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Hedge Funds Word of the Day™ – CFTC
What are the Implications of Alice v. CLS?
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Hedge Funds Word of the Day™ – Derivative
Legal Considerations for Web-Based Start-Ups
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Hedge funds word of the day™ – Big Boy Letter
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Hedge Funds Word of the Day™ – 10b5-1 Plan
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What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
The Supreme Court’s ruling against broadly claimed software patents in Alice Corp. v. CLS Bank leaves many questions on patent eligibility unanswered, which means the controversy and confusion over the scope of patent...more
See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG
Meanwhile, court determines that Henry Rollins never quit the band. ...more
STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO ABSOLUTE POKER: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara, United States Attorney,...more
Often overlooked with the emerging entrepreneurial spirit amongst musicians, are the mundane (but necessary) legal matters associated with managing their own career. Remember, your band is your business. Treating it like your...more
Many businesses fail to recognize that their original website content is valuable intellectual property and fail to take steps to adequately protect that content from being stolen or misused by a competitor. With little cost...more
Originally published in InsideCounsel.com on July 25, 2012.
Introduction - Intellectual property crimes are on the rise because they are highly lucrative and historically there has been little criminal enforcement...more
Follow these ten simple rules to avoid or reduce potential legal liability. ...more
Digital content intermediaries (DCIs) such as YouTube, Facebook, Ebay and others handle vast quantities of digital content uploaded by users, raising questions about their potential secondary liability for copyright...more
Most company executives often focus on setting up businesses in new jurisdictions, expanding an existing business or improving the quality of their goods or services. However, they often overlook the critical need to protect...more
In a recent precedential decision, the Federal Circuit granted mandamus relief and ordered the transfer of a patent case from Delaware, the defendant’s state of incorporation, to the Northern District of California. In re...more
This is Part 2 of a two-part entry setting out some of the basic considerations for startups relating to using non-competition agreements. You can find Part 1 here. This part raises some considerations for you and your lawyer...more
This entry and the next will discuss a fairly difficult question for startups. That is whether to ask co-founders, executives and employees to sign non-competition (or non-compete) agreements with your company. While the next...more
California Business and Professions Code Section 16600 provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” As discussed in...more
In this issue: Bayh-Dole Act Does Not Automatically Vest Title to Federally Funded Inventions in Federal Contractors; 35 U.S.C. § 282 Requires That an Invalidity Defense Be Proved by Clear and Convincing Evidence, but a Jury...more
In This Issue:
Supreme Court Affirms Clear and Convincing Standard of Patent Invalidity Proof; Actual Knowledge an Element of § 271(B) Inducement, but Willful Blindness Will Suffice; Even Under Bayh Dole,...more
Many observers in Massachusetts’ business and legal communities took note of legislative activity in the area of “non-compete agreements” this past session, which concluded on July 31, 2010 with no bills...more
Contracts are legally enforceable when they comply with state law. By definition, contracts are enforceable agreements which people enter so that each party has the reassurance that his or her interests are legally protected....more
If a party to a contract fails to fulfill its obligations as set forth in the contract then the other party may be entitled to damages. However, the amount of damages which may be recovered is dependent upon how fundamental...more
U.S. courts have frequently been called on to rule in disputes over the trade dress of restaurants. This article examines some of the cases that have been decided and discuss how to protect a restaurant's look and feel. ...more
A recent settlement in a biotech merger case may signal a greater willingness by DOJ to accept remedy provisions it previously would have rejected, especially to resolve vertical issues in industries heavily dependent on...more
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