Litigation

New York Law Journal

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Combating IP Theft Using Unfair Competition Law

David J. Kappos, a partner at Cravath, Swaine & Moore, and Gregory R. Baden, an associate with the firm, write: The typical headline—theft of intellectual property threatens U.S. companies—causes many to think of media reports about patent lawsuits or pirated music and movies. But there is another form of intellectual property theft that poses a great threat to American businesses while receiving far fewer headlines: the rampant theft of information technology by overseas competitors.

Five Commandments of Family-Owned Business Divorce

John R. Goldman and Belinda G. Schwartz, partners at Herrick, Feinstein, write that the consequences of intra-family battles on a family-owned business can be utterly disastrous. Successfully navigating the quagmire of greed, envy, long-simmering rivalries and vengeance requires a multitude of talents. A good business divorce lawyer must be an excellent litigator, negotiator, and psychologist, and a very trusted confidante. It is challenging work.

Come to a Full Stop

Avram E. Luft and Laura Zuckerwise of Cleary Gottlieb Steen & Hamilton write: When parties enter into tolling agreements, the conventional wisdom is that the potential litigation has come to a complete standstill. However, what most defendants fail to consider is that under New York law, while the claim against a defendant may be tolled, in the ordinary course prejudgment interest on that claim continues to run unabated.

Navigating Uncertain Procedural Rules of Federal Agencies

Kasowitz Benson Torres & Friedman's Michael Hanin and Leigh McMullan chronicle the history of the federal administrative court system and the rules of procedure that apply in agency courts, and then contemplate the reality that in most agency proceedings, the rules are, ultimately, what the agencies say they are.

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