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Recent Developments in the Award of Medical Damages in the Aftermath of Howell—Best Practices for Civil Litigators from the Bench,...

Working flyer and first page of handout for brown bag seminar at Torrance Courthouse in Torrance, California scheduled for July 22, 2015. ...more

Town of Lexington vs. Monsanto Company & Pharmacia LLC et al

The Town of Lexington's Complaint Against Monsanto et al: Re: Exposure to Toxic Chemical Compounds known as Polychlorinated...

Plaintiff Town of Lexington brings this putative class action on behalf of itself individually and on behalf of a plaintiff class consisting of all school districts in Massachusetts that have one or more buildings with...more

Town of Westport et al vs. Monsanto Company & Pharmacia LLC et al

Monsanto's Answer to The Town of Wesport's Complaint Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls...

Monsanto's Answer to the Town of Westport's Complaint. Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) The Westport Community School District alleges that its students and teachers are...more

How Retirement Plan Advisors Can Benefit From Any New DOL Fiduciary Rule

One of my favorite companies is Netflix. The first time I came into contact with them, it was through an offer that was in the box of the first DVD player I bought in 2000. Instead of rentals through Blockbuster or Hollywood...more

Town of Princeton vs. Monsanto Company & Pharmacia LLC et al

The Town of Princeton Alleges that Monsanto Knew of the Toxicity of PCBs, But Continued to Manufacture, Sell and Promote the...

The town of Princeton has filed a lawsuit against the largest manufacturer of PCBs to recoup the cost of removing the dangerous chemical from the Thomas Prince School. The town is asking for $700,000 in the property damage...more

Amarin Pharma v. FDA – More Briefs Filed Regarding Off-Label Promotion And The First Amendment

Our prior posts looked at the Amarin Pharma, Inc. v. United States Food and Drug Administration lawsuit, which raises issues regarding the First Amendment and how it applies to speech by drug and device manufacturers...more

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

No Innovator Liability: National Drug Code Saves the Day

This is a quick-hit post as we head into the Independence Day holiday weekend. The Southern District of West Virginia’s order this week in McNair v. Johnson & Johnson, No. 2:14-17463, 2015 WL 3935787 (S.D. W. Va. June 26,...more

EU Litigation Update - June 2015

Recognition and Enforcement of Arbitral Awards in Russia: Recent Developments. Recent decisions concerning the enforcement of international arbitration awards in Russian courts have yielded mixed results. Russian courts have...more

Neighbors’ Noise Complaints Trigger EIR

Keep Our Mountains Quiet v. County of Santa Clara - Why It Matters: The Sixth District Court of Appeal affirmed the trial court’s holding that preparation of an EIR was required for the approval of a use permit to allow...more

CMS Releases ESRD PPS Proposed Rule

On June 26, 2015, CMS released a Proposed Rule to increase payments by 0.3% for end-stage renal disease (ESRD) care providers in 2016 under the ESRD Prospective Payment System (PPS) for renal dialysis services. CMS estimates...more

(UK) New Rules for Residential Landlords in Wales

Residential landlords of properties in Wales need to be aware of the extra regulatory burden that applies to them and particularly because breach could be a criminal offence. The Welsh Assembly has added an additional...more

Only Basic Functions of a Processor Avoid Need for Disclosed Algorithm - EON Corp. IP Holdings LLC v. AT&T Mobility LLC

Addressing the question of what corresponding structure must be disclosed to support a means-plus-function claim element, the U.S. Court of Appeals for the Federal Circuit upheld a district court finding that eight...more

Seventh Circuit Limits Construction Lender’s Use of Title Insurance Policy to Cover Construction Liens Created by Lender’s Cutoff...

In a recent decision written by Judge Sykes, affirming a decision from the Western District of Wisconsin, in an issue governed by Wisconsin law, the Seventh Circuit ruled that a title insurer has no duty to indemnify a...more

Amarin Pharma v. FDA – More Briefs Filed Regarding Off-Label Promotion And The First Amendment

Our prior posts looked at the Amarin Pharma, Inc. v. United States Food and Drug Administration lawsuit, which raises issues regarding the First Amendment and how it applies to speech by drug and device manufacturers...more

No Induced Infringement Where Off-Label Use of a Drug Is Not “Inevitable” - Takeda Pharms. U.S.A., Inc. v. West-Ward Pharm. Corp.

Finding that a drug label’s language did not rise to the level of “active encouragement” that would induce doctors to infringe, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s denial of a...more

Insurance Recovery Law - July 2015

In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications - Why it matters: Recognizing the “conflicting...more

Examination Delay Earns Patent Term Adjustment Only In One Application

In Mohsenzadeh v. Lee, the Federal Circuit affirmed the district court’s decision that the USPTO’s delay in issuing a Restriction Requirement in a parent application does not earn Patent Term Adjustment (PTA) for the ensuing...more

CLIENT ALERT: Major Changes Proposed to Overtime Requirements Under the Fair Labor Standards Act

The United States Department of Labor (“DOL”), at the direction of President Obama, has announced a proposed rule that will greatly increase the number of employees eligible to receive overtime pay under the Fair Labor...more

Hashtag Trademarks: #ItsAllAboutTheUse

Brand owners have embraced hashtags (words or phrases preceded by a hash or pound sign - #) as a way to both engage consumers and track social media posts regarding a specific product or topic. Not surprisingly, the...more

Legal Advice Privilege – HK Court of Appeal Steers Away from Three Rivers

On June 29, 2015, the Court of Appeal of the HKSAR handed down an important judgment relating to legal advice privilege. The Court of Appeal decided to adopt the “dominant purpose test” when considering whether legal...more

Do You Deserve a Refund from US Customs? Tariff Refunds Soon Available for Certain Imported Goods as Congress Acts on Generalized...

On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act of 2015 (HR 1295). Among other actions, the law revives the Generalized System of Preferences (GSP) program, a trade preferences program...more

As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority...

The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to...more

Klimt Foundation Deal with Heirs of Portrait Owner Comes to Fruition at Sotheby’s

Gustav Klimt’s Portrait of Gertrud Loew was sold at auction by Sotheby’s in London last week, for over £24 million (a figure more than £6 million in excess of the upper end of its expected sale price range). Described on the...more

Putting Executive Pay at Risk: SEC Proposes Rules on Mandatory Clawback Policies

On July 1, 2015, the Securities and Exchange Commission proposed rules to require issuers of securities listed on U.S. stock exchanges to adopt and enforce clawback policies applicable to incentive-based compensation received...more

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