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Full-Text Articles in Law

The Categorical Imperative: In Search Of The Mythical Perfect Privilege Log So Devoutly To Be Wished, Jared S. Sunshine Jan 2024

The Categorical Imperative: In Search Of The Mythical Perfect Privilege Log So Devoutly To Be Wished, Jared S. Sunshine

Touro Law Review

Though evidentiary privilege is amongst the most perplexing fields of the law, privilege logs are assuredly amongst the most vexing. With vastly increased discovery in the age of electronically stored information, the burdens incurred by individually articulating claims of privilege on every document have grown gargantuan. In desperate search of efficiencies, many commentators and courts have looked to “categorical” privilege logs that assert claims over generic groups of similar material rather than over each item seriatim. Disputes, however, have remained distressingly acrimonious, as these new categorical logs have proven no cure-all for the fundamental divergence of interests between litigants in …


International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales Jan 2024

International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales

Touro Law Review

Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.