The National Law Journal

January 21, 2008 | National Law Journal

A recent AIPLA report notes that the median cost for litigating a patent infringement case with greater than $25 million at risk is $5 million. Such costs may appear comparatively modest to more jaded practitioners. There are, however, a small number of patent cases whose stakes and budgets far exceed the reported results of any survey. These megacases involve bet-the-company-stakes, scores of attorneys and budgets that attract the attention of the board of directors in even the largest corporations.

By Rodney R. Sweetland III and Michael G. McManus / Special to The National Law Journal

10 minute read

August 28, 2006 | National Law Journal

In a nutshell, the primary purpose of the accelerated examination via the patent prosecution highway or otherwise is to decrease the PTO's workload and to "improve quality" by issuing U.S. patents in a shorter period of time following an application's filing.

By Stephen B. Maebius and Sean A. Passino/Special to The National Law Journal

12 minute read

January 21, 2008 | National Law Journal

The application of the patent laws to computer software has never been an easy fit. Some jurists believe copyright law better applies. By the turn of the millennium, the controversy seemed put to rest after both the PTO and the Federal Circuit issued decisions embracing software as patentable subject matter. Recent rumblings from the U.S. Supreme Court, however, indicate a strong desire to roll back these decisions. In this uncertain environment, practitioners should anticipate several potential outcomes.

By Mark C. Scarsi / Special to The National Law Journal

9 minute read

August 07, 2006 | National Law Journal

It's shaping up to be a long, hot summer for the multibillion-dollar adult entertainment industry. After an absence of federal obscenity prosecutions under President Clinton, a Phoenix grand jury�s indictment is the second shot fired by the Bush administration against the adult entertainment industry.

By Clay Calvert Robert D. Richards/Special to The National Law Journal

4 minute read

October 30, 2006 | National Law Journal

Recently, various jurisdictions issued opinions that may limit a trustee's ability to bring prepetition claims. The equitable affirmative defense of in pari delicto has existed for some time; however, with the increasing number of claims brought by trustees against third-party professionals, the defense is burgeoning.

By Phil C. Appenzeller Jr. and Ross H. Parker/Special to The National Law Journal

10 minute read

May 21, 2007 | National Law Journal

Companies across the nation are training employees on "microinequities," the subtle putdowns, snubs, dismissive gestures or sarcastic tones that can undercut employee performance and encourage employee turnover.

By Eric A. Tate and Mahogany P. Jenkins / Special to The National Law Journal

12 minute read

March 17, 2008 | National Law Journal

The U.S. Supreme Court decided one of its most important securities fraud cases in decades. The case has widespread implications for third parties that engage in business relationships with issuers, including customers, suppliers, investment banks and financial services and accounting firms, and it signals a pro-business trend of the Roberts court.

By Daniel Tyukody and Michael Hefter / Special to The National Law Journal

9 minute read

December 15, 2008 | National Law Journal

It's no secret that the recent expansion of document discovery in federal civil litigation has driven many corporations and their lawyers to eschew court battles for alternative dispute resolution. Today, however, the experience of massive, uncontrolled document discovery, particularly with regard to electronic documents, has eviscerated most of the benefits of arbitration.

By Thomas L. Aldrich / Special to The National Law Journal

10 minute read

March 08, 2004 | National Law Journal

In this era of increased regulatory scrutiny and expanded application of investor protection laws, a continually evolving area of broker-dealer law takes on increased importance: whether a so-called finder, who introduces potential investors or merger partners to each other, can avail himself of the exemption from the registration requirements applicable to broker-dealers.

By Steven M. Hecht, Edward M. Zimmerman and Jason I. DienerSpecial to The National Law Journal

12 minute read

February 12, 2007 | National Law Journal

Many critical infrastructure owners and operators-such as power plants and communications providers-continue to enhance security voluntarily without a defensible homeland security standard of care. At the same time, the prospect of liability for failing to take reasonable measures to thwart terrorism has increased.

By Steven E. Roberts/Special to The National Law Journal

4 minute read