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International Trade

U.S. Sanctions Update: The Freeze Deepens In Iran And Syria; The Thaw Continues In Burma

U.S. sanctions against Iran and Syria have expanded rapidly in 2012, while sanctions against Myanmar (still referred to by the U.S. government by its pre-coup name, Burma) have been eased. These changes reflect the complex responses of U.S. policymakers to rapidly changing geopolitical, strategic...

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Entertainment | Sports | Telecommunications

First Amendment v. The Right Of Publicity: The Game Is On!

While watching a child’s friend play a video game, Ed O'Bannon, the star of UCLA’s 1995 championship basketball team, recognized himself as one of the avatars featured in the game.  O’Bannon observed of the avatar, “It didn’t have my name, but it had my...

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Intellectual Property

Is A Defendant A Willful Patent Infringer? Trial Courts Must Decide Whether The Actions Are Objectively Reasonable

The Federal Circuit’s recent decisions have sought to address a number of issues relating to damages in patent cases. In its recent decision in Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., No. 2010-1510, ___ F.3d ___ (Fed. Cir. June 14, 2012), available at http://www....

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Bankruptcy & Restructuring

Claim Estimation: Potential Pitfall For Creditors In Chapter 11 Matters

Claim estimation is another weapon in the arsenal of a debtor seeking to push its agenda or plan through the bankruptcy court. While not new, post-Stern v. Marshall, estimation may allow a bankruptcy court effectively to adjudicate claims over which it has no jurisdiction. Creditors (particularly...

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Bankruptcy & Restructuring

Legal And Jurisdictional Issues: Focus On Municipal Bankruptcy

Editor: Please tell us about your background and experience. Cademartori: I graduated from Fordham Law School in ’99, and before that I attended NYU as an undergraduate. I took a couple of years off between undergraduate and law school, working in Bangkok for six months during part of...

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Biotechnology | Healthcare | Life Sciences

In The Rush To Emerging Markets, Could Public Health Be The Winner?

What is the crashing noise so many pharmaceutical companies are hearing these days? Some say it is the sound of key products going over the “patent cliff.” The press has focused recently on the number of blockbuster drugs that are coming off or have come off patent. The news has...

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Technology

Litigating Trademark And Copyright Cases In The Metaverse

What Is Reality? In Neal Stephenson’s 1992 science fiction novel, Snow Crash,[1] humans battle each other as avatars in the “Metaverse,” the collective product of online shared three‑dimensional space.[2] While Stephenson's “Metaverse,” created by all...

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