Trial Notebook


Subsidiary has to hand over documents held by parent

In a trade secret case where Life Spine Inc. alleged Aegis Spine Inc., a former distributor of Life Spine’s spinal implant device, used confidential information to help its parent corporation — a South Korean company named L&K Biomed — develop and market a knockoff, Life Spine asked U.S. Magistrate Judge Young B. Kim to order Aegis to hand over documents held by L&K.

For the Defense


Remote jury trials will create more problems than they solve

“Don’t mistake activity for achievement” was a maxim often preached by legendary basketball coach John Wooden. It is also is polite way of chastising those who implore “do something” to address a problem that they have not sufficiently thought through and thus have not yet developed a proper solution to address. That is the situation with the current backlog of criminal and civil jury trials to which remote jury trials is being suggested as the answer.

Global IP

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Data exclusivities could harm COVID-19 treatment patent innovation

This is the first part of a two-part column. The second part is expected to publish Aug. 19.

Insurance Matters


Court rejects ‘claim within a claim’ under claims-made policy

The 7th U.S. Circuit Court of Appeals recently held that an argument for the award of damages in underlying litigation first made against the insured more than a decade after the litigation commenced, was not a “claim” that could give rise to coverage under a claims-made policy in effect when the argument was first asserted.

Cotter’s Corner


Reactions differ on Supreme Court leaks, internal workings

Joan Biskupic recently had a four-part series on that addressed leaks and internal workings of the Supreme Court. This past term showed us that the justices’ and SCOTUS’ plumbing was working, when the famous “flushing justice down the toilet” incident happened in May. It now appears that the plumbing might need to be reexamined in light of the significant leaks taking place.

Modern Family


COVID-19 impacts financial side of divorce process, valuing assets

Like many other facets of our daily lives, COVID-19 has created special challenges in divorce proceedings. Many are familiar with the unique challenges COVID-19 places on parenting time and parenting decisions, but COVID-19 also affects the financial side of the divorce process and has exacerbated already complicated financial issues. Specifically, COVID-19 has created a peculiar problem with respect to valuing assets.

Opening Statement


Larry Novak: The musical might behind the CBA Bar Show

This was one of the hardest columns I’ve ever had to write.

Opening Statement


Stumbling on a gem of a film from 1978

Recently two words have been increasingly creeping into our daily conversations, both of which describe an activity that has become most prevalent since the pandemic has confined many of us to our homes.

Opening Statement


The only play this weekend that comes with appellate briefs

William Shakespeare would have turned 456 years old this year were he still alive.

Lex Sportiva

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Student-athlete COVID-19 waivers likely will face court challenges

In early March, the NCAA cancelled the remainder of all winter sports as well as all upcoming spring sports. Despite uncertainties as to whether fall sports would follow suit, the NCAA announced in June that the plan is to proceed with fall sports under the same formats and timelines.

Opening Statement


Online play ‘The Line’ spins a firsthand tale of pandemic

For the past five months we have lived through the chaos and turmoil created by the COVID-19 pandemic.

Sports Marketing Playbook


NASCAR bans Confederate flag, leagues, brands take own stands

In a year already packed with one shock after another for the sports world, NASCAR’s decision to ban the Confederate flag at its events is a welcome — if not surprising — turn of events.
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