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| 1 | Counsel to Counsel Magazine -- September 2008 Complete Issue September 3, 2008 President's Letter: In challenging financial times, it can be instructive to look to companies that have weathered economic cycles through the course of decades. They possess traits that have allowed them to endure and flourish, where others have fallen by the wayside. |
| 2 | Brief Advice: Commercial Transactions -- Negotiating Strategic Alliance Agreements September 3, 2008 LexisNexis Martindale-Hubbell posed the following question to provide a variety of views on this important topic: What are the most effective ways to negotiate strategic alliance agreements in complex commercial transactions? |
| 3 | SEC Issues Guidance on the Use of Company Websites Kramer Levin Naftalis & Frankel LLP; September 6, 2008, previously published on August 2008 On August 1, 2008, the Securities and Exchange Commission (the "SEC") issued Interpretive Release No. 34-58288 (the "Release"), which became effective on August 7, 2008, to provide guidance on the use of company websites to disclose information effectively and consistently with... |
| 4 | Delaware Court of Chancery Revisits Directors' Duty of Good Faith and Obligation to Maximize Sale Value Daniel V. Folt, Matt Neiderman; Duane Morris LLP; September 6, 2008, previously published on August 27, 2008 One of the most important protections available to directors of Delaware corporations is an exculpatory charter provision permitted by §102(b)(7) of the Delaware General Corporation Law (the "DGCL"). |
| 5 | Seventh Circuit Addresses "Joint Employer" Issue Under FMLA Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; September 6, 2008, previously published by Indiana eAuthority on August 28, 2008 The federal appellate court with jurisdiction over Indiana recently addressed the "joint employer" issue under the Family and Medical Leave Act (FMLA) for the first time. |
| 6 | New York Implements Its Own WARN Act for Small, Private Employers Christine V. Bonavita, Penelope Jones; Blank Rome LLP; September 6, 2008, previously published on September 2008 In the face of economic downturn, New York has now become one of approximately 19 states that have enacted legislation aimed at minimizing the economic impact of a significant reduction in force or a business closure on displaced workers. |
| 7 | Experimental Use Exception to the On-Sale Bar of 35 U.S.C. § 102(b) Is Unavailable After an Invention Has Been Reduced to Practice Mark M. Supko, Jennifer H. Burdman; Crowell & Moring LLP; September 6, 2008, previously published on August 29, 2008 In In re Cygnus Telecommunications Technology, LLC, Patent Litigation (Nos. 2007-1328, -1329, -1330, -1331, -1332, -1333, -1354, -1361, 08-1023; August 19, 2008), the Federal Circuit affirms a summary judgment of patent invalidity under the on-sale bar of 35 U.S.C. § 102(b). |
| 8 | District Courts Warned to Provide Greater Scrutiny over Inequitable Conduct Defenses Mark M. Supko, Michael I. Coe; Crowell & Moring LLP; September 6, 2008, previously published on August 27, 2008 Star Scientific, Inc. v. R.J. Reynolds Tobacco Co. et al. (No. 2007-1448; August 25, 2008) involves two patents (U.S. Patent Nos. 6,202,649 and 6,425,401) directed to a process for substantially preventing the formation of certain carcinogens in tobacco during tobacco curing. |
| 9 | Changes to Product, Coupled with Opinions of Counsel, Compel Reconsideration of Willfulness Finding Mark M. Supko, Richard R. Diefendorf; Crowell & Moring LLP; September 6, 2008, previously published on August 29, 2008 Slight changes to original product, coupled with opinions of counsel on possible infringement, compel reconsideration of a jury determination of willful infringement under the Federal Circuit's recently adopted "objective recklessness" standard, a Federal Circuit panel concludes in Jan K.... |
| 10 | California Case Law Potpourri: Age Discrimination, Text Message Privacy, No-Match Letters, Meal Period Decision, and Cost of Training Reimbursement Jacqueline Beaumont; Morrison & Foerster LLP; September 6, 2008, previously published on August 2008 Over the last few months, federal and state courts have issued a number of important new employment law decisions. Some, but not all, of these cases place additional burdens on employers defending claims at trial. Other cases bring needed clarification to previously ambiguous issues and should be... |
