The test for substantial similarity is a doctrinal mess. Â In response, recent commentators have called for the inclusion of expert testimony at this stage of an infringement analysis. Â Graham Ballou,…
Recently, the Court of Chancery in eBay v. Newmark doubted the ability of firms to cite a threat to corporate culture as legitimate grounds for implementing a takeover defense. Just over a…
Since the financial crisis of 2008, many contractual partners who formerly looked rock solid have experienced major cash-flow problems. In addition, it has always been the case that in some…
Do Facebook, Twitter, and MySpace require courts to Tinker with the Supreme Court’s student speech trilogy of Tinker to Bethel to Morse?Michael J. Kasdan examines the struggle to define the proper place of so-called “student internet speech.”
For U.S. filmmakers, the People’s Republic of China represents a prodigious market opportunity. Yet, true exploitation of the market is simply chimerical due to an obstinate web of import quotas,…
When student-athletes seek representation or advisement to evaluate post-collegiate playing opportunities, their eligibility may be in jeopardy. Steven Olenick suggests a checks and balance system to truly evaluate post-collegiate playing opportunities for…
Scott Gelin and G Roxanne Elings analyze the current standard of contributory liability in the wake of Tiffany (NJ) Inc. v. eBay, in which the Second Circuit affirmed the Southern District’s finding that eBay…
While the government’s encouragement—and even reliance—on third-party monitoring of citizens is not a new phenomenon, the emergency exception to the SCA adopted in the Patriot Act oversteps constitutional bounds by…
Paul A. Ragusa and Jack Chen discuss the on-sale bar to patentability in the context of nascent software. They conclude that a simple investigation concerning whether software code was complete at the time…
On June 24, 2008, ABC Executive Vice President Howard Davine wrote a memo to ABC’s executive producers and show-runners which suggested that there may be no need to license a…