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Novel 4th Circuit Case Applies Nassar

Jon Harkavy (Patterson Harkavy) sends us word of Foster v. UMES. Here's Jon's description: [Foster v. UMES] is a Fourth Circuit case from late last week that deepens a circuit split about application on summary judgment of UT Southwestern v....

Why The Copyright Board Decision Affirms Canadian Education’s Approach to Fair Dealing

The Copyright Board of Canada delivered a devastating defeat to Access Copyright on Friday, releasing its decision on a tariff for copying by employees of provincial governments. Yesterday's post provided a detailed review of the decision,...Show More Summary

"Commercial advertising and promotion" can't be conclusorily alleged

yesterdayIndustries / Law : 43(B)log

Jus Punjabi, LLC v. Get Punjabi Inc., 2015 WL 2400182, No. 1:14–cv–3318 (S.D.N.Y. May 20, 2015) Jus Punjabi, a cable and satellite television network serving the U.S. Punjabi community, sued Get Punjabi, a rival television network. Jus...Show More Summary

Obtained Emails Show FBI's General Counsel Briefly Concerned About Privacy Implications Of License Plate Readers

yesterdayIndustries / Law : Techdirt

According to documents obtained by the ACLU, the FBI briefly had a crisis of (4th Amendment) conscience while putting together its license plate reader program. How it talked itself out of its privacy concerns remains secret, as do any policies or guidelines addressing potential privacy issues. Show More Summary

Morning Docket: 05.26.15

What Dewey think the leaders of this failed firm -- Steven Davis, Stephen DiCarmine, and Joel Sanders -- were doing during Memorial Day Weekend? Odds are at least one was working on his tan prior to opening arguments at tomorrow's trial. Show More Summary

Yearbook of Comparative Labour Law Scholarship 2014

Steve Willborn asked me to post. CAS Just published: Yearbook of Comparative Labour Law Scholarship 2014. This is a collection of important articles that were published previously in one of the 25 journals of the International Association of Labour Law...

Preliminary Objections Against Allegations of Recklessness in Negligence Auto Accident Suit Sustained

yesterdayIndustries / Law : Tort Talk

In the recent decision in the case of Roma v. Finney, PICS Case No. 15-0641 (C.P. Northampton Co. Feb. 23, 2015 Beltrami, J.), the trial court sustained a Defendant’s Preliminary Objections in an automobile accident matter and ordered that the words “reckless,” “recklessness,” and “recklessly” be stricken from the Complaint. Show More Summary

DMCA hearings, LA: Guest post by Betsy Rosenblatt

yesterdayIndustries / Law : 43(B)log

Guest post from Betsy Rosenblatt The triennial Copyright Office DMCA exemption hearings began on May 19 for three days in Los Angeles before moving next week to Washington, D.C. for four more days. I attended the first two days, which addressed a wide range of topics. Show More Summary

LawAsia Employment Conference 2015

On the heels of Jeff's announcement of international labor conferences, Bernard Banks (Keily Thompson, New Zealand) writes to tell us of the LawAsia Employment Conference that will be held in Hanoi on 14 -15 August 2015. Here are the details:...

Meanwhile, In Japan: More Arrests For Cheating At Video Games

yesterdayIndustries / Law : Techdirt

Some months back, we noted that something odd was happening in Japan: online gaming cheaters were being arrested. Yes, arrested. Not arrested in a virtual sense, not banned from games, arrested as in picked up by police and charged with a crime. Show More Summary

Don’t get cozy with a laptop adapter and fall asleep

A California woman claims in her lawsuit that her “husband was using his Apple laptop when [she] fell asleep with her arm on top of the adapter for approximately 40 minutes. She woke up groggy, felt ‘itchy,’ and went to bed. The next...Show More Summary

USPTO Grants and Applications Both Down (Slightly) for FY2015

I am predicting that US patent grants will fall in Fiscal Year 2015.  The chart above shows that the expected numbers through September 2015 will likely be slightly below the all-time high of 300,000+ utility patents issued in FY2014.  The expected return of 298,000 is only 2% below 2014 numbers but remains almost double the output throughout the first decade […]

Would-be clients “happen not to have been born human”

A lawyer’s concession in an unsuccessful PETA suit against Sea World presaged a New York judge’s recent (corrected) ruling on chimpanzee rights [Jeff Stier, San Diego Union-Tribune] Tags: animal rights Would-be clients “happen not to have been born human” is a post from Overlawyered - Chronicling the high cost of our legal system

Banking and finance roundup

Home-court advantage: SEC wins against defendants 90 percent of the time when it litigates before its own judges [Jean Eaglesham/W$J, Thaya Knight/Cato, earlier] Oops! “Corporate Inversions Increase U.S. Tax Revenues” [Rita Nevada Gunn and Thomas Lys/SSRN via Paul Caron/TaxProf, related, earlier] “How U.S. Show More Summary

Suing the Ivies over discrimination against Asian-Americans

“A coalition of more than 60 Asian-American groups filed a federal discrimination complaint against Harvard University, claiming racial bias in undergraduate admissions.” A chance to find out how serious the university establishment,...Show More Summary

A Licence With Limited Value: Copyright Board Delivers Devastating Defeat to Access Copyright

The Copyright Board of Canada delivered a devastating defeat to Access Copyright on Friday, releasing its decision on a tariff for copying by employees of provincial governments. Access Copyright had initially sought $15 per employee for the period from 2005 - 2009 and $24 per employee for the period from 2010 - 2014. Show More Summary

Status of AIA Applications

Some applicants have asked about the current status of their AIA applications.  The chart above shows the current status of a sample of about 8,000 published patent applications claiming post-AIA status.  Because of the backlog of PTAB appeals, it will likely be 2017 before we start seeing substantive decisions on the merits of AIA appeals. About 7% […]

140Law - Legal Headlines for the Week of May 18th

Here are the leading legal headlines from Wise Law on Twitter: Ex-Israeli Premier Olmert Sentenced to 8 Months in Prison Change in overtime rules could lead to more suits over worker emails sent outside work Risk management strategies...Show More Summary

Doing online “reputation management”?

Don’t do it this way, advises Eric Goldman. Tags: libel slander and defamation, nastygrams Doing online “reputation management”? is a post from Overlawyered - Chronicling the high cost of our legal system

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