Publications
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 […]
© 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. Long-term requirements contracts are […]
During the very same week in which the trial of the multibillion dollar claims by the U.S. Government and private parties against BP and the other parties involved with the Deepwater Horizon drilling rig was just getting under way in Federal Court in New Orleans, the Fifth Circuit Court of Appeals was putting the finishing […]
In almost every white-collar case, questions arise about the attorney-client privilege and work-product doctrine. Issues concerning the identity of the client, the holder of the privilege, and whether representation of multiple clients is proper are often present at the very start, and the fluid nature and complexity of most white-collar investigations often complicate efforts to […]
In summing up the America Invents Act (“AIA”) in as few words as possible, GWU Law’s Professor Hal Wegner put it thusly: “It’s bad law, but it’s the law. Get over it.” A recent practitioner survey cited by the Patently-O blog suggested that fully seventy percent of patent practitioners surveyed agree with Prof. Wegner’s assertion […]
More than a year ago, on September 23, 2010, the Centers for Medicare & Medicaid Services (CMS) published the Self-Referral Disclosure Protocol (SRDP) that it developed in response to the Patient Protection and Affordable Care Act (PPACA) mandate that the U.S. Department of Health and Human Services (HHS) establish a protocol for the disclosure and […]
Sir, In respect to “Parameters shift in online piracy battle” (January 24) it may be helpful to bear in mind an observation by Daniel Defoe writing in November 1709 of the MegaUploads of his day, the London printers of Black-Fryars who regularly reproduced a writer’s authorised work within days of its being printed by an […]
This article marks our third annual round-up of Second Circuit decisions emanating from the District of Connecticut. As in previous years, beyond geography, the process for case selection was purely subjective and reflects our view of cases we thought would be of interest to Connecticut’s civil and criminal federal practitioners. Before turning to the decisions, […]
A threshold question in U.S. patent law is, “Whether the subject matter of a claim in a pending patent application or issued patent is directed to patentable subject matter?” Just a few years ago the answer to that question seemed simple, “Yes, if the claimed subject matter came from the ‘hand of man.’” However, recent […]
NRS 16th Annual Fall Investment Adviser & Broker-Dealer Compliance Conference
28th Annual Rocky Mountain State-Federal-Provincial Securities ConferenceDenver, Colorado
28th Annual Rocky Mountain State-Federal-Provincial Securities ConferenceDenver, Colorado
NSR 2nd Annual Conference on Suitability for Traditional and Online Brokers
The words “Auction Today” draw me in every time. That fall day a few months ago was no different. I parked in a gravel-strewn parking lot alongside an old, brick industrial building converted into an auction house. The auction was to start in fifteen minutes. With little time to look for possible treasure, I walked […]
THE VOLUNTEER “Why did you choose that tattoo?” I ask the young officer occupying the bunk next to mine. He glances back at the elaborately inked cross on his shoulder blade and the phrase “Isaiah 6:8” intertwined with the cross. Then he smiles, and in a soft, east Texas drawl quotes Isaiah: “Then I heard […]
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 […]