Business Insights and Intelligence

Read updates, advisories, and smart commentary from leading professionals, experts in their fields...
News & Analysis as of

Faculty Member’s Criticism of Community College Is Protected Speech

The president of a community college’s adjunct faculty union, who was fired after she sent a letter critical of the college, stated a cause of action for retaliatory discharge, the Seventh Circuit found. Robin Meade sent a...more

How This Investment Firm Hopes to Revolutionize Litigation in America [Video]

Oct. 30, 2014 (Mimesis Law) -- Ralph Sutton, Chief Investment Officer at Bentham IMF, talks with Lee Pacchia about the business of funding small to medium-sized plaintiffs in commercial and patent litigation around the world....more

The Silicon Valley Venture Capitalist Confidence Index® Falls for the Third Quarter of 2014, Although Sentiment for High-Growth...

An academic study titled “The Silicon Valley Venture Capitalist Confidence Index®: Third Quarter—2014” (Mark V. Cannice, Ph. D, Department Chair and Professor of Entrepreneurship and Innovation with the University of San...more

Ebola Update–CDC Issues New Protocols

The response to Ebola continues to evolve as additional resources for providers and the public have been made available over the last several days. The Joint Commission (TJC) launched an Ebola Preparedness Resources webpage,...more

Regional Steel: the continuing effort to avoid the cost of correcting the insured’s work

Casualty insurers normally do not expect to pay the cost of their insureds simply doing a good job. Insurers typically view their contracts as assuming the risk of delineated consequences – damages – if the insured’s work...more

Inter Partes Review Not Stayed, Despite Looming Patent Ownership Trial

Symantec Corp. v. RPost Commc’ns Ltd. - Addressing a motion to stay an inter partes review (IPR) by the patent owner, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) denied the...more

Marijuana Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....more

Insured v. Insured Exclusion Ambiguous, California Court Finds: Bank Ds And Os Entitled to Coverage for FDIC Suit

Why it matters - In the latest decision to weigh in on the scope of the Insured v. Insured exclusion, a California court has held that it is ambiguous as applied to suits brought by the FDIC, and therefore does not...more

Orrick's Derivatives in Review - October 2014

Prudential Regulators and CFTC Re-Propose Rules for Uncleared Swap Margin - Both the Commodity Futures Trading Commission and the prudential regulators re-proposed their April 2011 proposed rules imposing initial and...more

Mediation Decision-Makers Need “Decision-Quality Information”

The decision on when to mediate is an important one. Indeed, one of the most common reasons why cases do not settle is because the parties tried to mediate too early in the dispute process. When is the right time to mediate?...more

Australian Tax Alert: Mining For Tax Breaks? The Exploration Development Incentive Explained

The Government has released an exposure draft of the Exploration Development Incentive ("EDI") legislation. These rules intend to encourage investment in small minerals exploration companies by allowing the benefits of losses...more

PTAB on Analogous Art

Schott Gemtron Corp. v. SSW Holding Co., Inc. - In a final written decision addressing the patentability of claims challenged as obvious, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the...more

Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud

For many companies, the main question about cloud computing is no longer whether to move their data to the “cloud,” but how they can accomplish this transition. Cloud (or Internet-based on-demand) computing involves a shift...more

Office for Human Research Protections Releases Draft Guidance

On October 24, 2014, the Office for Human Research Protections (OHRP) announced in the Federal Register that it has released, and is seeking comment on, its Draft Guidance on Disclosing Reasonably Foreseeable Risks in...more

California Guardianship Law: The Best Interests of the Child

Many parents in California believe that if they name a guardian in their will, that person is without a doubt the one who will raise their children in the event of your untimely death or sudden accident. However, under...more

Employment Law - Oct 2014 #3

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

Financial Institutions Authorized to Use Websites for Annual Privacy Notice

Banks and other financial institutions may be able to avoid costly manual mailings of annual privacy notices to customers and instead publish annual privacy notices on their websites under a new rule issued by the federal...more

FinCEN Rulings Designate Certain Virtual Currency Businesses as Money Transmitters

On October 27, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued two administrative rulings regarding virtual currency. The first administrative ruling concerns a proposed virtual currency trading and booking...more

How to Tailor Your Strategies for Engaging With Shareholder Activists

When it comes to engaging with shareholder activists, one size does not fit all. It’s crucial to think about the activist’s goals and possible outcomes. Is the activist seeking governance reforms, or a short-term return on...more

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

NARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims

A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback...more

An Employee is an Employee is an Employee: Alexander v. FedEx Ground

In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many...more

Ebola Exclusions from Commercial Insurance Policies

Last week we wrote about a new business interruption insurance policy that is being rolled out to healthcare providers which will provide specific coverage for various ebola-related losses. This week we note that some...more

President and Fellows of Harvard College v. Lee (Fed. Cir. 2014)

One of the most iconic inventions of the biotechnology era is the "Harvard Oncomouse" invented by Philip Leder and Timothy Stewart in the early 1980's. One of the first transgenic mice transformed with DNA encoding something...more

Counsel May Confer with a Witness Between Cross-Examination and Re-Cross, but the Witness Might Be Re-Crossed on the Substance of...

Organik Kimya AS v. Rohm and Haas Co. - In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer with a witness between the end...more

146,949 Results
|
View per page
Page: of 5,878

Follow Business Insights and Intelligence Updates on: