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Web trademarks: It's not the words, it's the action

In the old days, you obtained nationwide priority for your trademark only through federal registration. But does the Internet now give you an easier path to nationwide priority, just by posting your mark on a nationally...more

Lessons from FTC Enforcement Actions

The FTC released a guide for businesses based on lessons learned from the more than 50 reported FTC enforcement actions. This new guide, “Start With Security: A Guide For Business” outlines a general “standard of care” for...more

What’s NOT Protected by Attorney-Client Privilege?

The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know...more

Practical Claim and Specification Drafting, Following Williamson v. Citrix

Patent claims that use so-called “nonce words” in lieu of means plus function language can be correctly construed as applying the equivalent of means plus function language under 35 USC §112, sixth paragraph, and can be...more

7 Mistakes Every Startup Should Avoid To Protect IP

Startups are justifiably focused on developing the next big idea, getting that idea to market and ensuring the company has enough financial runway to make it all happen. Missteps in protecting the startup’s intellectual...more

E-Discovery Update: Know Your Court’s Local E-Discovery Rules

In the past few years, a number of courts have issued standing orders or have issued guidelines or forms to govern the production of electronically stored information (ESI). These orders and forms can be found on the courts’...more

Lessons From the Rare Grant of an IPR Motion to Amend

Although many Patent Owners have complained about the high hurdles for amending claims in an IPR, the Board’s decision in Riverbed Technology, Inc. v. Silver Peak Systems, Inc. IPR2013-00403 shows that the requirements are...more

What’s your RSTLNE?

Smart people do their homework, rely on past experience and pattern recognition to guide future behavior, and practice. But really smart people often “wing it,” preferring to use their towering intellect to smoothly navigate...more

Closing the U.S. Border Gates Against Infringing Imports

Could infringing imports be jeopardizing your intellectual property rights without your knowledge? U.S. Customs and Border Protection (CBP) may be a valuable resource to protect your registered U.S. trademarks and copyrights,...more

Anti Bribery Compliance Tactics Learned Behind Bars | 6 Ways to Protect Your Front-Line Employees from Temptation (Part 1)

If you encountered Richard Bistrong at a cocktail party, your first instinct would likely be to comment on his fashionable glasses or his experience running marathons, rather than to ask about his time in prison. As Richard...more

Client Q&A: Sarah Rosen

Q: In your best relationships with outside counsel, what are three important things other lawyers could learn from them? A: (1) Please be responsive. We understand and appreciate that you have many clients who are all...more

Second Circuit Holds: You Can’t Always Get What You Want – As Long Your Employer Gives You What You Need (An Effective...

On May 21, 2015, the United States Court of Appeals for the Second Circuit, in Noll v. International Business Machines Corporation, Case No. 13-4096 (May 21, 2015), affirmed a decision by the Southern District of New York...more

How to Properly Use Your Trademark -- Part II

Part I of this mini-blog series focused on how to ensure your trademark keeps its status as a source identifier for years and years to come. However, there is so much more to ensuring you are using your trademark to the best...more

Copyright Law: The Silent © in Same-Sex Marriage

Last week, the focus of the legal world was not on intellectual property, to put it mildly. However, copyright law did have a small and somewhat silent, but still important, role in the Supreme Court jurisprudence that led to...more

Tips on Avoiding the Unsettling Results of a Poorly-Drafted Settlement Agreement

Well done! Through your reasoned approach and powers of persuasion, you have managed to resolve the pending contract dispute on your own, and thus have avoided that costly telephone call to the litigator in your attorneys’...more

Making the Most Out of Your Board Meeting

Many first-time entrepreneurs have never participated in a formal board meeting. After an initial round of financing, regular board meetings become a reality. Preparing for board meetings can be time consuming and daunting....more

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

How a Trade Secret Could Have Saved a Running Royalty From a Nearly Invincible Law

In Kimble v. Marvel Entertainment, LLC, just handed down June 22, 2015, the Supreme Court reaffirmed the 50 year old holding of Brulotte v. Thys Co., 379 U. S. 29 (1964), that patent royalties cannot extend beyond the...more

A Cautionary FMLA Tale: “Let Them Fix It Before Firing” Must Employees Now Be Allowed to Cure Deficient Medical Certifications?

Compliance with the Family Medical Leave Act (“FMLA”) is a daily challenge for employers, as more and more employees seem to take advantage of the right to full and intermittent leave. I often see clients jump to hasty...more

Employers, You’ll Never Pooh-Pooh The GINA Again.

On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act. The controversy started when Atlas Logistics Group Retail...more

A First Look at the Workplace Implications of Same-Sex Marriage Equality

We asked attorneys writing on JD Supra to share with us their initial thoughts on the implications of the U.S. Supreme Court's Obergefell decision in favor of same-sex marriage equaliy, especially with the regard to the...more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance

The below chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications...more

Blog: Should You Invest in Foreign Patent Protection?

If you run a tech company, should you invest in foreign patent protection? On one hand, worldwide patent protection can be incredibly valuable, especially for a product with a worldwide market. On the other hand, obtaining...more

Supreme Court's Labor And Employment Decisions - 2014-2015 Term

The United States Supreme Court's most recent term has been marked by a series of significant rulings that serve to alter the landscape of labor and employment law in significant ways. Over the past few months, the Court has...more

[Webinar] Leveraging Social Media for a Best Practice Compliance Program - July 14, 1:00 pm EST

Join this webinar, featuring compliance expert Tom Fox, to learn how embracing social media in a smart way can help companies engage employees and enforce any best practice compliance program. You will learn: - Why...more

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