Faruki Blog

Jade Smarda

About Jade Smarda

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If You Practice in the Sixth Circuit, then It's Time to Reassess Your Standard Protective Order

The U.S. Court of Appeals for the Sixth Circuit just issued an opinion that should have all litigators who practice in its courts revisiting their.. Read More

San Francisco, Sinister Text Messages, and Scandal: Recent Case Handled by FI&C First to Address Review of Racist Officer Texts, and Bloomberg BNA Just Offered Its Take

Following media coverage on the San Francisco police officers accused of sending racist text messages? You're not alone. We are living at a time of.. Read More

Doe v. Gangland: Why Breaking a Confidentiality Agreement with a Former Gang-Member is a Bad Idea

For those of you into true-crime documentaries, have you ever wondered how producers get criminals and accused criminals to talk on the record? In.. Read More

How the Yankees Got "The House that Juice Built" Tossed Out of the Game

In 2008 and 2009, drug use among professional athletes was a big story. The "Mitchell Report," released in late 2007, exposed widespread steroid use.. Read More

SCOTUS' Tale of Two Trademarks: How a Happy Ending to IP Litigation Often Depends on Early Strategy Before USPTO

On March 24, 2015, the U.S. Supreme Court issued two decisions: Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No... Read More

Patently "Wrong": The U.S. Supreme Court Ends Federal Circuit's Overuse of "De Novo" Standard When Reviewing Trial Courts' Patent Claim Construction Rulings

"The Federal Circuit was wrong," wrote Justice Breyer in a majority opinion in which the United States Supreme Court's dissatisfaction with the.. Read More

Fighting for Market Share: Why Past Battles Over IP Matter Even When Your Patent Ceases To

The single-serve coffee industry is brewing up a set of interesting legal issues relating to the interplay of patent and antitrust law. Thanks in no.. Read More

Can Keurig Copycats Compete for Christmas Cash?

While waiting my turn in line at a Starbucks in Southern California recently, I was eyeing the holiday-oriented merchandise that the coffee shop had.. Read More

The Federal Circuit's Recent Changes to the Law on Induced Patent Infringement Borrow, Once Again, from Criminal Law

A criminal defendant cannot avoid criminal liability by arranging for others to complete a crime on his behalf, so why should a civil defendant be.. Read More

When Confronted with a Hearsay Analysis, Do Not Turn to the Hearsay Exceptions First

In an age where cases settle far more often than cases go to trial, it is important for litigators to keep their knowledge regarding evidentiary.. Read More
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