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|Illinois Appellate Court Extends Reach of IWPCA to Individual Defendant with Limited Illinois Contacts|
McMahon Berger A Professional Corporation;
October 30, 2013, previously published on October 25, 2013In September 2013, the Appellate Court of Illinois for the Second District affirmed a decision finding individual defendant Roy Brown liable for a violation of the Illinois Wage Payment and Collection Act (“IWPCA”) in Elsener v. Brown, 2013 IL App (2d) 120209 (Ill. App. 2nd Dist., Sept....
|The False Claims Act Public Disclosure Bar and the Meaning of “News Media”|
Berger Montague P.C.;
October 1, 2013Under the False Claims Act, 31 U.S.C. 3730(e)(4)(A)(iii), "the court shall dismiss an action or claim . . . unless opposed by the government, if substantially the same allegation or transaction as alleged in the action or claims were publically disclosed from the news media. Because...
|Supreme Court Extends Copyright “First Sale” Doctrine to Cover Goods Manufactured Overseas Exclusively for Foreign Distribution and Sale|
Glenn G. Pudelka, Lawrence R. Robins; Edwards Wildman Palmer LLP;
March 25, 2013, previously published on March 2013In a long-awaited and far-reaching opinion, the United States Supreme Court today overturned the Second Circuit’s holding in Kirtsaeng v. John Wiley & Sons, Inc., holding that the First Sale Doctrine (17 U.S.C. §109(a)) applies to goods manufactured in foreign countries (exclusively...
|Save Dollars: Alternative to Excessive Cost of Newspaper Publication of Annual Notices|
Harter Secrest Emery LLP;
March 21, 2013, previously published on March 2013As is too well known, the costs of publishing legal notices in some papers is high, but there might be a low-cost alternative.
|Supreme Court Decides Kirtsaeng v. John Wiley & Sons, Inc.|
Jared B. Briant, Calvin L. Litsey, Aaron D. Van Oort, Leita Walker; Faegre Baker Daniels;
March 20, 2013, previously published on March 19, 2013On March 19, 2013, the Supreme Court decided Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, holding that copyright law's "first sale" doctrine applies to copies of a copyrighted work lawfully made abroad.
|Losing the Right to Fight? Associations Can’t Pursue Copyright Claims on Behalf of Their Members|
Meredith Ainbinder; Sunstein Kann Murphy & Timbers LLP;
February 21, 2013, previously published on January 2013One of the biggest innovations to hit the publishing world has been Google’s ability to digitize and provide search access to millions of books. A corresponding phenomenon has hit the legal world: copyright disputes concerning Google’s activities in this realm.
|Thin Copyrights - Protected But Not Infringed|
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
January 30, 2013, previously published on January 24, 2013Some appellate decisions are worth examining because they plow new ground. Others serve to explain the ground that was plowed. This decision - dealing with substantial similarity (or lack thereof) between two sets of stick figures - is among the latter.
|The Interface Between District Court Litigation and Contested Office Proceedings under the AIA: Petitioner Estoppels|
Donald R. Banowit, Jonathan M. Strang; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
November 26, 2012, previously published on November 21, 2012The petitioner who loses an IPR will be estopped from raising any issues in district court (and the ITC) that it raised or reasonably could have raised in the IPR.
|Maine Press Association Disclosures on Campaign Communications: A Primer for Newspapers|
Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
November 7, 2012, previously published on Fall 2012Maine statutes establish certain disclosure requirements in connection with political advertising in newspapers and on newspaper websites. This is a primer on those requirements and updates an earlier version dated May 10, 2010. The updates are meant to incorporate changes in the law,...
Durkin Law PC;
October 9, 2012, previously published on Fall 2012Art law involves legal issues surrounding the creation, protection, distribution, and disposition of visual art otherwise known as “pictorial, graphic, and sculptural works." It is the federal crime of criminal counterfeiting of a copyright if a person manufactures clothing products...