Business Organization Intellectual Property Civil Remedies

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Derivative Action Stayed Pending $228.9M Appeal

When a company receives an adverse judgment holding it responsible for hundreds of millions in damages, shareholder derivative suits often follow. A typical claim is that had the board exercised proper oversight, the company...more

What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur? [Video]

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

SST Records, Inc. (Ginn) v. Henry Rollins [Black Flag trademark case]

Complaint for Trademark Infringement and related claims

See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG Meanwhile, court determines that Henry Rollins never quit the band. ...more

US v. Pokerstars, et. al. (Absolute Poker)


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

Your Band is Your Business

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

Think About Copyright Registration for That New Website Before You Even Hire the Web Developer

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

Washington’s Increased Counterfeiting Prosecutions May Signal It’s Time to Reconsider Your Company’s IP Enforcement Strategy

Originally published in 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

Ten Simple Legal Rules for Business Owners

Follow these ten simple rules to avoid or reduce potential legal liability. ...more

Angel Investors: Secondary Liability for DCI Copyright Infringement

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

Protecting Your Trademark in the UAE

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

"Delaware Corporations May Be Able to Transfer Patent Cases Out of Delaware District Court More Easily"

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

Non-Competition Agreements: What to Discuss with Your Lawyer - Part 2 of 2

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

Non-Competition Agreements: What to Discuss with Your Lawyer - Part 1 of 2

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

TRO Issued Enjoining Breach Of Non-Compete Agreement Clauses

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

Last Month at the Federal Circuit - July 2011

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

IP Update, Vol. 14, No. 6, June 2011

In This Issue: Patents: 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

Look Before You Leap: Non-compete Law In Massachusetts

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

The Enforceability of Contracts

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

Breach of Contract Explained

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

The Recipe for Successful Retaurants

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

DOJ Shows Flexibility, Creativity in Settling Biotech Merger

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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