octnov2013

Consumer Lawyers’ Wary Eye On Coca-Cola v Pom Wonderful SCOTUS Case

Pom Wonderful sued Coca-Cola in 2007, claiming the label on its pomegranate blueberry juice was misleading because the product is 99 percent apple and grape.…

Antitrust Challenge Permitted by FTC v. Actavis May Be Limited

In June 2013, the U.S. Supreme Court released its decision on “reverse payment” settlements between brand-name and generic drug makers. Federal Trade Commission v. Actavis…

Enhanced Duty of Candor Before the PTO

A provision in the Manual of Patent Examining Procedure arguably broadens the duty to provide information that is material to patentability in respect to patent…

Understanding the Trademark Clearinghouse

The Internet is undergoing a significant makeover with the rollout of hundreds of new generic Top Level Domains (gTLDs). They will create a vastly expanded…

Thin Line Between Patent Litigation and R&D

Advanced technology companies today are essentially choosing to appropriate other companies’ technology rather than doing their own R&D, according to the author. They don’t acknowledge…

Multilingual Review in the E-Discovery Process

As a result of the increase in global commerce and international corporate disputes, discovery of large volumes of data in litigation is becoming common worldwide.…

Strategies in a Medical Device Patent Jury Trial

Developing a jury-friendly trial strategy in a patent case is critical to success. Reflecting on their medical device jury trial experience, the authors focus on…

The National Trend Toward “Ban The Box”

Recent legislative and regulatory actions by states and municipalities, and new efforts by the EEOC, are restricting consideration of criminal records in the hiring process.…

Delaware Forum Decision Good for Companies and Shareholders Too

In a recent Delaware Chancery Court decision (Boilermakers Local 154 Retirement Fund, et al. v. Chevron Corporation and IClub Investment Partnership v. FedEx Corporation, et…

Compensation Committee Mistakes when Hiring CEOs

There are three major mistakes made by compensation committees in hiring a new CEO: failure to set a compensation range before commencing the search, failure…

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