Kubicki Draper’s Post

We have heard some horror stories already this year so far from clients with regards to their PII renewals. The article written by Elizabeth Ward from Virtuoso Legal - Intellectual Property Specialists is a stark warning for practices that have not had to renew their PII so far this year. Virtuoso Legal have just experienced a 100% increase in their premiums, as a non-transactional firm with a clean claims record! Elizabeth sets out the reasons for the price increases, and what we need to do as a profession to collectively come together to combat the changes. If you have renewed your PII already in 2024, how have you found the experience? Drop us a comment below. https://lnkd.in/eQWGRwrw The Law Society Gazette #lawfirmmanagement #lawyers #solicitors

We have heard some horror stories already this year so far from clients with regards to their PII renewals. The article written by Elizabeth Ward from Virtuoso Legal - Intellectual Property Specialists is a stark warning for practices that have not had to renew their PII so far this year. Virtuoso Legal have just experienced a 100% increase in their premiums, as a non-transactional firm with a clean claims record! Elizabeth sets out the reasons for the price increases, and what we need to do as a profession to collectively come together to combat the changes. If you have renewed your PII already in 2024, how have you found the experience? Drop us a comment below. https://lnkd.in/enrFQr2N The Law Society Gazette #lawfirmmanagement #lawyers #solicitors

HC: REJECTS PETITION SEEKING ARBITRATOR’S APPOINTMENT ABSENT ‘PRIVITY OF CONTRACT’ BETWEEN PARTIES Bombay HC dismisses petition filed by a company (engaged in the business of construction and land development) seeking appointment of an arbitrator u/s 11 of the Arbitration Act to adjudicate disputes arising out of a Memorandum of Understanding (MOU), on finding that there is no privity of contract between the Petitioner and the Respondent-Trust; Asserts that “The Petitioner company which is a third party and not a party to the contract cannot enforce the terms of either the MOU or the arbitration clause contained in the MOU”; Explaining that the arbitration agreement must satisfy the principles of contract law under the Contract Act in addition to the requirements of Sec. 7 of the Act to qualify as a valid agreement, HC states the principles of Contract Act also envisage the doctrine of privity which means that a contract cannot confer rights or impose liabilities on any person except the parties to the contract, thus, a third party cannot acquire rights and entitlements under a contract to which he is not a party; Further, HC highlights that MOU clearly indicates that the intent was only to record a broad understanding between the parties to MOU as regards development of the property and it was agreed that once the terms of the MOU were complied, appropriate legal documentation would ensue; Thus, opining that the conduct of the parties does not remotely suggest any direct relationship of the Petitioner company with the signatory parties, commonality of subject matter and performance of the contract, HC concludes that “Since the Petition itself is not maintainable, it is not required to deal with the other objection of the Respondent that the claim is time barred.”:Bombay HC The judgment was delivered by Justice Dr. Neela Gokhale.

Utrecht Law Review just published a study of Dewy Pistora, Remme Verkerk and me about the duration of commercial cases between 1 million and 5 million EUR in the Netherlands. The study takes the perspective of the litigants. It examines cases in which first instance judgments are appealed. In many of these cases other related procedures ensue. We follow cases as they wind their way through the court system. We find that a substantial number of high value cases are not concluded within a reasonable time, due in particular to the accumulation of procedures. There is a very wide spread of the time taken for disposition. For prospective litigants, it is not easy to predict the duration of litigation. The ensuing uncertainty makes it harder for them to assert their rights. To combat undue delay, strong time management of the whole process beyond individual courts and individual procedures is required. Parties and judges would need to seek mutual agreements and/or procedural directions that avoid an accumulation of different procedures before different courts pertaining to the same dispute. Copy - paste this link in your browser: https://lnkd.in/dseE5vZJ

I’ll be joining NYIPLA’s PTAB Committee tomorrow afternoon to participate in a conversation about one of my favorite topics - appealing rejections at the USPTO. As you know - my strategy is to keep feeding patent examiners RCEs until they are bored enough to allow something very narrow. If you appeal, you will upset the examiner, and be placed into patent purgatory. But seriously, appeals are an extremely useful tool when yielded correctly. I have filed over 160 of them in my career, and I love hearing from USPTO on the topic of RCE v Appeals. I will also be sharing a presentation that is aligned with what I frequently discuss on my PHOSITB blog - analytics of common arguments in PTAB decisions. Register with the below link and tune in! #patents #patentlaw #patentattorney

New Who's Who Legal reports for 2024 are out and our Competition team has confirmed their last year rankings. Raško Radovanović is once again a Recommended practitioner while Anja Tasic is noted as a Future Leader. Many thanks to everyone who took part in the review process. #whoswholegal #lexology #competition

Join Tiffany Lewis for the 37th Annual Advanced Intellectual Property Law Live Webinar on January 31, where she will be speaking on proving #damages. Attendees may be able to earn MCLE hours. Learn more and register at the link below. https://lnkd.in/eK8pRChH #IP #intellectualproperty #webinar #propertylaw #provingdamages

#One business partner’s conduct is detrimental to another’; #Bombay HC grants interim relief u/s 9 to aggrieved partner, in absence of efficacious remedy u/s 17 of Arbitration Act, 1996 Due to the respondent 1’s brazen disregard for the status quo order, the Court in absence of a Section 17 remedy, had to grant an interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. #Bombay High Court: #In rival petitions before a Single Judge Bench of Arif S. Doctor, J., filed by partners, i.e., petitioner and respondents 1 and 2 of respondent 3, a construction company (“Firm”), owing to certain differences, where the petitioner contended that the respondents 1 and 2 were dealing with the business of the Firm to his detriment. The contending parties had referred their case to arbitration as per the Partnership Deed between them, for which a Sole Arbitrator was appointed by the Court. #The instant Court had issued a status quo order, effective till the final decision of the Arbitral Tribunal. The Court noted that the petitioner had blatantly violated the status quo order by commencing construction at a Firm’s property. Therefore, the Court dismissed the petitioner’s petition. #However, the respondent’s petition for the appointment of a Court Receiver to safeguard the Firm property was allowed....

In international construction arbitration, you only get a single appearance before each tribunal. This requires you to think differently about arbitral advocacy: (1) The three arbitrators are unlikely to have been appointed together before and will probably never be again. Some may have never met before, and some may be old friends (2) Fundamental aspects of the dispute, such as the form of contract and the applicable law, can be different so that even a previously known arbitrator may have sound reasons to think and act differently when faced with the same facts (3) Arbitrators are not always professional decision-makers, may have entirely different spheres of expertise, and may have very different professional and cultural expectations. Understanding arbitrators' different situations and how and why they think differently from judges can be critical for effective arbitral advocacy. You have just one opportunity to present your case before the tribunal. You had best get it right. ____ If you want more of these insights, sign up for my newsletter: https://lnkd.in/g_mQDNGB ____

Are you looking to achieve HOA/COA Board Certification? Explore our upcoming course dates scheduled over the next few months, with the first session on January 23rd at 9:30 am! Jennifer Englert, our managing partner and a seasoned association law attorney, will lead these courses. To register or inquire for additional information, please get in touch with the email provided on the flyer above. #HOACOACertification #AssociationLaw #LegalEducation #HOACourse #OrlandoLawyer