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The three part test for imputation of employee knowledge contained in the Restatement (Second) of the Law of Agency is the proper test to apply in determining willful patent infringement. In Stryker Corp v. Intermedics Orthopedics Inc, the US Court of Appeals for the Federal Circuit improperly disregarded the undisputed fact that the in-house attorney with knowledge of the infringed patent did not know its relevance. The policy of encouraging new advances by balancing disclosure and protection of patent holders' right is best served by applying agency law.

The Fridman case decision held banks, trust officers, or other estate professionals cannot be sued for alleged mistakes in estate administration resulting in additional tax liability. Executors should instead seek reductions in fees, according to the court. The plaintiffs-beneficiaries in Fridman claimed the bank had breached fiduciary duties required under an agency agreement to act as the estate executor's agent.