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.

Read More - Articles

Practice Points

Four Key Factors to Consider When Retaining an Expert Witness

By Juli Saitz – February 22, 2021 | Practitioners should be aware of newly developing case law disapproving of incentive awards for class action plaintiffs.

Five Tips for the Brave New World of Virtual Depositions and Trials

By Jennifer Axel – December 15, 2020 | The legal profession has been forced to evolve to gathering and presenting evidence virtually, requiring practitioners to modify their skills and strategy accordingly.

Read More - Practice Points

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.

Listen to More - Sound Advice

Start Your Membership

Join the Commercial & Business committee and maximize your Section membership!