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Supreme Court Rules Abstract Ideas Implemented on Computer Not Patent-Eligible

On June 19, 2014, the U.S. Supreme Court unanimously ruled in the case of Alice Corporation v. CLS Bank International that patent claims for managing risk in financial transactions disclosed an abstract idea and were thus not eligible…more

Not Represented by the Same Counsel in This Court

Trial and appellate counsel may differ for a variety of reasons, not all of which reflect poorly on one or the other. On occasion, however, trial counsel may have acted so unprofessionally or ignorantly as to be the target of strong…more

FDA Issues 510(k)/Substantial Equivalence Draft Guidance Describes Benefit-Risk Factors Considered for New 510(k) Devices with Different Technical Characteristics

On July 15, 2014, the U.S. Food and Drug Administration (FDA) issued a Draft Guidance document titled Benefit-Risk Factors to Consider When Determining Substantial Equivalence in Premarket Notifications [510(k)]with Different…more

Skin in the Game: Why Washington, DC Matters

Put another way, while what goes on in the Nation’s Capital may seem distant and unrelated to building and sustaining a business, failing to closely observe, understand and, when necessary, interact with Washington can be potentially…more

4 Essentials Your Prevention of Workplace Violence Training Must Cover to Build a Safer Workplace

I had the pleasure of meeting Dr. Marc McElhaney of Critical Response Associates last year when he helped our company create our Preventing Workplace Violence training course. Dr. McElhaney is a highly respected expert in assessing and…more

House of Representatives Passes SAFETY Act Amendment

The U.S. House of Representatives took a major positive step towards increasing the nation’s cyber security posture today when, on a voice vote, it passed H.R. 3696, the “National Cybersecurity and Critical Infrastructure Protection…more

North Carolina Legislative Report

The General Assembly’s Short Session began Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the state…more

Law Firm Marketing: Engaging Your Prospects & Clients (How Not to Bore Your Audience to Death)

Last time I talked about how it is essential to build a relationship with your prospects and clients. (Read that here) When someone first meets you, often they are not quite ready to buy from you. Unless you are able to create and keep…more

An Assessor Must Consider A Claim For Prospective Property Tax Relief Involving Condemned Property Even If The Owner Files The Claim Beyond The Statutory Time Limitation

In Olive Lane Industrial Park, LLC v. County of San Diego (July 18, 2014, D063337) -- Cal.App.4th --, the Court of Appeal considered whether the owner of property acquired by eminent domain could attain prospective property tax relief…more

DOT Proposes Increased Safety Measures for the Transportation of Crude Oil, Ethanol and Other Flammable Materials

In response to several recent high profile incidents involving crude by rail, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a comprehensive rulemaking proposal on July 23, 2014, related to improving the safe…more

Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms. Inc. (Fed. Cir.)

Case Name: Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms Inc., 748 F.3d 1354 (Fed. Cir. Apr. 21, 2014) (Circuit Judges Newman, Linn and Wallach presiding; Opinion by Newman) (Appeal from D.N.J., Cavanaugh, J.). Drug Product…more

Amending Your Bylaws to Mitigate the Cost of Shareholder Litigation: Fee-shifting and forum selection provisions

Shareholder litigation is on the rise, increasing the cost of doing business; and companies often face litigation on multiple fronts, further increasing litigation exposure. In 2013, 94 percent of M&A deals were challenged by…more

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Buchalter Nemer is a full-service business law firm with offices in Los Angeles, Orange County, San Francisco and Scottsdale. Built on 65 years of practice, the firm's 150 attorneys are experts in the…

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