Appellate

Patent Owners Should Mind Assignee Rights Restrictions

Federal courts' reliance on the Federal Circuit Lone Star v. United Microelectronics decision, which closely scrutinized contractual restrictions in patent assignments, makes it crucial for patent owners to take particular care when limiting an assignee's ability to enforce the patent or transfer the rights, say John Haynes and Lindsay Church at Alston & Bird.

How Lawyers Can Network Better, Virtually And In Person

The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

Texas Ruling May Weaken Anti-Washout Clauses In Oil Leases

The Texas Supreme Court's recent opinion in Yowell v. Granite Operating Co. is the latest indication that the rule against perpetuities presents a unique challenge for overriding royalty interest owners who wish to utilize anti-washout provisions to carry an interest forward to new oil and gas leases, says Michael Reer at Harris Finley.

Practical Tips For Presenting Your Case To Litigation Funders

One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

4th Circ. Seems Leery Of Divestiture Order In Doormaker Case

The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.

Ohio Tax Talk: Unemployment Ruling May Offer M&A Savings

The Ohio Supreme Court's recent decision in Delphi Automotive v. Ohio Department of Job and Family Services sets an acquirer-friendly precedent for unemployment tax rates in mergers, acquisitions and reorganizations, which could be especially important in the wake of pandemic-related layoffs, say Jeremy Hayden and Christopher Tassone of Frost Brown.

Perspectives

Illinois Must Do More To Protect Consumers In Debt

A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

Avoiding Inadvertent Privilege Waivers In E-Communications

Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

How Anti-Terrorism Act Extension Affects Mainstream Cos.

Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.

The Death Of The Combination Patent Claim

Recent Federal Circuit cases appear to suggest that if your patent claim to a combination of otherwise known elements does not include a specific technical improvement, then the claim is not patent-eligible — meaning a bedrock patent principle has been overruled implicitly, says Howard Skaist at Berkeley Law & Technology Group.

Limiting Employer Liability For Secondhand Virus Exposure

While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

Opinion

Don't Cancel Your Summer Associate Programs

While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

New Trend In IPR Institution Appealability Demands Scrutiny

While a recent trend of federal courts holding that U.S. Patent and Trademark Office decisions instituting inter partes reviews are not appealable requires close following, there are two remedies practitioners can seek apart from appeal, say Brett Cooper and Kevin Schubert at McKool Smith.

Navigating TM Profits Remedy After High Court Decision

The U.S. Supreme Court's recent Romag v. Fossil decision didn't articulate a specific test to determine whether a trademark profits award is appropriate, which will likely have ripple effects on the varying circuit court standards, and litigators will need to keep several considerations in mind, say attorneys at Gibson Dunn.