The Contract Disputes Act

Foley partner Lisa Noller, Chair of the Firm’s Litigation Department, will be speaking at the American Bar Association’s Qui Tam & Civil False Claims and Healthcare Fraud Institute in Washington, D.C. from May 27-28.

Trademark rights in the U.S. arise from use in commerce, not from registration alone. The Lanham Act's first-to-use framework means that a party who can demonstrate earlier, continuous commercial use of a mark holds superior rights over a later filer. This principle is the backbone of Gervin's case against Williams.

Exxon Mobil Corp.’s proposal to reincorporate in Texas from New Jersey is a classic type of corporate governance plan: The board considers a transaction, discloses its rationales and process, and puts the decision to its shareholders.