Featured Federal Law Update

Trademark Law  |  Expert Legal Commentary

Starbucks v. Wolfe’s Borough Coffee: “Substantial Similarity” Not Required to Prove Dilution by Blurring

By Thomas F. Zuber and Jan Jensen of Zuber & Taillieu LLP

The Second Circuit U.S. Court of Appeals held that the Trademark Dilution Revision Act of 2005 (“TDRA”) does not require proof of “substantial similarity” between the marks in question for a trademark owner to establish dilution by blurring. In Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 588 F.3d 97 (2nd… More...

Expert Legal Commentaries

Employment Law

Lindsay v. APFA: Employees Have No Private Cause of Action under the RLA

January 21, 2010

The Second Circuit U.S. Court of Appeals has held that two provisions of the Railway Labor Act (“RLA”), 45 U.S.C. section 152, do not provide a private cause of action… More...

Securities Law

Medical Mutual v. Indian Harbor: No D&O Coverage If Lawsuit Does Not Specifically Name Officer or Director

January 15, 2010

The First U.S. Circuit Court of Appeals held that a company cannot recover from its D&O insurance carrier the cost of fighting lawsuits or administrative cases that allege wrongful director… More...

Employment Law

Boucher v. Shaw: Imposing Personal Liability on Corporate Agents for FLSA Claims

January 11, 2010

The Ninth Circuit U.S Court of Appeals has held that personal liability for unpaid wages and overtime compensation under Fair Labor Standards Act (FLSA) can be imposed upon individual corporate… More...

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Copyright Law

Employment Law

Patent Law

Securities Law

Tax Law

Trademark Law

New Statutes, Regulations, and Rules

Patent Law

USPTO Announces Interim Procedure for Patentees to Request Patent Term Adjustment Recalculation

February 5, 2010

The United States Patent and Trademark Office (“USPTO”) is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee… More...

Securities Law

SEC Issues Amendments to Proxy Rules to Include Shareholder Proxy Vote on Executive Pay of TARP Recipients

February 4, 2010

The Securities and Exchange Commission (“SEC”, or “Commission”) has adopted amendments to the proxy rules under the Securities Exchange Act of 1934 to set forth certain… More...

Securities Law

SEC’s Final Temporary Rule Imposes New Reporting Requirements for Certain Money Market Funds

February 3, 2010

The Securities and Exchange Commission (“Commission” or “SEC”) is adopting an interim final temporary rule under the Investment Company Act of 1940 to require money market… More...

Other Federal Law Updates

Patent Law
New Proposed Legislation

President Obama’s Proposed Budget for USPTO for FY 2011 Up by 23 Percent

February 8, 2010

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (“USPTO”) David Kappos has announced President Barack Obama’s $2.322… More...

Copyright Law
New Federal Register Notices

Copyright Office Issues Final Rule Establishing Adjusted Fees for Its Various Services

January 26, 2010

The Copyright Office (“Office”) of the Library of Congress has published a final rule establishing adjusted fees for its services. More...

Copyright Law
New Proposed Legislation

Local Satellite Broadcast Programming Receives Boost with House Approval of SHVRA

January 25, 2010

The U.S. House of Representatives has passed by a vote of 394-11 the Satellite Home Viewer Reauthorization Act of 2009 (“SHVRA”), H.R. 3570. More...

Patent Law
New Proposed Legislation

Senate Judiciary Committee Passes Bill Banning Pay-for-Delay Settlements on Generic Drugs

January 21, 2010

The U.S. Senate Judiciary Committee has voted to pass a compromise version of Senator Herb Kohl’s bill banning pay-for-delay settlements that keep generic drugs off the… More...

Securities Law
New Proposed Legislation

House Passes by Voice Vote Bill Granting Expanded Powers to GAO to Litigate on Vital Federal Agency Records

January 21, 2010

On motion to suspend the rules, the U.S. House of Representatives has passed by voice vote and without any amendment H.R. 6388, otherwise known as the… More...

Tax Law
New Proposed Regulations

Treasury Department Recommends Changes to Tax Code Section 529 College Savings and Tuition Plan

January 18, 2010

September 9, 2009 report issued by the Department of Treasury (”Department”) discussed the benefits of 529s as a way to build savings for this critically important… More...

Feed From Law Shucks™

A self-deprecating look at life in and after BigLaw

Quick Shucks – 2/8/10

February 8, 2010

Sidebar – Shon Hopwood, Mediocre Criminal Turned Top Jailhouse Lawyer – NYTimes.com – Seth Waxman… More…

Top Posts for January ‘10

February 8, 2010

Below are our top posts for January. As usual, we don’t include our regular features… More…

Tips for In-House Counsel

New FDIC Guidelines Offer Helpful Hints for Real Estate Workouts

By Michael J. Zerman of Zuber & Taillieu LLP

On October 30, 2009, the Federal Deposit Insurance Corporation (“FDIC”), together with other federal regulatory… More...

IRS Liberalizes Rules for Restructuring Mortgages Held by REMICs

By Patrick Del Duca, H. Jacob Lager and Michael J. Zerman of Zuber & Taillieu LLP

The Internal Revenue Service and the U.S. Department of Treasury recently published new guidance to… More...

Tips for Practitioners

Parking Code Violations By A Landlord: A Tenant’s Opportunity to Re-Negotiate

By Kevin I. Shenkman and Michael J. Zerman of Zuber & Taillieu LLP

In today’s difficult economic climate, some commercial tenants are paying closer attention to parking code… More...

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