Mail Service on Foreign Parties Allowed

The U.S. Supreme Court ruled unanimously in late May that the Hague Service Convention does not bar a U.S. litigant from using the mail to serve process on a party in another country that, like the U.S., has ratified the Convention, unless that foreign country specifically has objecte
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TECHNOLOGY, ANALOGY AND THE COMMON LAW

“The common law is a growing tree,” a 19th Century Pennsylvania judge wrote. “Its principles must be continually adapted to new facts, and the changing conditions of modern life.”[1]   Technology has been a frequent changer of modern life.  The New York Court of Appeals recently had t
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COURT SUSTAINS “WHISTLEBLOWER” CLAIM UNDER NEW YORK’S REVISED NOT-FOR-PROFIT CORPORATION LAW

Following a multi-year effort, New York State adopted a comprehensive revision of its statute governing not-for-profit corporations that took effect in mid-2014.[1]  Part of the revision was the enactment of a “Whistleblower Policy,” the purpose of which is “. . . to protect from reta
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New Federal Trade Secret Right Created

With President Obama’s signature on May 11, 2016 of the Defend Trade Secrets Act of 2016 (“DTSA”), a new intellectual property right under federal law came into existence in the United States.   The statute, passed almost unanimously in both houses of Congress, creates one particularl
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Defining Occurence In Insurance Policies

A basic risk management tool for just about any kind of organization is its liability insurance coverage.  Despite its ubiquity, however, some fairly basic provisions of a liability insurance policy, such as its definition of an occurrence, can still yield unpleasant surprises,
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The New York Commercial Division Adds New Rules

The Commercial Division of New York’s Supreme Court turned 20 in 2015, an occasion marked by a conference and accompanying booklet on its accomplishments (link here: https://www.nycourts.gov/courts/comdiv/NY/PDFs/CDbrochure.pdf), and, in the last few weeks, by a 12-minute video birthd
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Ninth Circuit: “Fair Use ” Doctrine Must be Weighed Before DMCA Take-Down

You’ve just posted a too-cute video of your 13-month-old son bopping to a song (“Let’s Go Crazy” by Prince, as he then was) on YouTube.  It gets a couple of hundred views and then YouTube pulls it down– because Universal Music, in charge of playing copyri
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California Resale Royalty Act Can’t Apply Outside California

The major art auction houses’ spring sales in New York yielded a record US$2.5 billion in May, but not one penny of it will go to artists as resale royalties under California’s nearly 40-year-old Resale Royalty Act. On May 7, the en banc U.S. Court of Appeals for the Ninth Circuit
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Virginia Supreme Court Sidesteps Decision on “Unmasking” Standard for Anonymous Posts

When a business is attacked in an anonymous website post, the first hurdle it typically faces in seeking redress is identifying who wrote the post.  The problem can be a particularly serious one for businesses that attract customers from review sites.  Those who follow this area of th
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Fewer Bites at the Apple for Trademark Registration Issues?

A party usually gets one chance to establish or dispute a claim, and then one chance to appeal as of right.  The application of that rule in a late March decision from the U.S. Supreme Court has trademark lawyers re-thinking the interplay between proceedings before the Trademark Trial
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Ads Claiming Disease-fighting Properties: D.C. Circuit Affirms FTC’s POM Ruling – EXCEPT for Double Randomized Control Test Requirement

Food, drinks and supplements that hold out hope of making you fitter or saving you from illness are a big business globally, so it’s hardly surprising that they’ve drawn skeptical government attention. One of the highest-profile U.S. law enforcement proceedings
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2014 Recap: New York State Commercial Division Rule Changes

With 2015 still young, it’s a good moment to recap some major rule and other changes adopted by New York State Supreme Court’s Commercial Division in the year just ended:
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