News

Second Circuit Firmly Aligns (for now) with the Robins Dry Dock Rule on Non-Recoverability of Pure Economic Damages Absent Physical Damage Under Maritime Law

By EsqSocial Corporation 20/12/13

The United States Court of Appeals for the Second Circuit in American Petroleum & Transport, Inc. v. New York, 2013 WL 6332548 (2d Cir. Dec. 6, 2013) recently - albeit reluctantly - joined the fleet of other federal circuit courts that have applied...

Rhymin’ & Stealin’ & Filin’ Lawsuits

By EsqSocial Corporation 20/12/13

Last month, I wrote about the preemptive lawsuit filed by GoldieBlox, a toy retailer, against the Beastie Boys. GoldieBlox sought declaratory relief that their use of the Beastie Boys’ song “Girls” in a GoldieBlox advertisement constituted fair use,...

The State and Impact of Florida’s Economic Loss Rule

By EsqSocial Corporation 20/12/13

In March of this year, the Florida Supreme Court departed from established precedent and limited the application of the economic loss rule to product liability cases. The court explained that this was necessary given the rule’s unprincipled expansion...

Employment Law -- Dec 20, 2013

By EsqSocial Corporation 20/12/13

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit Court of Appeals held that an...

December 2013: Structured Finance/Antitrust Update - Major Banks Face New Antitrust Investigations and Civil Suits

By EsqSocial Corporation 20/12/13

On the heels of the investigations into manipulation of LIBOR and price-fixing in the aluminum markets, the world’s largest banking institutions now face new inquiries from domestic and international antitrust regulators into allegations of...

TC's inside IP - Winter 2013: The AIA: Reviewing the First Year of Inter Partes Review

By EsqSocial Corporation 20/12/13

September 16, 2013, marked the one-year anniversary of the implementation of the America Invents Act, and with it, the introduction of an important tool for challenging the validity of an issued patent at the U.S. Patent and Trademark Office – Inter...

Baucus Proposes Reforms to Energy Tax Incentives

By EsqSocial Corporation 20/12/13

Senate Finance Committee Chairman Max Baucus (D-MT) released a proposal on December 18 that would streamline energy tax incentives to make them more predictable and technology-neutral. The proposal consolidates several different energy tax...

In Defense of Patenting

By EsqSocial Corporation 20/12/13

Fritz Machlup, an economist, once said that if we didn't have a patent system it would be irresponsible to recommend one, but since we have one, it would be irresponsible to abolish it. An Economic Review of the Patent System (Subcomm. on Patents,...

Supreme Court to Address Presumption of Prudence for ERISA “Stock Drop” Cases

By EsqSocial Corporation 20/12/13

The Supreme Court agreed on December 13, 2013 to review an issue critical to ERISA “stock drop” cases and important more generally for ERISA individual-account plans that invest in employer stock....
By: Ropes & Gray LLP

Using Your Smartphone at an Accident Scene

By EsqSocial Corporation 20/12/13

When you get into an accident, the one thing you might grab before leaving your vehicle is your phone. These days, it’s all you need to capture information from an accident scene until you are able to contact a Phoenix car accident attorney....

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