securities and Exchange Commission was recently handed a significant defeat in SEC v. Heartland Advisors, Inc., when a U.S. District Judge dismissed civil insider-trading charges levied against an adviser and his client. While the decision was itself a damaging setback to the SEC’s ongoing efforts to deter insider-trading, the court added insult to injury […]
THANK YOU CANADA When Canada recently ended its long combat role in Afghanistan, I was reminded of two Canadian nurses, and of a spring day in Germany two years ago. A few of us are standing on the edge of a red sandstone cliff looking through a cold and heavy mist. Just in front and […]
15 Geo. Mas. U. Civil Rts. L.J. 147 (Winter 2004)
As you read this column, my penultimate one as NYIPLA President, our March 25th Judges’ Dinner will have already occurred. For those members who were able to attend, my hope is that you had a pleasant and memorable evening. As an aside, Past President John Pegram observed that all three federal judges honored at the […]
My name is Dale Carlson. I am most pleased to welcome you to this evening’s dinner in my role as NYIPLA President. I am the first President in the NYIPLA’s history to be from a Connecticut law firm. This is a testament to the NYIPLA’s geographical diversity as the largest regional intellectual property law association […]
A patent reform bill is currently pending in Congress (Senate S. 23 and its House counterpart H.R. 1249) titled the “America Invents Act.” The bill proposes radical changes to the existing patent system that would impede innovation. Moreover, the bill contains ambiguous language that tends to confuse the reader, and is likely to confuse users […]
An inventor seeking a U.S. patent must file an application in the U.S. Patent and Trademark Office (USPTO), and then typically waits many months for the application to be examined. Depending on the technology involved, an application in the normal examination queue might wait as long as three years for any action by the USPTO. […]
In a bipartisan vote of 95-5, the U.S. Senate voted last month to pass S. 23, the “America Invents Act,” which includes the most significant changes to patent law in more than 50 years. The House of Representatives recently introduced a first version of its own patent law reform act, H.R. 1249. Although the Senate […]
I. INTRODUCTION Franchising is a very popular distribution method used by a wide variety of businesses. According to a major industry study released in 2004 using data from 2001, all together franchised businesses directly employed almost 10 million people in the United States, representing about 7.5% of all private sector jobs, and were responsible for […]
“This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.” I. IntroductionThe exponential growth in electronic discovery in the recent past has resulted in a […]
Philosopher George Santayana’s sage words: “Those who cannot remember the past are condemned to repeat it,” ring as true today as they must have when he wrote them in 1905. The words aptly apply to the ineptly titled “America Invents Act,” S. 23 and H.R. 1249, currently meandering through Congress.Perhaps President Barack Obama is preparing […]
Lawyers seeking guidance on electronic discovery will find a significant current disparity between Connecticut’s state and federal courts. The Federal Rules of Civil Procedure were amended in 2006 specifically to address e-discovery, and the federal reporters are replete with opinions on nearly every facet of the topic. By contrast, the Connecticut Practice Book does not […]
Reproduced with permission from Antitrust & Trade Regulation Report, 101 ATRR 408, 09/30/2011. Copyright _ 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com. I. IntroductionThe authority of the Federal Trade Commission (‘‘FTC” or ‘‘the Commission”) to prohibit ‘‘unfair or deceptive acts or practices” dates back to the Wheeler-Lea Amendment to the FTC Act […]
Since 1789, federal appellate courts have been statutorily precluded from reviewing certain “matters in abatement.” The current provision, 28 U.S.C. 2105, provides: “There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction.” Few appellate lawyers have heard of […]
The history of the NYIPLA is replete with tongue-twisting acronyms. Back in 1981, the Association’s Bulletin was called the “The New York Patent Law Association Bulletin.” The September 1981 issue was identified as Volume 21, Number 1 – suggesting that the Bulletin of the Association was entering its 21st year of publication then. In 1983, […]
The significant disparity that has existed between Connecticut’s state and federal courts with regard to electronic discovery is about to end. A series of amendments to the Practice Book, and one new section, will become effective Jan. 1, 2012, and mirror in large part the revisions made to the Federal Rules of Civil Procedure in […]
As health care costs continue to rise, and the debate regarding malpractice damages caps and other methods to reduce the cost of medical malpractice insurance continues to rage, attorneys have more incentive than ever to consider alternative ways to reduce litigation costs in complex medical cases. Bifurcation of the liability and damages phases is one […]
We have endeavored to provide periodic updates with regard to disputes involving insurance coverage of BP and others for the Deepwater Horizon Gulf oil spill. In June, we reported that TransOcean’s insurer’s had sued BP challenging BP’s additional insured claims. Insurance Litigation Reporter, Vol. 32, No. 9 (June 18, 2010). In August, we reported that […]
ANTITRUST Toledo Mack Sales & Serv., Inc. v. Mack Trucks, Inc., No. 09-3013, Bus. Franchise Guide (CCH) ¶ 14,412 (3d Cir. July 7, 2010) Distributor Toledo Mack Sales & Service, Inc. (TMSS) appealed a judgment against it after a jury trial with manufacturer Mack Trucks, Inc. (Mack). TMSS had claimed at trial that, among other […]
Large pharmaceutical companies are a favorite target for government enforcement actions, particularly in kickback cases involving alleged inducements to physicians to prescribe certain drugs. The government has made this practice an enforcement priority because it believes that the kickbacks are likely to impair a physician's patient-care decisions and result in artificial inflation of health-care costs. […]