New York Law Journal | Analysis
By Rob Maier | November 26, 2019
Declaratory judgment actions, commonly referred to as "DJ actions," have historically provided a mechanism for companies threatened with a patent infringement claim to preemptively file a lawsuit seeking a court ruling declaring the patent invalid or not infringed. These DJ actions for years had been a popular tool for accused infringers, but as Rob Maier discusses in this edition of his Patent and Trademark Law column, recent changes in the patent litigation landscape have resulted in a shift away from these DJ actions, and a corresponding shift in the way patent holders approach infringers.
The Legal Intelligencer | Analysis
By Lizzy McLellan | November 25, 2019
Overseas and U.S. departures have continued as many of the firm's peers in the upper reaches of the industry left K&L Gates behind.
By Angela Morris | November 21, 2019
The idea behind a gratitude practice is easy enough: It means taking time to think intentionally about positive events and people that create feelings of thankfulness.
New York Law Journal | Analysis
By Jason P.W. Halperin and Amanda B. Asaro | November 20, 2019
In what can only be called a highly significant decision, New York's top court issued a stark reminder about the fundamental fairness of trials, aiming this warning shot at a group of trial participants who are pivotal to a criminal defendant's Sixth Amendment right to fair and impartial fact-finders—jurors.
By Natalie A. Prescott | November 15, 2019
As more and more states seek to expand biometric privacy protection, plaintiffs begin to explore new claims under these legislative schemes. Companies, therefore, must proactively monitor their compliance with emerging privacy laws.
By Angela Morris | November 14, 2019
A promise to be civil in the new-lawyer oath may be a good starting point, but stakeholders and observers recognize the oath is not enough to stem the ongoing problem of lawyers behaving badly.
New York Law Journal | Analysis
By Jeremy H. Temkin | November 13, 2019
John Doe summonses provide the IRS with a powerful investigative device bounded by a set of requirements inapplicable to other IRS summonses. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses some recent developments that highlight the obstacles and procedural hurdles faced by recipients of John Doe summonses and IRS agents alike.
By Frank Ready | November 8, 2019
HIPAA privacy laws were designed to change with the times, but the organizations under their dominion may have a more difficult time adapting to new technologies that make it harder to de-identify medical data.
By Richard Raysman and Peter Brown | November 8, 2019
A federal court in Texas recently decided that the progress (or lack thereof) concerning a software development agreement cannot be obscured by allegedly fraudulent statements, nor can breach be excused simply because the developer encounters what it claims as unforeseen technological hurdles. In their Technology Law column, Richard Raysman and Peter Brown discuss the split result reached by the court inasmuch as the court denied the software developer's motion to dismiss the software provider's breach of contract claim and denied in part the provider's fraud claims.
The American Lawyer | Analysis
By Lizzy McLellan | November 7, 2019
What does widespread "deleveraging" in the wake of the Great Recession mean for law firm health?
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