Articles

Standing Out: Section 285 Attorney Fees in the District of Delaware

By Katharine Lester Mowery and Valerie Caras – September 22, 2020 | How the District’s courts since Octane have evaluated whether a patent case is “exceptional” and merits fee shifting under 35 U.S.C. § 2859

A Guide to Trade Secret Protection without a Non-Compete

By Joseph Casino, Thomas Landman, and Rikesh Patel – September 22, 2020 | In a world where employees routinely jump ship to competing companies, courts struggle over whether a presumption of inevitable disclosure of trade secrets protects core intellectual property or instead acts as a backdoor to a missing or illegal noncompetition clause.

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Practice Points

Tips for Trials in the Time of COVID-19: Practical Lessons Learned

By Melissa Ho and Edward Novak – November 18, 2020 | Trials are difficult and stressful in the best of times, but during the COVID-19 pandemic, courts have made changes to the process that require some advance planning.

Contract Boilerplate for Litigators Series

Read our series of articles that discuss various of the “boilerplate” provisions in the back of the contract that litigators typically wrestle with.

Audio

Tips on Advising Commercial Landlords: Is It Worthwhile to Pursue Defaulting Tenants for Unpaid Rent?

In this Sound Advice, Jared Katz discusses six fundamental issues a lawyer advising a commercial landlord should consider when evaluating whether to sue a tenant for a default on a commercial lease.

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