The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee’s willful ignorance of prior art and commencement of multiple...more
Several taxpayers have sued the federal government because they believe they were underpaid under the Section 1603 grant program. Indeed, the taxpayer in the Alta Wind case was successful in convincing the court that the...more
In Depth -
Directors and officers (D&O) liability insurance remains a vital issue for companies and their directors and officers as potential sources of liability continue to evolve. More securities lawsuits were filed...more
6/30/2016
/ Board of Directors ,
Claims Made Policy ,
Commercial Bankruptcy ,
Compliance ,
Corporate Crimes ,
Corporate Executives ,
Corporate Officers ,
D&O Insurance ,
Defense Costs ,
Personal Liability ,
Policy Exclusions ,
Scope of Coverage ,
Securities Fraud ,
Yates Memorandum
The U.S. Court of Appeals for the Tenth Circuit reversed a conviction for making a false statement to the U.S. Patent and Trademark Office (USPTO), holding that a false statement is not material if it could not influence the...more
The U.S. Court of Appeals for the Federal Circuit vacated an order modifying a protective order to allow the use of confidential discovery material in foreign litigation, explaining that courts facing such questions must...more
9/11/2015
/ Confidential Information ,
Discovery ,
Foreign Jurisdictions ,
FRCP 26 ,
Japan ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Protective Orders ,
Remand ,
South Korea ,
Trade Secrets ,
Vacated ,
Writ of Mandamus
The U.S. Court of Appeals for the Tenth Circuit reversed an order sanctioning an attorney under Federal Rule of Civil Procedure 11, holding that the district court abused its discretion in finding the attorney’s tactical...more
Addressing the degree to which litigation conduct can preclude the recovery of fees under 35 U.S. C. § 285, the U.S. Court of Appeals for the Federal Circuit vacated the denial of a fee award, finding that sloppy litigation...more
8/5/2015
/ Appeals ,
Attorney's Fees ,
Exceptional Case ,
Fee-Shifting ,
Inter Partes Reexamination ,
Objective Unreasonableness Standard ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Remand ,
SCOTUS ,
Unclean Hands ,
USPTO ,
Vacated
Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically...more
In M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 935 (2015), the Supreme Court of the United States addressed the interpretation of collective bargaining agreements (CBAs) that include post-retirement welfare benefits, such as...more
U.S. Nutraceuticals, LLC v. Cyanotech Corp. -
Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s...more
In 2014, major data breaches were reported at retailers, restaurants, online marketplaces, software companies, financial institutions and a government agency, among others. According to the nonprofit Privacy Rights...more
Aleynikov v. Goldman Sachs Grp., Inc. -
Addressing the meaning of the term “officer” in a company’s bylaws, the U.S. Court of Appeals for the Third Circuit vacated a district court’s summary judgment that a computer...more
Supreme Court to Hear Tax Injunction Act Case -
On August 20, 2013, in Direct Marketing Association v. Brohl, the U.S. Court of Appeals for the Tenth Circuit held that the federal Tax Injunction Act (TIA) prohibited...more
On September 17, 2014, the U.S. Tax Court issued its first opinion regarding the discovery of electronically stored information (ESI). In Dynamo Holdings, Ltd. vs. Commissioner, 143 T.C. No. 9 (Sept. 17, 2014), the Tax Court...more
What are the consequences of a liability insurer’s breach of the duty to defend its insured against a potentially covered claim? Recent decisions from the New York Court of Appeals highlight differing views nationwide on...more