Briefing

Apple v. Samsung: The Importance of Patented Features in Purchase Decisions

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Kelley Drye & Warren – Last week, the Federal Circuit denied en banc review by the entire court of the three-judge panel decision in the Apple v. Samsung case that had revived the ability to obtain injunctive relief against multiple component products, such as smartphones (see our Sep. 17, 2015 post). In doing so, the […]

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Defamation Law: The High Burden on Public Figures

Truth

Kelley Drye & Warren – Andreas Becker, Lee Brenner  In Biro v. Condé Nast, et al., the Second Circuit recently determined that, in a defamation action, limited-purpose public figures must plead in a “plausible way” that the defendants acted with actual malice, citing Federal Rule of Civil Procedure 8 and the Supreme Court’s decisions in Iqbal andTwombly.

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Cyber Products Face Heightened Scrutiny In Face of Terrorism

Cyber attacks

Reed Smith – Leigh T. Hansson, Julianne K. Nowicki – Recent trends and discussions relating to export controls and national security concerns may now capture the attention of software manufacturers, technology firms, and online retailers of software, as well as their global trade compliance teams. In a time where cyber-hacking and cyberterrorism pose increasingly greater threats to

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Appellate Scrutiny For Class Actions

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Reed Smith – Class actions have penetrated every sector of American commerce. Significant resources routinely are invested in resisting class certification because of the adverse economic and business management consequences that can follow from classwide relief. In those circumstances when a class is certified, the incentive to settle and avoid a classwide trial can be

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Taking Safety Seriously

Safety

Baker Donelson – The Federal government is engaging tough measures to ensure corporations take safety seriously. First, OSHA is in the process of implementing changes to its penalty calculation system, which includes increasing penalty amounts as much as 82%, and extending the time period for consideration of repeat violators and penalty reductions based on history

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Strangers No More? Trends in the Architect’s No Privity Defense

Privity

LeClairRyan – Simply put, “privity of contract” is “‘the relationship between the parties to a contract, allowing them to sue each other but preventing a third party from doing so.” The existence of ‘privity’ had long protected an architect in a contractual relationship with an owner or some other entity from potential liability to a

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SEC Approves MSRB’s Proposed Amendments to Gift Rule G-20, MSRB Files Second Amendment to Proposed Rule G-42

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Skadden Arps – On November 6, 2015, the Securities and Exchange Commission (the SEC) approved the MSRB’s proposed amendments to Rule G-20 on gifts, which (1) extend Rule G-20 to municipal advisors, and (2) make changes to Rule G-20 applicable to both municipal advisors and municipal securities dealers. The amendments also make conforming changes to

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