Are websites legally responsible for content posted by their users?
Do I need permission to use images from Google on my website?
Patent Infringement Defense Leveraging Contested Proceedings
Implementing a Counterfeit Enforcement Program
Design Patents: New Implications from the Hague Agreement
Patent Litigation and the Proposed Innovation Act of 2013
Developing a Business Strategy that Deters Counterfeiters
Protecting Trade Secrets When Employees Depart
Polsinelli Podcast - Conducting Business in China
Are there going to be new generic top level domains available in the future?
Beastie Boys Sue; Law Prof's 'Head Spins'
Polsinelli Podcast - Generic Drugs to Market - What's the Climate in 2014?
The Building Blocks of a Technology Deal
Emerging Strategies for Protecting Global IP Rights
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
Warranty vs. Indemnity
What should my company be aware of when launching a new website?
Demonstratives in Post-Grant Proceedings
Video: Claim Contruction in Post-Grant Proceedings
A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more
What do Britney Spears, Jennifer Lopez, and Celine Dion all have in common? Until recently, their own unique perfumes produced by Givaudan Fragrances Corporation, the largest flavor and fragrance manufacturer in the world. ...more
Okay, maybe the word "proof" is a bit too strong. But a recent decision from the United States District Court for the Middle District of Florida makes clear that trade secret claims must be based upon more than mere...more
The gyms are packed, the diet cookbooks are flying off the shelves, and smokers are struggling to kick the habit. It’s the resolution season, and surveys say half of the top 10 most popular new year’s goals aim for better...more
On October 16, 2013, a federal judge in New Jersey ruled that Goldman Sachs must advance the legal fees of a former employee charged with stealing Goldman’s source code. The order is the latest twist in a case that...more
Winter is around the corner. On the calendar, however, it’s not yet here. Surely Mother Nature is aware of this. Still, an ice storm currently engulfs large swaths of our nation and is leaving many of us without power or...more
Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her...more
In Lewis v. Activision Blizzard, Inc., No. 4:12-cv-01096-CW (N.D. Cal. Oct. 17, 2013), an employee of Blizzard brought suit against the company for copyright infringement, alleging ownership of voiceover work used in the...more
Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more
A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the...more
In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more
This week marks the first Monday in October, which for Supreme Court watchers is a holiday: the start of a new term. While not everyone gets that excited about the new term, there are several cases that the Court intends to...more
While New York law in theory recognizes the "inevitable disclosure" doctrine, a federal district court there, in Janus et Cie v. Andrew Kahnke, recently reinforced the state's hostility to the doctrine by dismissing an...more
According to a recent press release by Gartner, Inc., a global technology research and advisory company, half of all employers are expected to require their employees to supply their own devices for work by 2017. A...more
We are pleased to present the 30th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month we highlight cases discussing federal pleading standards, the intersection of patent law and antitrust...more
In a decision that confirms arbitrators’ broad discretion to not only fashion remedies, but also fashion sanctions, the Minnesota Court of Appeals held that an arbitrator did not exceed his power by issuing a severe sanction:...more
The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more
Even though a company took proactive steps to ensure new employees did not bring or use a former employer’s information to their new job, the company may still be on the hook for the subsequent misconduct of allegedly “rogue”...more
International trade is critical to our global economy and importers and exporters should stay apprised of new developments, restrictions and potential pitfalls to ensure they remain in compliance with a myriad of laws and...more
We are pleased to present the 27th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight stories that will have an impact on business, commerce and litigation, including the...more
If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed...more
Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more
New case from the second circuit in NY -
Multinational companies, like hotel companies, often face challenges in enforcing claims against their employees and agents located in foreign jurisdictions. In December 2012, a...more
The Southern District of New York recently joined a number of other jurisdictions in foreclosing one avenue of recovery for employers seeking to recover against employees who steal company information for competitors. In...more
We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more
Find an Intellectual Property Author »
Back to Top