Because of their unique style and wide appeal, elements of Dr. Seuss’ books have been borrowed by other authors who claim their works are protected parody. A review of these cases, including a decision last month in the Southern District of New York, provides helpful guidance on how the fair use defense applies to parodies, says Tal Dickstein of Loeb & Loeb LLP.
Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.
Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.
In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Following recent federal appeals court decisions, the U.S. Supreme Court is likely to address the U.S. Securities and Exchange Commission's use of administrative law judges, but the Federal Energy Regulatory Commission's use of them may require further litigation, say David Perlman and Britt Steckman of Bracewell LLP.
Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.
After the Third Circuit's recent decision in the Asbestos Products Liability Litigation case, manufacturers within the court's jurisdiction should not expect claims against them to be dismissed under a “bare metal" defense, unless they can show that they could not have known that asbestos would later be added to their products, says Cory Lapin of Manion Gaynor & Manning LLP.
Plaintiffs often use several theories to avoid contract provisions that limit their recovery or bar their lawsuit. However, while it is obviously advisable to refrain from affirmatively misleading signatories, courts otherwise generally treat a contract's terms as the final expression of the agreement and disregard arguments involving lack of ability, time or inclination to read contracts, say attorneys with Shook Hardy & Bacon LLP.
In Seneca v. Highland Township, a federal judge in Pennsylvania recently reiterated that local laws prohibiting natural gas drilling are preempted by state and federal statutes. While the township was creative in its tactics, the decision ultimately strengthens the industry's hand, and may expedite similar disputes in the future, says Garrett Trego of Manko Gold Katcher & Fox LLP.
Lawyers spend considerable time defining the scope of force majeure events and associated relief mechanisms in construction agreements, but often move onto the next deal after contracts are signed. It is important to stay involved, and be prepared for issues that may arise during project execution, say David Strickland III and Michelle Northcutt of King & Spalding LLP.
In an apparent change in policy, U.S. immigration authorities are now taking a hard-line approach to individuals who have alcohol-related charges or offenses, marking a significant shift in how U.S. Citizenship and Immigration Services and the U.S. Department of State treat visa holders in this predicament, says Ian Macdonald of Greenberg Traurig LLP.
While few depositions feature such entertaining colloquies by counsel as are found in Corsini v. U-Haul, obstructive conduct at depositions continues to run rampant in many circles. And courts are increasingly open to taking a greater role in policing improper conduct, say Mark Shifton and Mila Shtelmakher of Seiger Gfeller Laurie LLP.
A review of every U.S. Patent and Trademark Office director confirmation hearing since 1999 reveals the likely questions the Senate will ask Andrei Iancu at his upcoming hearing for that position, says Andrew Baluch, a partner at Smith Baluch LLP and former adviser at the USPTO.
In a False Claims Act case last month, the Ninth Circuit rejected a company’s attempt to push its former employee into arbitration under a very broadly worded agreement that she had signed at hiring. The My Left Foot ruling offers some pointers for employees wishing to avoid the tilted field of forced arbitration, say Scott Oswald and Andrew Witko of The Employment Law Group PC.
The bankruptcy court bench is the least diverse bench in the federal court system — and by a lot — which is curious given that bankruptcy judges are selected by other federal judges rather than appointed by the president. Diversification of the Article I benches is within the control of other federal judges, says U.S. Bankruptcy Judge Frank Bailey of the District of Massachusetts.
Numerical models provide a powerful tool to quantify complex flow, sediment and contaminant transport behavior in environmental litigation, but they can be complicated and resource-intensive. Marcia Greenblatt of Integral Consulting shares insights on working with technical experts to navigate multiple models and how to best apply numerical models in litigation.
Financial Crisis Anniversary
The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.
Recent biosimilars cases have raised questions regarding whether the Hatch-Waxman Act safe harbor provision protects commercial stockpiling. Though there is surprisingly little case law on this issue, the existing case law supports that stockpiling is at least partially protected, say attorneys with Haynes and Boone LLP.
The interpretation and enforcement of noncompete agreements in the context of a sale of a business are a frequent source of angst for both the buyer and seller. However, with its recent decision in E.T. Products v. D.E. Miller Holdings, the Seventh Circuit offered guidance on several important questions, say Eric Amdursky and Tyler Runge of O’Melveny & Myers LLP.
The U.S. Securities and Exchange Commission has not been shy about enforcing the Foreign Corrupt Practices Act globally. But a recent case against Mexican homebuilding company Desarrolladora Homex and its executives makes clear that the SEC will not hesitate to enforce against foreign companies other provisions of the federal securities laws as well, says Brian Neil Hoffman of Holland & Hart LLP.
When the parent of a child who attends private school files for bankruptcy, the school may be sued to return tuition payments for the benefit of the parent's creditors. A bankruptcy court recently dismissed two such claims, providing schools with well-reasoned opinions on which to rely, says James Bentley of Schulte Roth & Zabel LLP.
Cost, time to resolution and inexperienced decision-makers top the list of challenges with litigation involving technology companies. Arbitration offers many advantages over litigation, but often companies use a poorly considered arbitration clause, engage the wrong outside counsel or select an unskilled arbitrator, says Gary Bendon of the Silicon Valley Arbitration & Mediation Center.
We analyzed district court litigations in the life sciences from June 2013 through June 2017. During that period, 26 sets of biotechnology-related patents were adjudicated for patent eligibility, and slightly more than half survived, say Eldora Ellison and Jaume Canaves of Sterne Kessler Goldstein & Fox PLLC and Paul Golian, assistant general counsel at Bristol-Myers Squibb Co.
Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.
When it comes to paying for damaged property, perhaps the riskiest option is undertaking repair or replacement of the property. Insurers must carefully evaluate their potential liability, which may outweigh the marginal savings, say Brian Devilling and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.
As the end of the year draws near, all eyes are turning to the U.S. Supreme Court and the decisions it will issue during its October 2017 term. In this series, attorneys that have argued before the high court reflect on their very first time standing before the justices.
As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.
A decade and a half after the Sarbanes-Oxley Act was enacted in response to accounting scandals at Enron, WorldCom and elsewhere, attorneys, accountants and compliance experts measure the law's impact in this special series.
Because the recent decision to block transgender female Hannah Mouncey from playing in the women’s Australian Football League was not based on evidence, it is discriminatory against transgender athletes and based on sexual stereotyping. This is a serious civil rights problem, and not only in Australia, says Ronald Katz of GCA Law Partners LLP.
Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.
By having the freedom to select our work, we can ensure that high-quality opportunities remain a staple of the professional diet. Working on cases you believe in, for clients you like, and on challenging issues reminds you that you are part of a profession, and not a cog in a billing system, says John Battaglia of Fisch Sigler LLP.