Featured Columns

Tony Volpe, IP litigator and co-founder of Volpe and Koenig.

Doing Business in the New First-To-File Patent Environment

Anthony S. Volpe | January 4, 2017

Many small business entities find that they occasionally have a new product or process for which they wish to seek patent protection. Some of those small businesses may have had some prior experience with the patent ­process. Unfortunately, many of the prior patent laws changed with the advent of the America Invents Act (AIA). The AIA made fundamental changes in the consequences associated with a business engaging in market activities prior to the filing of a patent application and many commercial entities that occasionally pursue patent protection have not made the necessary adjustments in their internal procedures.

Young Lawyer

  • New Year Resolution: Be Proactive in Your Choices

    By Dena Lefkowitz

    I am not a big fan of New Year ­resolutions. Turning the calendar page from December to January does not make one eager or ready to change long-standing habits and disillusionment often follows. But there is a year-end tradition that is both reflective and proactive—taking inventory of your world with an eye toward what is working, what you want more of and less of in your life and letting go of any perceived or real failures once you have gathered whatever gems they have to offer in the way of opportunity and awareness.

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Business of Law

  • Don't Fear Failure: It's an Opportunity for Success

    By Frank Michael D'Amore

    This month's column arose out of two recent conversations that occurred only hours apart. The first was a discussion with a trial ­lawyer who had just suffered a major defeat. A jury returned a huge verdict against his client and it was a tough blow, as it was a long and hotly contested case.

  • 6 Biggest Career Mistakes Made by Lawyers: Part One

    By Frank Michael D'Amore

    Thirty-two years in the legal ­profession, the last 15 of which have been as a recruiter and consultant, has provided a unique perspective on the career paths of lawyers. I have witnessed some, who I would have bet would become wildly successful, fall far below ­expectations. Others, who, early in their careers, were not superstars, ultimately rose to extraordinarily high levels, much to the surprise of many who started with them.

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Litigation

  • Six Arbitration Agreements—And No Arbitration

    By Abraham J. Gafni

    That federal policy favors ­arbitration agreements is well-recognized. Indeed, the Federal Arbitration Act (FAA) specifically provides that, "a written provision in any ... contract evidencing a transaction involving commerce to settle by arbitration a controversy arising thereafter arising out of such contract or transaction ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract" Accordingly, all doubts must be resolved in favor of arbitration.

  • Admissibility of Industry Standards After 'Tincher'

    By David R. Kott and Christopher A. Rojao

    This is the second part of a two-part article analyzing the admissibility of a product's compliance with industry standards at trial in strict products liability actions. In the first part, we provided an overview of the admissibility of industry standards in Pennsylvania before Tincher was decided and discussed the court's holding in Tincher, focusing on its overruling of earlier, infamous Pennsylvania cases Azzarello and Lewis. In this part, we will provide an analysis of cases addressing the admissibility of industry standards after Tincher and argue that defendants in strict products liability cases should now be permitted to introduce evidence of their products' compliance with industry standards.

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