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Davis & Gilbert – Litigation Newsletter


Davis & Gilbert LLP - Litigation Newsletter

Don’t let the slower pace of summer keep you from staying up-to-speed on your current business practices, especially those that may help you minimize your risk of litigation. In this issue, we report on recent developments in the areas of employment, commercial and intellectual property law, along with some practical advice to help you avoid costly disputes. 

Defining “Solicitation” in Restrictive Covenant Agreements >>

Going it Alone: Agreeing to Waive the Right to Bring a Class Action >>

An Alarming Rise in Patent Infringement Claims >>

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Litigating Copyright Claims:

Recent Developments and Practical Tips

Wednesday, September 21

This informative seminar will provide an update on recent developments in copyright law. It will focus on federal court cases in New York that highlight the:

increased use of motions to dismiss in copyright cases
appropriate use of expert witnesses in copyright cases
elements of “useful articles” that may be copyrightable
analysis of substantial similarity in a variety of contexts

In addition, this program will provide practical tips on important litigation issues, including the threshold for establishing originality; the use of discovery to prove or disprove access; the use of “prior art” in evaluating probative and substantial similarity; and the proof necessary for an award of “indirect profits.”

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