How to Confront an NPE

In the vocabulary of intellectual property practice, a non-practicing entity (NPE) is a company whose business model consists of acquiring and enforcing patents through […]

Has the Supreme Court Cleared the Tracks for Mandatory Arbitration in Consumer Contracts?

Bilateral arbitration clauses (clauses that require arbitration and waive class proceedings), which have become common in standard consumer and employment contracts, have been targeted […]

Franchisors Wince as Some Courts Re-Label Franchisees as Employees

The franchise community was shaken following a series of court decisions that relabeled franchisees as employees of the franchisor. Jani-King and Coverall North America, […]

Five Litigation Trends that can Keep Executives Awake at Night

The author identifies several trends in litigation that should be of concern to executives. First on his list is false advertising claims. These include […]

Copyright Issues Proliferate on the Net

As companies realize the extent of their own copyrighted works, they also find they are prolific users of the copyrighted content of others. Most […]

Canada’s New Appetite for Antitrust Litigation

Commissioner of Competition v CCS Corporation, decided in May 2012, was only the sixth litigated merger in Canada’s history. In bringing – and winning […]

Addressing Security Risks in the New Technologies

The emergence of cloud computing over the past several years has triggered new information security concerns. Despite the fact that more service providers are […]

Your Company May Not Own its Social Media Accounts

As employees promote themselves as well as their companies on social networking platforms, some questions inevitably arise. If an employee and the employer share […]

What Not to Say to Competitors, Post-Medimmune

Prior to the Supreme Court’s decision in MedImmune v. Genentech, courts used a “reasonable apprehension of suit” test developed by the Federal Circuit to determine […]

Using Discovery and Information Management Technology Efficiently

A common misperception is that if we could figure out the right e-discovery technology, a lot of money could be saved. The reality, the […]