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Results: 1-10 of 2,406

Court holds that website operator not liable without specific knowledge of copyright infringement
  • Locke Lord LLP
  • USA
  • January 12 2012

In a case of first impression, UMG Recordings v. Shelter Capital Partners, et al., the Ninth Circuit refused to hold a website operator liable for copyright infringement based solely on the operator’s general knowledge that some of the third party content on its site may be infringing copyright owners’ rights


New York Federal Court, applying Massachusetts law, holds that defense costs should be allocated by the joint and several method rather than the pro rata method
  • Locke Lord LLP
  • USA
  • February 28 2014

The Southern District of New York has issued an interesting opinion for allocation disputes decided under Massachusetts law. The case, which concerns


Massachusetts Federal Court shows little patience for poorly-pled Exchange Act claims
  • Locke Lord LLP
  • USA
  • October 15 2012

D&O issuers and policyholders concerned about their exposure to Exchange Act claims for overly optimistic wind-energy deals may be breathing easier in the wake of a Massachusetts federal district court's holding that a pension fund could not state a viable cause of action against American Superconductor


Market timing case goes to U.S. Supreme Court
  • Locke Lord LLP
  • USA
  • October 16 2012

D&O and E&O carriers alike will want to keep a close eye on the US Supreme Court this term


New York court dismisses Madoff claim against investment advisors & fund managers
  • Locke Lord LLP
  • USA
  • October 16 2012

A New York State trial court recently dismissed claims by the holders of variable life insurance policies, some of whose excess cash value was invested with Bernard Madoff’s securities firm, against various investment advisors and hedge fund managers


Fourth Circuit finds copyright transfers with electronic signatures to be valid
  • Locke Lord LLP
  • USA
  • October 22 2013

In a unanimous three-judge opinion, the United States Court of Appeals for the Fourth Circuit held that the "writing" and "signature" requirements


An “imbalance” favoring patentees in dueling patent litigation FRCP 12(b)(6) motion practice
  • Locke Lord LLP
  • USA
  • September 19 2012

A frequently employed tool in patent litigation is a motion to dismiss the complaint under FRCP 12(b)(6) for failure to state a claim of infringement


Illinois Supreme Court clarifies the standard of review for employers seeking to enforce restrictive covenants
  • Locke Lord LLP
  • USA
  • December 8 2011

Recently, the Illinois Supreme Court rejected several previous appellate court decisions and clarified the standard of review that must be applied to determine the enforceability of restrictive covenants in employment agreements


Second Circuit holds class action waiver in arbitration agreement not enforceable when precluding class proceedings would prevent plaintiffs from enforcing rights under federal antitrust statutes
  • Locke Lord LLP
  • USA
  • March 9 2012

In re American Express Merchants Litigation (“AmEx”), 2012 WL 284518 (2d Cir. February 1, 2012), is an action challenging the fees American Express charges to merchants who accept its charge and credit cards


The significance of Zhang v. California Capital Insurance Company
  • Locke Lord LLP
  • USA
  • August 2 2013

On August 1, 2013, the California Supreme Court issued its long awaited decision in Zhang v. California Capital Insurance Company. A copy of the