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HTMLApple v. Samsung: Trade Dress Functionality and Total Profits without Apportionment
Jacob R. Graham, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 28, 2015, previously published on May 22, 2015
The highly publicized Apple v. Samsung litigation saga began in April 2011 when Samsung alleged various infringements of patents and trade dress related to Apple¿s iPhone. A jury awarded more than $1 billion in damages. In a May 18, 2015, opinion, a three-judge panel of the Federal Circuit reversed...

 

HTMLDefense and Indemnity Demands in Today’s Global Marketplace
Claire W. Parsons; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 28, 2015, previously published on May 18, 2015
In defending product liability cases, product manufacturers, sellers and distributors often tender a request for defense and indemnity from claims to one of their business partners. Typically, the tender arises from two common scenarios: (1) a product distributor or seller tenders its defense to...

 

HTML .SUCKS Fights Back against Critics: Is It Enough to Convince Brand Owners to Buy the Domain?
Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 28, 2015, previously published on May 19, 2015
Many brand owners are holding out to see whether the Federal Trade Commission (FTC), or any other government agency in the United States or elsewhere, takes action against Vox Populi Registry Ltd. (Vox Populi) over what some have claimed is a “predatory scheme.” They may want to...

 

HTMLThird Circuit Adopts Catalyst Theory in ERISA Cases for Attorney Fee Awards
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 27, 2015, previously published on May 14, 2015
Under the Employee Retirement Income Security Act of 1974 (ERISA), “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” The discretion of a court to award fees is not unfettered. Reviewing the language in the ERISA statute, the...

 

HTMLCan the Feds Slow Down Truckers with Mandatory Speed-Limiting Devices?
Robert D. Sullivan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 4, 2015
The National Highway Traffic Safety Administration (NHTSA) is pushing for new regulations requiring tractor-trailer trucks to be equipped with speed-limiting devices. This regulation, if passed, will impact not only the trucking industry but also the manufacturers of tractor-trailer trucks and...

 

HTMLAllegations of Purposeful Data Withholding Do Not Trigger Cyber E&O Coverage
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 12, 2015
In Travelers Property Casualty Co. of America v. Federal Recovery Servs., Inc., Case No. 2:14-CV-170 TS (D. Utah May 11, 2015), the United States District Court for the District of Utah held that where a cyber liability policy’s insuring agreement requires “any error, omission or...

 

HTMLIs Malicious Prosecution a Potential Settlement Tool?
Michael K. Brisbin, Laura E. Fannon; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 11, 2015
In many instances, insurers are initially sued by plaintiffs with colorable claims seeking monetary recovery. During the course of litigation and through discovery, it sometimes becomes clear that the plaintiff’s claim or claims have no merit. Yet, the plaintiff and his or her counsel...

 

HTMLCPAs Need to Sharpen Awareness of IT Threats
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 4, 2015
In the most recent “North America Top Technology Initiatives Survey Results,” CPAs responding to the poll ranked “securing the IT environment” as the number-one priority, followed by “managing and retaining data,” “ensuring privacy,” “managing...

 

HTMLColorado High Court Nixes Use of Lone Pine Orders to Streamline Colorado Fracking Litigation
Elayna M. Fiene, Cathleen H. Heintz, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 6, 2015
On April 20, 2015, the Colorado Supreme Court issued a ruling interpreting Rule 16 of the Colorado Rules of Civil Procedure and implicating the scope of a trial court’s inherent authority to manage the cases before it. In Antero Resources v. Strudley, the issue decided by the Court was...

 

Adobe PDF“Hijacking” Employer Email Systems for Union Organizing and Other Non-work Purposes
Kevin C. Donovan, Bruno W. Katz; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 7, 2015, previously published on April 2015
A recent decision by the National Labor Relations Board (NLRB or Board) has imposed requirements on employers to generally allow their employees to use the employer’s email systems in support of union organizing efforts and other non-business activity protected by the National Labor Relations...

 


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