Articles

U.S. Legal Holds Across Borders: A Legal Conundrum?

Volume 13, Issue 1 (Jun 2012)

U.S. legal holds present a conundrum that confronts the bar and bench with increasing frequency. It is the result of a clash between broad U.S. preservation obligations mandated by existing case law and stringent privacy and data protection laws in other jurisdictions, including European Union (“E.U.”) member states.  The challenge requires a multinational litigant to

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Kenneth N. Rashbaum, Matthew Knouff & Melinda C. Albert, U.S. Legal Holds Across Borders: A Legal Conundrum?, 13 N.C. J.L. & Tech. 69 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/06_13NCJLTech692011-2012.pdf.

Dynamic Innovative Inefficiency in Pharmaceutical Patent Settlements

Volume 13, Issue 1 (Jun 2012)

Ineffective policing of bad patents remains a main focus of the academy with respect to Hatch-Waxman challenge settlements, but the potential of the challenge structure for weakening justified, good patents has gone relatively unnoticed. Currently, the most rational target for a generic challenger is a highly profitable patent, whether it is weak or strong. The

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Ian Hastings, Dynamic Innovative Inefficiency in Pharmaceutical Patent Settlements, 13 N.C. J.L. & Tech. 31 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/05_13NCJLTech312011-2012.pdf.

Genetic Testing and Testimony in Toxic Tort Litigation: “Admissibility and Evaluation”

Volume 13, Issue 1 (Jun 2012)

Official guidelines must be promulgated in order to assist with case-by-case judicial admissibility determinations of genetic testing evidence in toxic tort litigation. Emerging technology, specifically advancements in genetic testing, could prove highly influential in toxic tort litigation. Genetic testing data can, in many cases, provide evidence of both (i) proof of exposure to a toxic

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Jennifer M. Champagne, Genetic Testing and Testimony in Toxic Tort Litigation: “Admissibility and Evaluation”, 13 N.C. J.L. & Tech. 1 (2011), available at http://ncjolt.org/wp-content/uploads/2016/09/04_13NCJLTech12011-2012.pdf.

Contrasting Levi v. Abercrombie with Louboutin v. Yves St. Laurent: Revealing Appropriate Trademark Boundaries in the Fashion World

Two recent trademark cases illustrate the best and worst of trademark law for the fashion industry. In Levi v. Abercrombie, the Ninth Circuit joined the Second Circuit in allowing a trademark dilution claim to stand where the junior mark was significantly different from the senior mark. This holding promotes an overwhelming advantage for designers who

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Brandy G. Barrett, Recent Development, Contrasting Levi v. Abercrombie with Louboutin v. Yves St. Laurent: Revealing Appropriate Trademark Boundaries in the Fashion World, 13 N.C. J.L. & Tech. On. 1 (2011), http://cite.ncjolt.org/13NCJOLTOnlineEd1.

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