Intent

News & Analysis as of

U.S. Sentencing Commission Approves Major Changes to Fraud Guidelines - The Updates Could Significantly Affect White Collar...

On April 9, 2015, the United States Sentencing Commission voted to approve changes to §2B1.1 of the sentencing guidelines. The changes will take effect on Nov. 1, 2015, unless Congress objects. If they go into effect, these...more

Ruling Highlights the Need for Testamentary Intent for Holographic Codicil

Last month, the Fairfax, Virginia Circuit Court issued a written opinion that, while it does not break new law in Virginia, illustrates how a writing must demonstrate “testamentary intent” to qualify as a valid holographic...more

When is an Electronic Signature Enforceable?

When is an electronic signature sufficient to make an agreement enforceable? Two recent California Court of Appeal decisions rejected efforts to enforce agreements supposedly entered into with electronic signatures under the...more

Supreme Court to Review Defenses to Induced Patent Infringement

On December 5, 2014, the Supreme Court granted certiorari in Commil USA, LLC, v. Cisco Systems, Inc., to decide whether a defendant’s good-faith belief that a patent is invalid is a defense to induced infringement....more

Supreme Court to Consider Good-Faith Belief of Invalidity Defense

On December 5, 2014, the Supreme Court granted certiorari in Commil v. Cisco to decide whether an infringer’s good-faith belief of patent invalidity is a defense to induced infringement. The case could prove significant for...more

Proving An Operator’s Gross Negligence: Is Intention Required?

Establishing an operator’s gross negligence requires “a degree of intentionality”, the Alberta Court of Queen’s Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum]....more

Delaware Supreme Court Finds UCC Termination Filings Valid Despite Lack of Lender’s Intent

On October 17, the Delaware Supreme Court held that JP Morgan (JPM) terminated its security interest in all of the collateral provided by General Motors (GM) in support of a $1.5 billion loan, despite neither party intending...more

Supreme Court Adopts Broad Interpretation Of Bank Fraud

Choosing to adopt a broad view of what constitutes bank fraud under the federal bank fraud statutes, the U.S. Supreme Court held that to constitute a violation of the statute, no proof of intent to defraud the particular...more

Case Illustrates Dangers of Executing a Will Without Legal Assistance

People sometimes try to save money by not consulting with a qualified attorney when executing their will, instead using a pre-printed form or online program. A recent court case offers yet another example of the hazards of...more

Lack of Intent Must Be Proved for All Times After Learning of a Patent

Bose Corp. v. SDI Techs., Inc. - Addressing the requisite intent required to prove induced infringement, the U.S. Court of Appeals for the Federal Circuit reversed a lower court’s summary judgment of non-infringement,...more

Does the Filing on an IPR Negate the Intent Element for an Indirect Patent Infringement Action? One District Court Says No.

Clouding IP ("Clouding") filed a patent infringement action against Rackspace, which alleged direct, indirect, and willful infringement of the patents-in-suit. The district court granted defendant Rackspace's motion to...more

Gross Negligence Enough for Adverse Inference Instruction

In 2003, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York issued five landmark decisions, which have since shaped the landscape of electronic discovery and document preservation. ...more

Florida Supreme Court Compels Legislator Depositions in Redistricting Case

On December 13, 2013, the Florida Supreme Court decided that Florida legislators and legislative staff members can be forced to give deposition testimony and produce documents relating to legislation establishing new...more

Spilman Alert: W.Va. Supreme Court Rulings Impact Defense of Deliberate Intent Cases

The West Virginia Supreme Court of Appeals recently issued two rulings that have a significant impact on the way employers may defend cases brought under West Virginia's deliberate intent statute (W.Va. Code § 23-4-2)....more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

How Much “Intent” is Enough to Support an “Intent to Use” Trademark Application?

For many years now, the US Trademark Office has accepted trademark applications based upon a “bona fide intent to use” the applied-for mark on all the goods and/or to provide all of the services listed in the application at...more

When Intent Matters in Trademark Matters

One of the unfortunate aspects of trademark practice is the permission that exists in the law to challenge the motives and intentions of people. Unfortunate, because this permission is frequently abused, especially by...more

W.Va. Supreme Court Decision Could Have Significant Implications for Employer Liability Under Deliberate Intent Statute

The Supreme Court of Appeals' recent decision in McComas v. ACF Indus., Inc. could have significant implications for employer liability under West Virginia's deliberate intention statute. In McComas, the plaintiff was a...more

TTAB Signaling Scrutiny of Bona Fide Intent

On June 12, 2013, the Trademark Trial and Appeal Board (TTAB) granted two motions for summary judgment based on lack of Applicant’s bona fide intent. In the first of these decisions, Pacific Poultry Company, Limited v....more

Title Troubles In Texas, North Dakota And Montana: Mineral Reservations To Third Parties

The Title Question - Harold Smith, the owner of Blackacre, and his wife, Wendy Smith, execute a deed covering all of their interest in Blackacre to Tiger Drilling....more

CFTC Seeks Comment On Guidance Concerning Illegal Wash Trades

On July 15, 2013, the CFTC sought comments on a proposed CME Group Market Regulation Advisory (Advisory) providing guidance and answering frequently asked questions on wash trades....more

Zero Tolerance Gone Too Far: When Does A Facebook Comment Cross The Line Into A Threat?

Sometimes, when you read the basics of a story, it sounds so incredulous, you think “surely, there has to be more to it.” ...more

The High Price of Imprecision: An Examination of the Enforcement of Letters of Intent Under California Law

Letters of intent and other similar pre-contractual documents, such as term sheets or memorandums of understanding, are used extensively in California real estate transactions as a means for negotiating parties to demonstrate...more

Rare Securities Trial Over Credit Crises Claims Results In Defense Verdict

On May 28, 2013, in Delshah Group LLC v. Javeri, a rare securities trial regarding credit-crisis related claims, Judge Katherine B. Forrest of the United States District Court for the Southern District of New York issued an...more

Can Heads of Agreement That Are "Subject to Contract" Still Bind You?

Background - It is common practice for parties to property and business transactions (such as sales, purchases and leases) to sign a heads of agreement once an agreement has been reached in relation to the key...more

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