Publications
From time to time over the years, the NYIPLA Board of Directors has contemplated various ways to extend the Association’s reach beyond the existing membership. Illustratively, during the 1991-92 Association year, then-President Peter Saxon requested comment by committee chairs on a Board proposal to admit, as a new class of affiliate or observer members, registered […]
©2013 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Section 5(a)(1) of the Federal […]
Military training in combat life saving can save lives. The men and women who walk outside our forward operating bases in Afghanistan train to save their “battle buddies” if their unit is hit.To view this video, please click
We previously reported on the action commenced by Transocean’s insurers against BP, filed in May 2010, in which Transocean’s insurers challenged BP’s claims as an additional insured under Transocean’s insurance policies. (Insurance Litigation Reporter, Vol. 32, No. 9; Vol. 32, No. 14; Vol. 33, No.1) On November 15, 2011, the U.S. District Court for the […]
A review of the past year’s judicial development in franchise and distribution lawThis book includes extensively researched case law from August 2011 to August 2012. Compiled into an easy-to-use reference, this book will cut timely research out of your day by putting the latest review and analysis on franchise and distribution law at your fingertips.Topics […]
Updating Revision and Editing of Chapter 6, Termination, Nonrenewal and Transfer.
The logo on the first page of each NYIPLA Bulletin attests to the NYIPLA’s birth in 1922. Perhaps you may wonder why it happened then, and not at some earlier or later time. By way of contrast, Chicago’s sister organization, the Intellectual Property Law Association of Chicago, was founded almost four decades sooner in 1884. […]
The question of whether a court may exercise personal jurisdiction over foreign product manufacturers on the basis of introducing goods into the ‘‘stream of commerce” has produced much litigation and confusion since that phrase was introduced in World-Wide Volkswagen Corp. v. Woodson.1 Recently, after two decades of relative silence, the United States Supreme Court attempted […]
The requirement of the Seventh Amendment that “no fact tried by a jury shall be otherwise re-examined” limits what a court can do to reduce a jury’s excessive award of damages. One option, known as a conditional remittitur, is to offer the plaintiff the choice of accepting a reduced damages award in lieu of a […]
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. Most consumer transactions are for small amounts of money.1 Consumers who believe they have been […]
© 2013 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. As appellate courts have […]
You may have noticed that the topic of the recent Presidents’ Forum, “What to do about NPEs: Do We Risk Throwing the Baby Out With the Bath Water,” had a familiar ring about it. The title appears to echo that of a paper by Matthew Dowd that won 1st Prize in our Association’s 2006 Conner […]
On Nov. 15, 2011, the Securities and Exchance Commission reported its newly established whistleblower program has generated hundreds of tips in the first seven weeks of its existence, and that dozens of enforcement actions had been opened. Corporations should take note that the landscape has now shifted significantly, and that a “culture of whistleblowing” is […]
A claim of a U.S. patent is directly infringed only if each of the elements of a patent claim are contained in an accused product or if all of the steps of a claimed method are performed. Indeed, establishing infringement liability, a strict liability determination, is relatively straight forward when one entity comprises all elements […]
Experienced litigators have had to get comfortable with the fact that you cannot pick your judge. Sure, you can narrow the field a little by selecting federal over state court (or vice versa) or, at least in Connecticut, requesting a particular Complex Litigation Docket venue. But, generally, you have to take what you get. In […]
Imagine this: You are seated in the Grand Ballroom of the Waldorf-Astoria at the Judges’ Dinner. After the usual pre-prandial drinks and multi-course meal, you settle in for dessert and what you may have come to expect will be a light-hearted and entertaining speech from the keynote speaker.On this occasion, however, you are destined to […]
I. Introduction In Mark Twain’s 1889 novel, “A Connecticut Yankee in King Arthur’s Court,” the first thing that protagonist Hank Morgan does when he comes to have influence in his medieval kingdom is to establish a patent office. The reason, he declares, is that “a country without a patent office and good patent laws was […]
Do you remember from your high school or college 20th-century literature course the character of Big Brother, the dictator of Oceania, the totalitarian state in George Orwell’s novel Nineteen Eighty-Four? In Oceania the state wields total power, in part by keeping everyone under 24-7-365 surveillance through the use of telescreens and spies, and the population […]
Canadian David Mulligan played golf at the County Club of Montreal back in the 1920s. One day after hitting a poor tee shot, he is said to have re-teed and hit again, calling it a “correction shot.” His friends named the shot after him. Coincidentially, he later became manager at the Waldorf-Astoria. Another Mulligan was […]
The Connecticut Bar Association Professional Ethics Committee recently released an important opinion clarifying the strategic options available to class action defense counsel. For the first time in Connecticut history, the committee stated that defense counsel can directly contact members of a putative class without fearing ethical violations. (CBA Informal Op. 2011-09). Until now, Connecticut offered […]
A writ of mandamus and an interlocutory appeal under 28 U.S.C. 1292(b) provide distinct avenues for seeking immediate appellate review of a district court order. In some circumstances, however, appellate courts have denied mandamus because the petitioner failed to pursue an appeal under § 1292(b). Mandamus is a “drastic and extraordinary” remedy reserved for those […]
“It would be idle to pretend that the line separating permissible from impermissible state regulation is readily discernible in our admiralty jurisprudence, or is indeed even entirely consistent within our admiralty jurisprudence.”[1] I. INTRODUCTIONIt is well recognized that the whole of admiralty law[2] in the United States is derived from a one-phrase grant of power […]
www.competitionpolicyinternational.comCompetition Policy International, Inc. 2012© Copying, reprinting, or distributing this article is forbidden by anyone other than the publisher or author. Robert M. Langer[1] I. INTRODUCTION In 1994, while still with the Connecticut Attorney General’s Office, I wrote a short essay that cautioned antitrust practitioners to beware of state antitrust enforcers and state antitrust law. […]
A quarter century ago, the Hon. Robert W. Sweet answered that question thusly: “It is rather paradoxical that in this most modern area of the law, this organization fosters the spirit, the camaraderie and the fellowship of a simpler day when lawyers rode the circuit, knew and trusted each other. Because you strengthen each other […]
Appropriate limits to punitive damages awards in product liability actions have been the subject of great debate over the past few years. Most of the debate has focused on federal due process limitations in the wake of several important U.S. Supreme Court decisions that struck down large punitive damages awards as unconstitutional. But just as […]
Ordinarily, a party cannot appeal a denial of summary judgment after trial has taken place, unless the arguments were renewed in a motion for judgment as a matter of law under Federal Rule of Civil Procedure 50. A growing majority of appellate courts, however, has carved out an exception to this general rule—allowing appeals of […]
As with all organizations, change for the NYIPLA is an inevitable fact of life. One challenge, however, lies in timing the rate of change at a pace to maximize advantages for the Association and minimize inconvenience to our individual members. The Association has undergone change in recent years as part of a transition from paper […]
Like parents shocked at exposés of their daughters partying for adult television cameras, regulators in 2012 made one disappointing discovery after another about mobile app privacy practices. Industry-wide, whether they are fun games, serious tools or educational resources, mobile apps continue to access, collect and use private data stored on smart devices while customers remain […]
The smoke has barely lifted since Connecticut’s passage of Public Act No. 12-55, “An Act Concerning the Palliative Use of Marijuana,” and the questions continue to pile high. On October 1, 2012, Connecticut became the 17th state to allow the physician authorized use of marijuana for specifically enumerated and “debilitating medical conditions.” Companies failing to […]