Monthly Archives: March 2013

In Comcast v. Behrend, Supreme Court Ups the Ante for Class-Action Certification

Earlier this week, the Supreme Court issued a ruling that should change the nature of class-action lawsuits in the United States. In Comcast v. Behrend, more than two million current and former Comcast customers sought class certification to sue the cable company for overcharging its subscribers. The issue before the court? Joshua Roberts at law… Read more »

Trademark Clearinghouse for Top-Level Domains (gTLDs) Launches March 26, 2013 – FAQ

[Link: gTLD Update for February 2013 – Sterne, Kessler, Goldstein & Fox P.L.L.C.] “The universe of generic top-level domains (gTLDs), currently limited to about a dozen gTLDs such as .com, .net, and .org, will likely explode later this year, as some of the more than 1000 potential new gTLDs are rolled out, including vanity TLDs,… Read more »

Supreme Court Strikes Blow to Class Action “Forum-Shopping”

“At issue in Standard Fire Insurance Co. v. Knowles was the transparent attempt by a named plaintiff to ouster federal court jurisdiction by ‘stipulating’ that the damages sought through a class action complaint would not exceed the $5,000,000 minimum jurisdictional limit of CAFA.” (Barger & Wolen) On March 20, 2013, the Supreme Court handed down… Read more »

Massachusetts Tells Retailers Who Collect Customer ZIP Codes to… “Zip It.”

“’May I have your zip code?’ is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts.” (Mintz Levin) On March 11, 2013, Massachusetts became the second state in the union after California to prohibit retailers from collecting customer ZIP codes when processing purchases via credit card. The background, from attorneys… Read more »

IP Law News: Latest Need-to-Know from JD Supra

  What’s new in intellectual property law? For starters: the White House strategy for combatting theft of US trade secrets, the Trademark Clearinghouse, and the growing backlash against “patent trolls.” You should know… 1. The Obama Administration’s strategy on trade secret theft: “Theft of trade secrets by persons acting on behalf of foreign governments and… Read more »

Off-Label Marketing Opinion Sends Warning to Pharmaceutical Companies

“The Ninth Circuit has reopened a door for off-label marketing prosecutions, and it is important to review your compliance and risk management programs in light of this recent decision.” (Sheppard Mullin) Earlier this month, the Ninth Circuit issued an opinion that sends an important warning to pharmaceutical manufacturers: the First Amendment doesn’t protect off-label marketing… Read more »

[Video] Corporate Law Report – On SEC News

Welcome to the latest edition of the Corporate Law Report. You know what to do: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. Gabelli v. SEC: Supreme Court in Gabelli: Clock Starts Ticking When Fraud Occurs, Not When It’s Discovered –… Read more »

Are You Ready for the ‘First-to-File’ Patent Change? It’s Just 5 Days Away…

[Link: What the First-to-File Patent Change Means (And What IP Strategists Should Do About It)] On March 16, 2013, the long-awaited “first-to-file” provisions of the America Invents Act go into effect. For your convenience, here’s a JD Supra roundup of most recent commentary and analysis on the historic change: Does The Experimental Use Exception Survive… Read more »

The SEC Speaks. Are You Listening?

“SEC Chairman Elisse Walter … remarked that the SEC should work to give investors access to information and protect them from unnecessary risks such as fraud, market manipulation, insider trading and market structure failures, but should not discourage all risk-taking, in order to allow for continued growth in public offerings.” (Katten Muchin Rosenman) In late… Read more »

On Predictive Coding – A JD Supra e-Discovery Reader

The day when robots start doing legal work might come sooner than you think… – Joanne Lee, Foley & Lardner As e-Discovery grows in importance and complexity, many are convinced that predictive coding will revolutionize the industry. For your reference, here’s a look at how predictive coding works, as well as its growing acceptance in… Read more »

Supreme Court Confirms Five-Year Statute of Limitations for SEC Penalties

“… the only federal crimes that have no statute of limitations are capital offenses that warrant the death penalty and certain terrorism, child abduction, and sex offenses. If the SEC were allowed an indefinite period of time in which to bring enforcement actions, the fraud alleged in those cases would be on par with the… Read more »