Hypothetical 3

It appears from careful analysis of your client's insurance policies, that the entire infringement matter may be covered by their business insurance policy. You immediately call your client to give her the great news. She politely disagrees with your analysis and is quite afraid that her carrier will cancel her policy if she files a claim. You have confirmed your reading of the client's policy and verified same with a senior associate in your firm's insurance section.

After you discuss the situation with your practice group partner, she tells you to explain the options to the client via e-mail and prepare a Memorandum-To-File ("MTF") for future reference.

A)Find the appropriate insurance language and include it in your e-mail and MTF, and the legal support for same;

B)Succinctly summarize your research findings on the law of intellectual property infringement covering misappropriation of trade secrets, trademarks, trade dress and copyrights for the client e-mail and MTF;

C)Explain to the client the relevant steps in filing an injunction under the Texas and Federal rules of procedure and your theory of damages under each cause of action, as well as, any potential defenses that could be raised by the defendant.

Your best client, not the one mentioned above, has offered you an all expense paid trip to the US Open finals this weekend, but before you leave your client e-mail and the MTF must be finished by this Friday at 5:00 PM.