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Intellectual Property
Creating, Building And Protecting A Strong And Memorable Brand
Editor: Please tell us about your practice. Klein: My practice focuses on trademark and copyright law and also covers a wide variety of issues relating to social media, data protection and privacy, rights of publicity and unfair competition. I have a very practical, business-oriented approach,...
Read MoreLitigation
The Future Of The “Fraud On The Market” Presumption In Securities Litigation: A Not-So-Basic Question
On March 5, 2014, the Supreme Court will hear oral argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. This much-anticipated case will provide the Court with an opportunity to reexamine the “fraud on the market” doctrine – a central tool for...
Read MoreFinance | Private Equity
Incentive Equity Compensation Survey: Private Equity Firm Portfolio Companies
Kramer Levin has prepared the 2013 Private Equity (“PE”) Portfolio Company Incentive Equity Compensation Survey (the “KL Survey”). The KL Survey analyzes key terms in incentive equity compensation programs offered by private equity firm portfolio companies. In...
Read MoreTechnology
Commercial Drones In The United States: The First Test Case
Editor: You are representing Raphael Pirker against the FAA in an important test case involving civilian drone use in the United States. What is the case about, and what kind of drone is involved? Schulman: This is the first-ever litigation in the United States involving the operation of...
Read MoreAlternative Dispute Resolution (ADR)
Supreme Court Continues Trend Of Carving Back Class Actions
The United States Supreme Court returned its focus to the parameters of class action litigation in three important decisions issued during its most recent term. The decisions in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), Oxford Health Plans LLC v. Sutter...
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Judicial Approval Of Deferred Prosecution Agreements
In a July 1, 2013 decision of apparent first impression, Eastern District Judge John Gleeson held that district courts have authority to review substantively, and to determine whether to approve or reject, deferred prosecution agreements. In United States v. HSBC Bank USA, N.A. and HSBC Holdings...
Read MoreFinance
Second Circuit Addresses American Pipe Tolling And “Relation Back” In Federal Securities Class Actions
On June 27, 2013, the Second Circuit resolved a question of law that previously had been unsettled in this Circuit when it held, in In re IndyMac Mortgage-Backed Sec. Litig., No. 11-2998-cv(L), that the Supreme Court’s tolling rule established in American Pipe & Construction Co. v. Utah...
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