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December 29, 2005 | Corporate Counsel

'Functionality' of Hooters Girls at Issue in IP Appeal

Judges of the 11th Circuit will take a close look at the short-shorts and tight tank tops of the "Hooters Girls" to determine whether the restaurant servers' scant outfits deserve trade dress protection. Hooters of America Inc. has brought claims of trade dress infringement and dilution and unfair competition against Ker's Winghouse, a Florida restaurant chain -- named after founder and former Dallas Cowboys lineman Crawford Ker -- that features a waitstaff known as the "Winghouse Girls."
5 minute read
October 14, 2010 | Corporate Counsel

After Controversial Trial Against U.S. Bancorp, DataTreasury Set for New One Against BofA

Last time out, DataTreasury won big, though one of its attorneys provoked the ire of South Asian lawyers with something he said during his closing argument.
3 minute read
January 02, 2013 | Corporate Counsel

Research Use of Patented Invention: Infringement or Boon to Innovation?

In 2006, the American Intellectual Property Law Association passed a resolution supporting, in principle, legislation to codify an exemption from patent infringement for uses of a patented invention related to scientific research or experimental inquiries. The resolution explicitly provided that, under the proposed legislation, it would not be considered an act of infringement to make or use a patented invention solely to discern or discover:
9 minute read
November 06, 2012 | Law.com

Why Penn State and the Freeh Report Matter to Corporate Boards

The recent indictment of former Penn State University President Graham Spanier helps assure that the broader governance themes raised by the Jerry Sandusky sexual abuse scandal will remain in the forefront—not only with the media, but also in corporate boardrooms.
9 minute read
May 19, 2010 | Corporate Counsel

Mechanisms That Help Reduce the Cost of E-Discovery

There are mechanisms your firm can put in place and practice to curtail e-discovery costs. Schwartz Simon attorneys Nuris E. Portuondo and Melissa A. Silver advise readers to implement a document retention policy or dedicate a group to maintain and retrieve ESI to help grind down costs.
8 minute read
April 09, 2013 | Corporate Counsel

Amid Calls for Reform, a Rare Trial of Hacking Law

In the case that has shaped the scope of the Computer Fraud and Abuse Act, defendant David Nosal will try to show that logging on to a company computer was just business, not criminal.
10 minute read
July 21, 2009 | Legaltech News

How to Face a Triple Threat

The current economic situation is only one facet of a three-pronged attack on the operational side of law firms and how they manage the practice of law. The other issues law firms must face are the changes in the cost recovery landscape and the increase of alternative fee arrangements.
6 minute read
January 25, 2013 | Corporate Counsel

Kia Motors Tests Corporate Counsel Tech Skills

Kia Motors America corporate counsel, D. Casey Flaherty, tests a hypothesis that outside counsel are deficient in their use of technology, which results in unnecessary busywork and needless costs. Thus far, his audits have confirmed his thesis.
10 minute read
August 28, 2012 | Corporate Counsel

ILTA Launches With Packed House, Energetic Keynote on Innovation

LTN magazine Editor-in-Chief Monica Bay reports that the International Legal Technology Association conference near Washington, D.C., began with few hitches and an energetic keynote by Frans Johansson, author of The Medici Effect.
3 minute read
May 19, 2008 | Corporate Counsel

Utility Company GC Is a Power Player

Exelon Corp. is among the largest utility companies in the United States. It distributes electricity to 5.4 million customers in Illinois and Pennsylvania. Its operations include the largest collection of nuclear power plants in the United States, representing one-fifth of the nation's nuclear power capacity. William A. Von Hoene Jr. is responsible for the entirety of Exelon's legal affairs. By his own tally, he delves into 25 to 30 different matters daily by phone, in person or by correspondence.
5 minute read