Insight

Now Amex Has Its Privileges US Supreme Court Upholds Anti-Steering Rules

August 2, 2018

Credit card companies have been responsible for some of the most memorable advertising slogans. Beginning in 1975, Amex pitchman Karl Malden cautioned cardholders, “Don’t Leave Home Without It.” In the 1980’s, Visa reassured consumers that its card was “Everywhere You Want to Be.” Not to be outdone, MasterCard countered with its “Priceless” campaign.

Insight

Bitcoin Boom Are Cryptocurrencies Securities Subject to Regulation by the SEC

July 26, 2018

Bitcoin was launched in January 2009 as the world’s first cryptocurrency — a digital asset designed to function as a currency that is created and managed by decentralized computers, using encryption techniques instead of a central bank or other government authority.
 

Insight

Will SAS Sow Seeds of Chaos and Uncertainty?

May 30, 2018

On April 24, the Supreme Court addressed a procedural point concerning inter partes review (IPR); namely, whether after electing to review one or more challenged claims, the Patent Trial and Appeal Board (PTAB) must resolve the patentability of all of the challenged claims, or may limit its review to only some of those claims. SAS Institute, Inc. v. Iancu, Case No. 16-969 (April 24, 2018). While the issue addressed in SAS was seemingly technical, many commentators see the decision as a game changer that will dramatically impact IPR strategy, and the conduct of IPR proceedings going forward.
 

Insight

The Supreme Court Upholds the Constitutionality of Inter Partes Review

May 16, 2018

On April 24, 2018, the Supreme Court upheld the Constitutionality of inter partes review (IPR) (a procedure allowing private parties to challenge previously issued patent claims on the ground that they are obvious or not novel). Is the Decision a Game Changer That Will Sow Chaos and Uncertainty?
 

Insight

The Supreme Court Takes Up the E-Commerce Sales Tax Debate

April 16, 2018

The accelerating growth of e-commerce has been a boon for Internet entrepreneurs. But, the Internet revolution has been less kind to state governments who remain unable to collect sales taxes from online retailers without a “physical presence” in their state. Thus, as e-commerce has grabbed a larger slice of the retail sales pie, the sales tax base of many states has shrunk. A current case out of North Dakota stands to change that. Read on to learn more.

Insight

Leading Voices Weigh in On TIKD Antitrust Suit

April 4, 2018

In December of last year, we wrote an article about an Antitrust case concerning the Florida Bar and TIKD, a tech startup that makes legal services (e.g., handling traffic tickets) accessible to Florida residents through a smartphone app. Since then, the DOJ has filed a Statement of Interest in the suit, solidifying its interest in the matter and aligning its position with that of companies like TIKD, LegalZoom, and Avvo that are seeking to compete in this market. We interviewed some of the leading voices in this case to get their take on this issue. Read on to learn more.

Insight

Alexander Graham Bell Day Calls for Patent Trivia Time to See How Phone Smart You Are

March 7, 2018

Do you know when Bell patented his idea for the telephone? Or what was said in the first telephone call in history? Some fun phone patent history for you here followers in honor of Alexander Graham Bell Day and a suggestion on how to best celebrate this inspiring American inventor.

Insight

Legal Analytics: A New Moneyball for Lawyers

February 13, 2018

Have you heard of CaseCrunch? The litigation predictor program that beat human lawyers with a margin of almost 25%. While we don't believe computers will soon, or ever should, replace lawyers entirely, do you see areas of the law where an AI approach to litigation prediction can prove beneficial to human lawyers and clients alike?

Insight

When a Musical Misstep by Disney Means Millions, It’s Hard to Let It Go!

December 27, 2017

How many times have you heard your kids singing Let It Go!, the pinnacle and pivotal song from Disney’s $1.3B hit, Frozen? Even with an Academy Award for Best Original Song, Chilean artist, Jamie Ciero, in his recent copyright infringement suit against Disney over the song that’s worth millions is claiming: it is not original. We’ll let you decide.

Insight

Daubert Quiz: How to Hedge Uncertainties

December 14, 2017

Even with a Happy Meal, some investors still aren't happy. A recent credit swap collusion case out of the Southern District of New York shows how to prove a reliable assumption, even with uncertainties. And, how to disprove it, too. Are you up for the challenge? Let's see if you're an expert whiz with this Daubert quiz.

Insight

The Florida Bar Faces Antitrust Suit: How Many Lawyers Does It Take

December 5, 2017

In a recent lawsuit filed in Florida, an internet-based ticket-handling service app, TIKD, claims the Florida Bar, in conjunction with the Ticket Clinic, have conspired to drive TIKD out of business. With allegations of unauthorized practice of law, antitrust, conspiracy in restraint of trade, and tortuous interference at stake, we have to wonder: How many lawyers is it going to take to prove or defend these claims?