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Latest Stories

July 28, 2003 | National Law Journal

'SHIRE' DECISION

One of the cornerstones of trade dress law is the functionality doctrine: A company can never claim trade dress protection for a product's functional or utilitarian features; allowing that protection would give inventors a perpetual monopoly over those features, defeating the federal patent scheme. But just as courts cannot ignore the doctrine, neither can they overindulge in applying it, lest functionality swallow up even those cases where a company is rightfully entitled to trade dress protection. This is
5 minute read
May 24, 2010 | National Law Journal

Not knowing what you don't know pays off

Starting their own firm was pure folly, but Robbins Umeda spotted a niche and captured it.
5 minute read
December 07, 2011 | National Law Journal

Government misconduct in FCPA prosecution cited in related case

A federal judge's dismissal of convictions in a high-profile FCPA case due to prosecutorial misconduct has prompted a defense attorney in a related prosecution to challenge the government's case against his client.
6 minute read
December 20, 2007 | National Law Journal

3rd Circuit rejects superior court precedents in arbitration case

Rejecting the reasoning of two decisions by the Pennsylvania Superior Court, the 3rd U.S. Circuit Court of Appeals has ruled that arbitration agreements cannot be deemed "unconscionable" solely on the grounds that they require consumers to waive their right to pursue class action claims.
6 minute read
April 01, 2013 | National Law Journal

Crude awakening

After a five-year battle, TransCanada Corp. may be close to winning approval for its $5.3 billion Keystone XL pipeline, which will transport crude oil from the oil sands of Alberta to Steele City, Neb., 1,179 miles away.
8 minute read
July 13, 2009 | National Law Journal

Burnout, stress plague immigration judges

Immigration judges, who day in and day out listen to horrific personal stories of asylum seekers, suffer from significant job burnout and secondary traumatic stress, which may affect their rulings, according to a recent study. After analyzing data from 96 immigration judges who participated in the study, researchers from the Langley Porter Psychiatric Institute at the University of California, San Francisco found that the judges, especially female judges, are more burned out than hospital-based doctors who care for the gravely ill and prison wardens who oversee society's most dangerous members.
6 minute read
October 29, 2012 | National Law Journal

INADMISSIBLE

Hamilton remembers Watergate; Hogan honored; Covington to CityCenterDC in 2014; Brown's battle to stay on D.C. Council; Equal Justice Works hears Randal Milch; hard times for honest lobbyists; and Nager nominated again for USGA head in this week's column.
7 minute read
March 21, 2011 | National Law Journal

Knitting a career — and a life

For two years, Jaclyn Cohen dropped out of Big Law to run a little yarn shop in suburban New York. So how did she manage to satiate her �curiosity about life on the outside without being banished forever from Big Law?
5 minute read
April 18, 2011 | National Law Journal

VOIR DIRE

They're not a law firm, but they play one on the Net; but is it an iPad 2; and common sense is not always a tool of the trade in this week's column.
3 minute read
August 06, 2008 | National Law Journal

WINNERS AND LOSERS

The winners and losers of the most talked-about cases of the 2007-08 term.
4 minute read

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