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19 Sep 2013, 7:58 am
Our next post will explore strategies in class action engagement. [1] For additional discussions of class actions, see John F.X. [read post]
17 Sep 2013, 7:08 am by Broc Romanek
Anderson that a stockholder loses standing to maintain a derivative action when the stockholder's shares are converted into cash or shares of another corporation in a merger, except where (1) the merger itself is subject to a claim of fraud as being "perpetrated merely to deprive shareholders of their standing to bring or maintain a derivative action," or (2) the merger is "essentially a reorganization that does not affect the plaintiff's relative ownership in the… [read post]
10 Sep 2013, 4:41 am by Benjamin Wittes
” His broader point is that my logic does not fully justify my claim of legality: Ben bases this assertion on a series of interrelated arguments, none of which, in my view, actually get him all the way to his conclusion: (1) Things aren’t not as bad as the bad-old days of the 1970s; (2) “nobody can argue that it is a lawless or crazy interpretation of the statute; in fact, it’s on its face quite plausible”; (3) the FISA Court… [read post]
9 Sep 2013, 8:24 pm
 Category: 103    By: John Kirkpatrick, Contributor TitleNovo Nordisk A/S v. [read post]
9 Sep 2013, 12:00 pm by Michael C. Dorf
Charter permits the use of armed force in exactly two circumstances: (1) when authorized by the Security Council; or (2) in response to an armed attack. [read post]
9 Sep 2013, 6:36 am by Rebecca Tushnet
  It identified (1) vagueness, (2) subjectivity, and (3) inability to influence buyers’ expectations as key factors in distinguishing puffery from non-puffery. [read post]
9 Sep 2013, 5:10 am by Terry Hart
Intellectual property law should (1) “Propertize creative labor,” (2) “Grant real rights, but not absolute rights”, and (3) “Accommodate the needs of consumers and users by (a) facilitating and encouraging cheap and easy IP permission and licensing mechanisms, together with (b) simple waiver techniques that permit binding dedication of rights to the public. [read post]
5 Sep 2013, 8:40 am
Practice Tip #2: The Copyright Act does not protect general ideas, but only the particular expression of an idea. [read post]
4 Sep 2013, 5:22 pm
” In re Adler, at *8 (text added).[2] “While the Board’s explanation may go into more detail than the examiner’s, that does not amount to a new ground of rejection. [read post]
30 Aug 2013, 3:23 am by John L. Welch
All that is required to secure a filing date are: (1) The name of the applicant; (2) A name and address for correspondence; (3) A clear drawing of the mark; (4) A listing of the goods or services; and (5) The filing fee for at least one class of goods or services.Text Copyright John L. [read post]