Product Description

Recent updates:

• Update: November 2020

  Dear Subscriber:

  Thank you for choosing to keep your intellectual property library up to date with this new edition of Intellectual Property Practice. Inside, you will find new discussions of topics including the following:

  • Random auditing of trademark registrations. See chapter 6 for information on what happens when a registration is audited, and what the owner is required to submit by way of proof of use. The chapter also notes the consequences of failing to provide proof of use.

  • Trademarks; cannabis products. In chapter 6, find a Practice Note pertaining to the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 (the 2018 Farm Bill), which updated the definition of "marijuana" to excise "hemp"—meaning cannabis plants and derivatives such as CBD that contain no more than 0.3 percent THC on a dry-weight basis. The reader is warned about the potential for refusal of registration for certain marks based on the applicant's trade practices.

  • Electronic signatures; online terms of use. Chapter 7 cites a 2020 decision on the issue of electronic signatures, the "E-Sign Act," and the copyright consequences of clicking "I agree" on social media sites.

  • Candor. See chapter 9 for a caution based on a 2020 Court of Appeals decision due diligence and avoiding the fact or appearance of violation of the duty of candor by patentee plaintiffs. The caution discusses potential consequences, including patent unenforceability, sanctions, reputation loss, and disciplinary measures.

  • FDA approval as intellectual property. Chapter 9 addresses the FDA's announcement of its position with regard to limited modifications to the manufacturing of devices approved through the PMA program or the Humanitarian Device Exemption (HDE) program during the COVID-19 public health emergency. Chapter 9 also discusses the FDA's proposed rule, 83 Fed. Reg. 63,127 (Dec. 7, 2019), to establish a process for submitting de novo classification requests as an alternative to a PMA submission.

  We at MCLE trust that you will find this new information useful in your IP practice, and valuable in maintaining your law library.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 01 expand

Evolution of Chapter 93A: National and Local Authority

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Donna L. Palermino, Esq.,

Chapter 02 expand

Bases for Liability Under Chapter 93A—Principles of Unfairness and Deception

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Jeffrey Gribouski, Esq.,
Patrick S. Tracey, Esq., Saul Ewing LLP

Chapter 03 expand

Public Enforcement

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Donna L. Palermino, Esq.,

Exhibit 3A

- Attorney General Letter to Gilead Buy Form

Exhibit 3B

- CID: Marketing and Sale of Insurance Policies to Business Owners Buy Form

Exhibit 3C

- CID: Sale and Financing of Home Improvement Repairs Buy Form

Exhibit 3D

- CID: Motor Vehicle Leases Buy Form

Exhibit 3E

- AOD: The Commonwealth and TD Bank, N.A. Buy Form

Exhibit 3F

- AOD: Force-Placed Insurance Premiums Buy Form

Exhibit 3G

- AOD: The Commonwealth and Viridian Energy, LLC Buy Form

Chapter 04 expand

Damages in Chapter 93A Cases

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Angela Bunnell, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP
James M. Vant, Esq.,
Mian R. Wang, Esq., Greenberg Traurig LLP

Chapter 05 expand

Initiating Chapter 93A Litigation

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Roger J. Bertling, Esq., Harvard Law School

Exhibit 5A

- Sample Demand Letter Buy Form

Exhibit 5B

- Sample Complaint Buy Form

Chapter 06 expand

Defenses and Exemptions

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Checklist 6.1

- Checklist of Chapter 93A Responses and Defenses Buy Form

Chapter 07 expand

Discovery and Trial Preparation

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Kenneth C. Pickering, Esq., Pickering Legal LLC

Exhibit 7A

- Sample Litigation Budget Buy Form

Exhibit 7B

- Trial Notebook—Index Buy Form

Exhibit 7C

- Sample Discovery Hypothetical Buy Form

Exhibit 7D

- Chronology Buy Form

Exhibit 7E

- Exhibit Checklist Buy Form

Exhibit 7F

- Proof Checklist Buy Form

Exhibit 7G

- Interrogatories Buy Form

Exhibit 7H

- Request for Production of Documents Buy Form

Exhibit 7I

- Request for Admissions Buy Form

Chapter 08 expand

Chapter 93A Actions: An Overview of Common Issues

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Kyle Bjornlund, Esq., Cetrulo LLP
Lawrence G. Cetrulo, Esq., Cetrulo LLP

Chapter 09 expand

Motor Vehicle Complaints Under Chapter 93A

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Diane L. Lawton, Esq.,

Chapter 10 expand

Chapter 93A Litigation Involving Debtor-Creditor Issues

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Nathaniel J. Hyman, Esq., Arent Fox LLP
Adam L. Littman, Esq., ArentFox Schiff LLP
Nicholas J. Nesgos, Esq., ArentFox Schiff LLP

Checklist 10.1

- Unfair or Unconscionable Conduct in Collecting or Attempting to Collect Debt (209 C.M.R. § 18.19) Buy Form

Checklist 10.2

- Examples of Conduct Constituting Harassment or Abuse by Collection Agencies Buy Form

Checklist 10.3

- Deceptive Debt Collection Acts or Practices Relating to False or Misleading Representations (209 C.M.R. § 18.18) Buy Form

Chapter 11 expand

Real Estate Transactions

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Christopher P. Maffucci, Esq., Casner & Edwards LLP

Exhibit 11A

- Sample Chapter 93A Claim Letter Buy Form

Exhibit 11B

- Sample Chapter 93A Response Letter Buy Form

Chapter 12 expand

Business Remedies Under Chapter 93A

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Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP

Checklist 12.1

- Defenses for Chapter 93A Claims Buy Form

Chapter 13 expand

Chapter 93A and the Insurance Industry

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Michael T. Maroney, Esq., Holland & Knight LLP

Exhibit 13A

- Chronological Digest of Published Decisions Involving Chapter 93A Claims Against Insurers Buy Form

Exhibit 13B

- List by Court and Date of Published Decisions Involving Chapter 93A Claims Against Insurers Buy Form

Exhibit 13C

- Chapter 580: An Act Further Regulating Damages Under the Consumer Protection Act Buy Form

Chapter 14 expand

Products Liability Claims and Chapter 93A

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Joshua S. Grossman, Esq., Davis, Malm & D'Agostine, PC

Checklist 14.1

- Required Elements of a Chapter 93A Demand Letter in a Products Liability Case Buy Form

Exhibit 14A

- Key Cases Interpreting Chapter 93A (Listed Alphabetically) Buy Form

Exhibit 14B

- Key Cases Interpreting Chapter 93A (Listed by Topic) Buy Form

Appendix

Chapter 93A Resources

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Author(s)