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Intellectual Property Law: America Invents Act and Critical Changes to Contracting Practices
Bowie & Jensen’s Michael Oliver explains the legal impact of the recent America Invents Act (AIA) and what type of changes it means for intellectual property law.
Read MoreEstate Planning: A New Measure of Certainty for Estate Planning
The new American Taxpayer Relief Act of 2012 enacted in response to the infamous Fiscal Cliff now provides estate and financial planners with more definite rules for the foreseeable future. The Federal estate tax exemption was set to drop from $5.12 million per person to $1 million per person in 2013. This would have meant…
Read MoreEmployment Law: Effect of Same-Sex Marriage Law on Employers’ Legal Obligations
The legalization of same-sex marriage in Maryland was brought to referendum in the form of “Question 6” in the 2012 election. The much publicized and hotly debated issue passed by a wide margin, allowing couples of the same gender to obtain a state recognized marriage license for the first time.
Read MoreIntellectual Property Law: "HarBowl" story offers a lesson on business law
Low barriers to entry in certain businesses breed rapid response and quick-to-market products that capitalize on “in the moment” mania. Often the in-the-moment-mania products derive from long standing famous trademarks owned by aggressive trademark enforcers. Buyers should be beware of these types of aggressive trademark enforcers prior to making costly investments. Here is a hint.…
Read MoreIntellectual Property Law: The previous play is under review.
“The previous play is under review.” San Francisco 49er’s quarterback Colin Kaepernick is the latest on a long list of celebrities and sports figures to turn to trademark law in the effort to protect something believed to be rightfully theirs. These efforts are sometimes fleeting, and they often bring the ire of fans. However, the…
Read MoreIntellectual Property Law: Size Matters for TVs on Super Bowl Sunday
A familiar question dependably re-emerges at about this time each year. It essentially asks “can I get in copyright trouble for having a Super Bowl party with a big screen TV?” This post gives you some ground rules in order to spare everyone from the possibility of being arrested by the copyright police . (Disclaimer:…
Read MoreIntellectual Property Law: The bell has not yet tolled for permanent injunctions in patent cases
On January 10, 2013, the United States District Court, N.D. California, San Jose Division entered a permanent injunction against a patent-infringing defendant in BROCADE COMMUNICATIONS SYSTEMS, INC. v. A10 NETWORKS, INC., Dist. Court, ND California 2013 – Google Scholar. The ruling restrained the defendant and parties in active concert with it from “making, using, selling, or…
Read MoreIntellectual Property Law: When a Cease-and-Desist Letter Arrives, Keep Calm, Carry on, But Do Respond
The arrival of a cease-and-desist letter is an obvious warning; your choice among less obvious options in response may have a profound effect on your defense of any resulting lawsuit. It is usually less costly to bring or to defend a lawsuit in your home city and state than it is to litigate in unfamiliar…
Read MoreGovernment Contracts: Timing for Challenges to Solicitation Procedures
Challenges to Solicitation Procedures, Such as Amendments to Solicitations, Must Be Made Before Contracts are Awarded The Court of Appeals for the Federal Circuit confirmed that, where a protest is based upon a defect in the bid solicitation process, the protest must be made before the bid is awarded. In the case of Comint Systems…
Read MoreEmployment Law: Out With the Old, in With the New Forms for Employers Using Credit Information in Employment Decisions
As of January 1, any employer that uses an individual’s credit report as grounds for an adverse employment action is required to supply that individual with an updated “Summary of Rights” form under the Fair Credit Reporting Act (“FCRA”). The FCRA form was revised to conform to new financial regulations under the 2010 Dodd-Frank Wall…
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