by Michael F. Pezzulli 
Business owners, you may actually have insurance coverage for COVID-19 losses. If you are a business owner with insurance coverage, the recent ruling in Friends of Danny Devito, et. al v. Tom Wolf could be a significant advantage in obtaining relief from losses stemming from COVID-19 closure or business interruption.
Michael Pezzulli conducted a live webinar for the State Bar of Texas on a popular topic, “Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution” in March 2019. Attorneys with civil audit cases with a potential risk of criminal prosecution need to be aware of the many challenges involved to prepare appropriate, balanced strategies for their clients.
The curriculum fulfills 1.50 hours toward Texas MCLE requirements (.75 ethics hours). Attorneys active in the State Bar of Texas can access the recorded webinar (MCLE No: 174038645) at the Texas Bar CLE website. With this topic in high demand, Pezzulli has made the presentation handout available for anyone to download here: Pezzulli SBOT Presentation March 2019
by Michael Pezzulli
I’m sure most of you have seen the great ongoing patent litigation war between Gillette – of the consumer products giant Procter & Gamble – and the Dollar Shave Club. Gillette claims that the way Dollar Shave Club coats their blades with particular materials to keep them sharp violates a 2004 patent held by Gillette.
by Michael Pezzulli
The phrase “Cash is King” evokes warm feelings from most people in the business world. However, anyone engaged in business must understand that failing to follow the rules imposed by the U.S. federal government will create a situation where cash is definitely not king.
How you handle cash can define whether you are a law-abiding citizen or are guilty of a federal crime. Whether your money was earned honestly is irrelevant. What really matters is how you deposit or withdraw your money at your local bank.
by Michael Pezzulli1
In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2
The most stunning and successful experiment in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well for over two hundred years. It is the New England town meeting writ large. It is as American as rock ‘n’ roll.
by Michael Pezzulli1
In an earlier article, I discussed why Patent Trolling has been problematic for so many in the patent ecosystem. Fortunately, help may be on the horizon. Currently there is a bill in the U.S. Congress called the “Innovation Act.”2
The Innovation Act is significant in that it directs a party alleging patent infringement in a civil action to include in the court pleadings, if the information is reasonably accessible. It specifies details concerning:
by Michael Pezzulli 1
Trolls can be first seen in Norse folklore, focused mainly in the early Scandinavian countries that the Vikings had total control over—such as Norway and Sweden. The word “troll” actually evolved over time and wasn’t the first name of this type of creature. In the Scandinavian languages, the word is actually a root for just about everything mystical and magical. “Trolleri” was considered to be a type of magic that was intended to harm others and is probably the primary source for the term “troll” for these mythological creatures were considered to be particularly malignant, especially toward humans, in stories from folklore.2
Sadly, the Troll has crawled out from under the bridge and has firmly attached itself to Patent Litigation; however, it has never lost its malignant nature, especially towards humans and the innovation industry. This malignancy has continued to spread throughout the United States. “The number of patent lawsuits filed spiked by almost 30% in 2012 to over 5,000, with some of that increase attributed to the AIA’s ‘anti-joinder’ provision…. Patent infringement litigation shows no signs of cooling off, either as a means of generating revenue or of protecting competitive advantages.”3
By Michael F. Pezzulli
Discussion of the U.S. Supreme Court decision relating to concurrent jurisdiction in Racketeer Influenced Corrupt Organizations (RICO) claims. Presented to Dallas Bar Association, Business Litigation Section.
Federal courts are turning increasing attention to the continuity of the pattern of racketeering activity. The United States Supreme Court unanimously ruled in a 1990 case that state courts have concurrent jurisdiction over RICO claims.
By Michael Pezzulli and Charles J. Fortunado
Advanced Evidence and Discovery: Presented to the State Bar of Texas
An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use – or attempt to use – discovery and claims of privilege as both a sword and a shield.
By Michael Pezzulli and Charles J. Fortunado
How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas.
An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use or attempt to use discovery and claims of privilege as both a sword and a shield.
Texas Law Updates