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Alert: Supreme Court Rejects Good-Faith Belief in Invalidity as a Defense to Induced Patent Infringement

In Commil USA LLC v. Cisco Systems, Inc. (No. 13-896), the Supreme Court held that an accused inducer's belief that an asserted patent is invalid is not a defense to induced patent infringement. The decision reverses a Federal Circuit…more

Five Harassment “Must Haves” For Employers

Maybe it’s just me, but workplace harassment issues seem to come in waves — I’ll go months, or even a year, without an issue, and then WHAM! everybody has a “situation,” or at least they need to get their preventive training done…more

Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault driver’s…more

Massachusetts Federal Court Denies Motion to Dismiss Insider Trading Indictment

The US District Court of Massachusetts in U.S. v. McPhail, et. al., Case No. 1:14-cr-10201, 2015 WL 2226249 (D. Mass. May 12, 2015), denied the defendants’ motion to dismiss an insider trading indictment in the wake of the U.S. v…more

Supreme Court Strengthens False Claims Act’s Statute of Limitations, Narrows First-to-File Bar

The U.S. Supreme Court recently resolved two important questions under the False Claims Act (FCA), holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2) the FCA’s…more

EPA Finalizes Rule Defining Waters of the United States

Today the U.S. Environmental Protection Agency (EPA) released a prepublication version of its rule defining the waters of the United States, also referred to as the Clean Water Rule (the Rule). The EPA issued this Rule to provide…more

Staff Releases Lifeline Broadband Pilot Report as FCC Gears Up for Vote on Lifeline Support for Broadband

Last Friday, staff in the FCC’s Wireline Competition Bureau issued a report summarizing the results of the FCC’s Lifeline broadband pilot program. The program was designed to determine how the Lifeline program might address the key…more

The United States District Court for the Southern District of New York Upholds Rulings With Respect to Subordination, Cramdown and the Make-Whole Dispute

In a memorandum decision dated May 4, 2015, Judge Vincent L. Briccetti of the United States District Court for the Southern District of New York affirmed the September 2014 decision of Judge Robert D. Drain of the United States…more

Alliant Techsystems, Inc. v. MidOcean Bushnell Holdings, L.P., C.A. No. 9813-CB (Del. Ch. Apr. 24, 2015) (Bouchard, C.)

In this memorandum opinion, the Court of Chancery granted a request for specific performance requiring a party to a stock purchase agreement to submit a dispute over accounting methodology relating to the calculation of net working…more

The Supreme Court of New Jersey Defines a “Successful Claimant” Under New Jersey Court Rule 4:42-9(a)(6) for Fee-Shifting in Certain Coverage Actions

The Supreme Court of New Jersey recently issued a significant pro-policyholder decision regarding fee-shifting under the New Jersey Court Rules. Under Rule 4:42-9(a)(6), courts may award attorneys’ fees in “an action upon a liability…more

Ballard Spahr provides comments to HUD’s proposed rule on Section 3 regulations

As a follow up to our March 24, 2015 and April 1, 2015 posts, the U.S. Department of Housing and Urban Development (HUD) published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance with Section…more

European Commission Launches Review of EMIR

On May 21, the European Commission (EC) issued a consultation paper (CP) as part of its review of the European Market Infrastructure Regulation (EMIR). Article 85(1) of EMIR requires the EC to prepare a report by August 17 on the…more

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