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Articles

  • Claim Construction Deference: The Paradigm Shifts

    In a win for Teva Pharmaceuticals, the U.S. Supreme Court abandoned the Federal Circuit's long established rule that the patent claim construction rulings of trial courts are not to be accorded any deference upon appeal.  On January 20, 2015, the Court held in Teva Pharmaceuticals USA,...

  • Don't Send Your Association's Email Lists To Criminals

    By: Jefferson C. Glassie, Stacey L. Pine*

    By: Jeff Glassie and Stacey Pine On an almost daily basis, we hear about a high profile company falling victim to a cyber-attack.  While the news media has been replete with stories about high profile, for-profit businesses falling victim to computer hackers, nonprofit associations are now...

  • Travel Safe: Managing the Legal Risks that Arise from International Operations

    By: Jefferson C. Glassie

    By Jeff Glassie This article originally appeared in the Winter 2014 edition of “Risk Management Essentials” a publication of Nonprofit Risk Management Center.

  • The New Virtual Reality: Virtual Patent Marking

    The US Patent and Trademark Office submitted a report to Congress outlining the progress and underutilization of virtual patent marking in the three years since it became available under the America Invents Act (AIA). The report was directed at analyzing the effectiveness of “virtual marking” as a...

  • FTC Increases HSR Act Thresholds: "Size of Transaction" Test Increased to $76.3 Million

    By: Frank S. Jones, Jr.

    The Federal Trade Commission has revised the filing and other dollar-denominated thresholds contained in the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”).  These adjustments are made annually based on ch

  • Why What We Call Our Business Is So Critical

    A trademark protects a company’s goodwill and reputation.  The owner of a legitimate trademark may prevent others from using a similar mark that is likely to cause confusion among consumers as to the relationship or affiliation of the two entities or their products or services.  A company...

  • Secure Bike Parking Now Required in D.C. Residential Buildings

    By: Jhumur Razzaque

    By Jhumur Razzaque The District of Columbia has adopted rules requiring residential buildings with eight or more units to provide secure bicycle parking spaces, effective as of November 28, 2014. These rules have been added as sections 1214, 1215, and 1216 to Chapter 12 of Title 18 of the District...

  • A Brief Overview of Maryland's New Law, "Charitable Enforcement and Protection of Charitable Assets"

    In 2014, Title 6.5, entitled “Protection of Charitable Assets,” was added to the Business Regulation Article of the Annotated Code of Maryland.  This new law went into effect on June 1, 2014.  The new title relates to “charitable assets” that are given, received or held for a “charitable...

  • Ex-Officio Directors Get Voting Rights in California

    By: Eileen Morgan Johnson

    Take-away: Beginning January 1, 2015, a nonprofit organization that was incorporated in California will no longer be able to have ex officio directors who do not have voting rights.  

  • The Changing Impact of Comprehensive Planning on Zoning

    By: John B. Gontrum

    Recent decisions from trial and appellate courts have marked a major point in the evolution of importance of comprehensive plans to zoning decisions.   Although there has always been a close relationship between comprehensive plans and development regulations, the relationship between...