Tag Archives: litigation

ILN Today Post

Is Collaborative Law right for Your Family?

When a spouse files for divorce in court there are various paths the divorce process can follow.  The case can be litigated in court where neither party knows what the outcome will be and they leave their fate in the judge’s hands.  The parties can choose mediation and work with a mediator who listens to both spouses and attempts to reach settlement in one or two sessions, or;  the parties can choose to resolve their various issues using the Collaborative Law process.  In the Collaborative Law process the fate of the family is in the hands of those who know the family the best – the parents/spouses.

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ILN Today Post

When Is a “Firm Offer” Really Firm When Negotiating Talent Agreements? When the Term Sheet Says So

In talent contract negotiations, the talent’s agent often insists on what is commonly referred to as a “firm offer” to ensure that the negotiations are not just speculative. But when is a “firm offer” really firm and binding? A recent New York State Court decision concerning negotiations between E*TRADE representatives and the agent for the actor Harvey Keitel attempts to answer this question. The decision is instructive for anyone who uses term sheets as part of contract negotiations, and particularly when negotiating talent agreements.

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ILN Today Post

The Days of Patent Plaintiff Forum Shopping May be Over

For the past 30 years, it has been established patent practice for a patent holder to bring suit in any district where infringing sales were made. This has led to the Eastern District of Texas being one of the preferred venues of choice for many patent plaintiffs. However, the days of such forum shopping may be over. In a recent unanimous decision, the U.S. Supreme Court significantly tightened the requirements for venue in patent infringement lawsuits.

The decision, TC Heartland LLC v. Kraft Foods Group Brands LLC, requires that patent holders now must file suit in districts where the defendant is incorporated or where they have a regular and established place of business, a far more restrictive standard than in any district where infringing sales were made. The decision, which was cheered by technology industry groups, spells trouble for patent trolls, who have long used the specter of suit in unfavorable jurisdictions to threaten defendants.

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ILN Today Post

Breach Of Contract Claims Allowed For Alleged Open Source License Violations

Recently, in Artifex Software v. Hancom, Inc., a California district court refused to dismiss breach of contract claims for alleged violations of the GNU General Public License (GPL) in connection with the use of open source software. The decision signals a growing acceptance of contract law as a viable option for addressing GPL breaches.

Open Source Licenses
An open source license is a type of license for software that imposes fewer use restrictions than a standard proprietary license. Among other things, it is designed to govern the use of the software released in its human readable or “source code” form. Access to source code, which is not usually contemplated in commercial licenses, allows users to see the underlying “blueprint” for the software. Open source licenses range from “permissive” licenses, such as the Massachusetts Institute of Technology (MIT) and Berkeley Software Distribution (BSD) licenses, that contain few restrictions on reuse, to “copyleft” licenses (such as the GPL) that typically require that rights to use the covered software are preserved when the software is shared.

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ILN Today Post

Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act

May 10, 2017

Recent cases may suggest a shift in courts’ views on New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (TCCWNA). Plaintiffs have used the TCCWNA to attack an increasingly broad array of agreements, particularly online terms and conditions, and have often built their cases on mere technical violations unaccompanied by any real harm.

As discussed in a previous Alert, the past few years have seen a surge in these consumer class action lawsuits under the TCCWNA, as e-commerce sites – and their requisite online terms of use – have proliferated. Courts appear to be recognizing that plaintiffs have expanded this consumer protection law well beyond its drafters’ intentions, and some have begun reining in claims under the statute.

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ILN Today Post

Enforcing Restrictive Covenants Against Employees Discharged Without Cause

Can an employer enforce post-employment restrictive covenants (including agreements not to compete and not to solicit customers and employees) against an employee discharged without cause? According to two recent court decisions: yes and no.

The traditional view had been that employers could not enforce post-employment restrictive covenants against employees discharged without cause. In 2012, however, the U.S. Court of Appeals for the Second Circuit in Hyde v. KLS Prof’l Advisors Group, LLC suggested that even when an employer discharged an employee without cause, the enforceability of a restrictive covenant should be analyzed under BDO Seidman’s reasonableness test which courts apply in determining the enforceability of restrictive covenants against employees who voluntarily resigned or were terminated for cause.

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ILN Today Post

Colorado: Lawsuit over sales tax notification and reporting requirements settles

In the closely watched case Direct Marketing Association v. Brohl, the Direct Marketing Association, now known as the Data & Marketing Association (DMA), sued Colorado for its allegedly unconstitutional 2010 law subjecting internet retailers to notification and reporting requirements when the retailers cannot be required to actually collect the taxes. The law was the state’s attempt to capture some of the tax revenue lost to purchases over the internet when the seller has insufficient nexus with Colorado to be subject to tax collection laws.

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ILN Today Post

Shutts & Bowen Names Four New Partners

Shutts & Bowen LLP named four new partners during its annual meeting.

“These promotions exemplify Shutts’ commitment to recognize and reward leadership, integrity and legal acumen and to plan for the future growth and success of the firm,” said Managing Partner Micky Grindstaff.  “They also demonstrate Shutts’ diversity and our presence as a full-service business law firm throughout Florida.”

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Davis Malm Continues to Expand with Addition of Patrick T. Clendenen

Davis, Malm & D’Agostine, P.C. announces that Patrick T. Clendenen has joined the firm as a shareholder. Mr. Clendenen practices in the Litigation and Business Law areas. He is a seasoned trial lawyer with experience in sophisticated business and fiduciary disputes, including contracts, consumer financial services, products liability, business torts, class action suits, derivative actions, and securities matters. He also focuses on intellectual property litigation, including internet, patents, trade dress, and trade secret matters. Mr. Clendenen has represented a wide range of public and private businesses and corporate clients nationally in both state and federal courts across the United States. He also represents business and corporate clients in international cross-border disputes, both in litigation and alternative dispute resolution.

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Davis Malm welcomes

Davis Malm welcomes Patrick T. Clendenen to the firm.

Patrick Clendenen practices in the Business Law and Litigation areas. He is a trial lawyer with significant experience in sophisticated business and fiduciary disputes, including contracts, consumer financial services, products liability, business torts, class action suits, derivative actions, and securities matters. He also focuses on intellectual property litigation, including Internet, patents, trade dress, and trade secret matters. 

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