Articles From Daniel Kegan | Illinois State Bar Association

Intellectual Improbabilities By Daniel Kegan Intellectual Property, July 2016 New and notable intellectual property updates.

Taking a default By Daniel Kegan International and Immigration Law, February 2016 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.

Intellectual Improbabilities^™ By Daniel Kegan Intellectual Property, November 2015 News and updates of interest to intellectual property law practitioners.

Taking a default By Daniel Kegan Intellectual Property, November 2015 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.

Intellectual Improbabilities^™ By Daniel Kegan Intellectual Property, August 2015 News and updates of interest to intellectual property law practitioners.

Life extension for lesser-known works By Daniel Kegan Intellectual Property, July 2015 Five steps to ensure an author's work remains available to the public.

Intellectual Improbabilities^™ By Daniel Kegan Intellectual Property, May 2015 Recent news and developments of interest to intellectual property law practitioners.

Intellectual Improbabilities^™ By Daniel Kegan Intellectual Property, January 2015 Recent news and developments of interest to intellectual property law practitioners.

Electronically stored information and reasonable retention vs. hoarding By Daniel Kegan Intellectual Property, November 2014 While most lawyers and law firms may not suffer as extremely as hoarders seen on TV, the similarities can sometimes be striking.

Intellectual Improbabilities^™ By Daniel Kegan Intellectual Property, November 2014 Recent news and developments of interest to intellectual property law practitioners.

Gary A. Rosen, Unfair to Genius: The Strange and Litigious Career of Ira B. Arnstein, Oxford University Press, 2012, 307+xv pages By Daniel Kegan Intellectual Property, September 2014 Gary Rosen’s biography of copyright and perennial plaintiff Ira B Arnstein presents the perspectives of panel judges Leonard Hand, Jerome Frank, and Charles Clark as they wrestled with the right to summary judgment for a poor plaintiff’s case.

Intellectual Improbabilities^™ By Daniel Kegan Intellectual Property, June 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.

Creatives, entrepreneurs, and startups By Daniel Kegan Intellectual Property, May 2014 While Creatives, Entrepreneurs, and Startups follow unique paths, there typically are a few major pitfalls to minimize. Here are 19 brief guidelines; some are helpful reminders for established endeavors.

Intellectual Improbabilities^™ By Daniel Kegan Intellectual Property, May 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, February 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.

Surveys, science & skepticism By Daniel Kegan Intellectual Property, February 2014 Expert witnesses are used in diverse areas of the law, including intellectual property, and are typically paid for their work, as attorneys commonly are. A skilled expert may find consistent employment helping fact finders understand the evidence and implied facts.

Breaches of privacy and data—New risks, new insurance By Daniel Kegan Intellectual Property, October 2013 The Internet makes everything much easier, including breaches of privacy and data. Federal and state laws now create employer and data-custodian liability for such breaches. An information audit is suggested. Insurance targeted for these liabilities is now available.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, October 2013 Brief summaries or comments on interesting or important IP developments.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, March 2013 Eclectic snippets from recent events.

IP USA Federal Date Answers By Daniel Kegan Intellectual Property, March 2013 The answers to the questions posed in the second article of this issue.

IP USA federal date quiz By Daniel Kegan Intellectual Property, March 2013 Can you name the intellectual property events associated with these events?

Cloze & Flesch vs. Jarndyce: In re comprehension & readability vs. legalese By Daniel Kegan Intellectual Property, December 2012 How readable is your brief, how comprehensible? Cloze and Flesch tests give objective measures.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, December 2012 Eclectic snippets from recent events. PTO warns of insolicitous solicitations; INTA launches teen ed UnrealCampaign.com; ND CA issues ESI Guidelines; FTC recommends truth telling; Academia IP; Ars Gratia Artis; EU; etc.

Intellectual improbabilities™ By Daniel Kegan Intellectual Property, September 2012 Short summaries and comments on recent IP cases, Government requests for comment, and other notices.

Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2012 An eclectic gathering of recent intellectual property news and cases.

PTO notes By Daniel Kegan Intellectual Property, March 2012 News updates regarding the U.S. Patent & Trademark Office.

Trademark scam warning By Daniel Kegan Intellectual Property, March 2012 Be aware that private companies not associated with the United States Patent and Trademark Office often use trademark application and registration information from the USPTO’s databases to mail or e-mail trademark-related solicitations.

PTO focuses on feedback By Daniel Kegan Intellectual Property, December 2011 While the dedicated attention and oft’ times quick responses of Craig Morris and his team at the PTO are making communicating with the Trademark Office much more efficient, it still requires an experienced trademark professional to know the meaning of the diverse electronic choices and to efficiently evaluate how to respond to the non-automated examiners’ office actions.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2011 News updates affecting intellectual property attorneys.

Winning chances? Client relations, math, and ethics By Daniel Kegan Intellectual Property, June 2011 Clients and others often ask attorneys for the chances of winning a dispute. Attorneys often answer, but they should not. Mathematically the wrong question is asked; numerical answers likely violate legal ethics by incompetently providing incorrect and often deceptive information. A better response provides both valid case evaluation and client emotional support without fabricating false certainty.

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