Commercial Law & Contracts, Business Torts, Intellectual Property

Who Owns the Rights to “To Kill a Mockingbird”?

by Aaron Kase | Lawyers.com on 5/15/2013

Harper Lee only wrote one book in her life, but what a book. Her classic novel “To Kill a Mockingbird,” published in 1960, spins the tale of a small town attorney who tries to stand up against the forces of racial injustice....more

Enforcing Contractual Indemnity Litigation Against Chinese Companies

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/8/2013

The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/26/2013

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/8/2013

In This Issue: - Wild v. NBC Universal: Ninth Circuit affirms dismissal of copyright infringement claim without leave to amend, finding no substantial similarity between plaintiff’s graphic novel and NBC’s...more

Business Torts In Virginia

by James V. Irving | Bean, Kinney & Korman, PC on 3/7/2013

In late January, the United State District Court for the Eastern District of Virginia, sitting in Richmond, handed down an opinion that provided a succinct analysis of the pleading standards applicable to several Virginia...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

by John Green | Farella Braun + Martel LLP on 2/13/2013

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

Business Law Newsletter - January 2013

by Rachelle E. Hill, James V. Irving | Bean, Kinney & Korman, PC on 1/10/2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

Enforceable On-Line Terms of Service

by Peter Bauman - Senior Associate at Tharpe &... on 1/7/2013

If your company uses a browsewrap license agreement on your website, it may not be legally binding on site visitors. That’s the message from a recent case, In re Zappos.com Inc., Customer Data Security Breach Litigation,...more

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement

by David Dubberly | Nexsen Pruet, PLLC on 12/19/2012

Originally published in MidlandsBiz.com on December 18, 2012. In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions...more

Corporate Compliance with Licensing Requirements

by Robert Freedman - Partner at Tharpe & Howell,... on 12/18/2012

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

Preventing Unfair Competition In The Absence Of A Non-compete Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 12/10/2012

You’ve read the tile of this article. There it is, up above. Let me repeat: Preventing Unfair Competition in the Absence Of A Noncompete Agreement What I really want you to focus on is the last part. The part that reads:...more

When Are Witness Statements Protected As Attorney Work Product?

by Robert Freedman - Partner at Tharpe & Howell,... on 11/23/2012

One of the first things an attorney does when representing a client in a particular matter is interview witnesses to learn the facts of the case, or have an investigator do such on their behalf. The attorney will almost...more

Creating A Win-Win Relationship With Corporate Counsel

by Robert Freedman - Partner at Tharpe & Howell,... on 11/22/2012

Building strong relationships between your company’s in-house corporate counsel and outside counsel is crucial to developing trust, effective representation, and retention to meet your corporate needs. The keys to doing so...more

Corporate Compliance with Licensing Requirements

by Peter Bauman - Senior Associate at Tharpe &... on 11/21/2012

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

by Robert Freedman - Partner at Tharpe & Howell,... on 11/14/2012

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

SBA Rules Changes – Definition of a Small Business

by Peter Bauman - Senior Associate at Tharpe &... on 11/14/2012

In the quest to compete and survive, small businesses should embrace all opportunities for revenue growth available to them. One of the largest potential customers in the world is the US Government. Small businesses have a...more

California Electronic Discovery Act: Part Four

by Robert Freedman - Partner at Tharpe & Howell,... on 11/13/2012

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

Top 10 Business Litigation Mistakes

by Peter Bauman - Senior Associate at Tharpe &... on 11/13/2012

Litigation is an unfortunate necessity of business life. Sometimes, no matter how hard you try, it cannot be avoided. Owners and executives have more pressing things to do, but litigation sometimes is the only course, or the...more

App Helps Determine Valid Trade Secret or Non-Compete

by Balough Law Offices, LLC on 11/7/2012

A new informational app for the iPad and iPhone to help employers and employees better understand what is a trade secret or a covenant not to compete has been released by Balough Law Offices, LLC. The Trade Secrets app...more

California Court Affirms that Customer Lists Can Qualify as Trade Secrets

by Michael J. Nader | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/24/2012

Under California’s trade secret laws, a trade secret is information that (a) is not generally known in the industry, to the public, or to others who can realize economic value from its disclosure or use; (b) has independent...more

IP UPDATE: ACTA May Need a Second Act

by Robert Freedman - Partner at Tharpe & Howell,... on 10/12/2012

The Internet has created a number of challenges for rights holders and the law. The Anti-Counterfeiting Trade Agreement (ACTA) – a plurilateral agreement that seeks to establish worldwide standards for enforcing Intellectual...more

Watch Your Assets! Using Injunctions to Protect Trade Secrets, Customers, Employees, and Good Will

by John C. Glancy, Tobias E. Schlueter | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2012

In this series of blog posts we will examine the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who solicit clients and...more

The Reading List (No. 11)

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/4/2012

I have not done a formal "Reading List" for a while, so I included a number of different subjects into the mix. Tomorrow or early next week, I'll have a case law update. ...more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

by Peter Bauman - Senior Associate at Tharpe &... on 10/2/2012

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

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Commercial Law & Contracts › Business Torts › Intellectual Property

Who Owns the Rights to “To Kill a Mockingbird”?

Enforcing Contractual Indemnity Litigation Against Chinese Companies

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

Business Torts In Virginia

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

Business Law Newsletter - January 2013

Enforceable On-Line Terms of Service

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement

Corporate Compliance with Licensing Requirements

Preventing Unfair Competition In The Absence Of A Non-compete Agreement

When Are Witness Statements Protected As Attorney Work Product?

Creating A Win-Win Relationship With Corporate Counsel

Corporate Compliance with Licensing Requirements

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

SBA Rules Changes – Definition of a Small Business

California Electronic Discovery Act: Part Four

Top 10 Business Litigation Mistakes

App Helps Determine Valid Trade Secret or Non-Compete

California Court Affirms that Customer Lists Can Qualify as Trade Secrets

IP UPDATE: ACTA May Need a Second Act

Watch Your Assets! Using Injunctions to Protect Trade Secrets, Customers, Employees, and Good Will

The Reading List (No. 11)

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

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