Posts from October 2016.

Marketing to children on the Internet can be fraught with legal peril. That’s what two app developers found out when the Federal Trade Commission (FTC) accused them of allowing third-party advertisers to collect personal information from kids. The enforcement actions against LAI Systems, LLC and Retro Dreamer are the...Read More

Amendments to the Federal Rules of Appellate Procedure will take effect December 1, 2016. Steve Maher discusses the controversial change in reduction of type-volume limitations for appellate briefs.Read More

The Supreme Court will hear oral argument in Star Athletica v. Varsity Brands on October 31 to determine whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightable.Read More

Sometimes unlicensed contracting is as simple as failing to make sure your subcontractors are licensed in their respective trades. Sometimes it's not so obvious. Why does this matter? Because you could be facing an administrative, civil or criminal action.Read More

Can filing a motion for rehearing blow a party’s right to appeal? Yes! Suzanne Labrit outlines three common ‘minefields’ to avoid when considering a motion for rehearing.Read More

Non-attorneys are allowed to practice before the Patent Office. However, because they are not attorneys, there is an open question of whether attorney-client privilege extends to their communications with clients. This question has previously been determined on a case-by-case basis. The USPTO has proposed a new rule that...Read More

When is a motion for rehearing essential? Jake Monk explains when it is critical to move for rehearing in order to preserve an issue for appellate review.Read More

If your business has been accused of violating a local law, check with your attorney as to whether you actually face liability, particularly if you established your business practices in accordance with a state law.Read More

The Supreme Court heard oral argument in the long-running patent dispute Samsung v. Apple. The dispute centers on a jury award of damages in favor of Apple for Samsung’s infringement of design patents covering elements of the iPhone. While the parties agreed that the appellate court had applied the wrong standard, Apple...Read More

Before pursuing a tenant for damages, a landlord must decide whether there is value in pursuing a defaulting tenant for money damages. So how does a landlord decide? Read 10 things a landlord should consider in this post.Read More

The Supreme Court heard oral arguments in Samsung Electronics v. Apple, Incorporated today, the long-running patent dispute between the companies involving Samsung’s alleged infringement of Apple’s design patents covering certain aspects of the iPhone.Read More

Almost 200 public comments were filed by attorneys and private companies, all weighing in on the Daubert v. Frye standards.Read More

We review the issues and arguments presented, and summarize the opposing positions, on the pending question of whether Daubert or Frye will be the standard for admissibility of expert evidence in Florida courts.Read More

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