Alternative Dispute Resolution (ADR) Science, Computers & Technology

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Arbitration is not just for those who have agreed…

We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for...more

Insurance Coverage for Data Breach Claims

Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

2014 Resolutions Series: Don’t Just Throw in the Towel

A business relationship is just that: a relationship. It has phases like any other relationship, and takes effort and mutual interest from both parties to keep it functional. While ideally every business relationship will...more

Sunshine Act/Open Payments Alert

On Monday, May 5, 2014, CMS published in the Federal Register an unexpected notice seeking additional public comment specifically around the Dispute Resolution process, which is the process CMS is establishing to give...more

CMS Requests Comments on the Dispute Resolution Process Associated with the Physician Payment Sunshine Act

On May 5, 2014, the Centers for Medicare & Medicaid Services ("CMS") announced an opportunity to submit comments on the dispute resolution and correction procedures proposed in the final rule on the Open Payments reporting...more

Use of ADR in Technology Transactions

A recent WIPO Survey assessed the use of alternative dispute resolution (ADR) clauses in various technology transactions, and the results make for interesting reading for anyone who is in the business of negotiating...more

Employment Law

California Employers Face Rise In PAGA Suits - Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more

Arbitration Proceeding Do Not Trigger One-Year SOL for Inter Partes Review - Certain Computers and Computer Peripheral Devices,...

In response to a patent owner’s post-institution motion to terminate an inter partes review (IPR) proceeding, an expanded panel of the Patent Trial and Appeal Board (PTAB) gave further definition to the triggering events of...more

Employer To Do List for the New Year

As the new year is getting under way, employers should consider placing these developing issues at the top of their to do list: Social Media Policies - Employers should consider reviewing and updating social...more

Massachusetts Tax Developments - A Reed Smith Quarterly Update (4th Quarter 2013)

Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll take a look back to the developments from the last quarter of 2013, and look ahead to some percolating issues at the Appellate...more

Business Litigation Report -- January 2014

In This Issue - Firm News: ..Quinn Emanuel Arbitration Practitioners Recognized in Global Arbitration Review’s “International Who’s Who of Commercial Arbitration” ..Quinn Emanuel Expands International White...more

Ninth Circuit Invalidates Online Marketing Company Consumer Contract, Arbitration Agreement

On December 16, the U.S. Court of Appeals for the Ninth Circuit held that an online marketing company cannot compel arbitration in a suit brought by a putative class of consumers who claim they were improperly charged for a...more

Patent Mediation – Interview with John Delehanty, Member, Mintz Levin  [Video]

Attorney John Delehanty, Member of Mintz Levin's Intellectual Property Practice, explains the benefits of using mediation to resolve patent disputes. ...more

Eli Lilly Files NAFTA Arbitration Claim Against Canada for Allegedly Discriminating Against Specific Patented Technologies

Eli Lilly, the U.S. pharmaceutical company, is accusing the Government of Canada of violating its obligations to foreign investors under the North American Free Trade Agreement (NAFTA) because its courts invalidated patents...more

Medicis Pharma. Corp. v. Anacor Pharma., Inc., C.A. No. 8095-VCP (Del. Ch. Aug. 12, 2013) (Parsons, V.C.)

In this opinion, the Court of Chancery denied the defendant’s motion to dismiss the plaintiff’s complaint for specific performance of a license agreement, holding that the plaintiff’s claims were not subject to mandatory...more

Business Litigation Report -- August 2013

In This Issue: Main Article: ..Remedying Cyber Attacks Through Trade Secret Claims at the ITC Practice Area Notes: ..Appellate Practice Update ..Arbitration Practice Update ..Class Action Litigation...more

Intellectual Property Newsletter - June 2013

In This Issue: *News from the Bench - Unanimous Supreme Court Ruling on Gene Patentability: Natural DNA “No”/ cDNA “Yes” - CAFC Reverses Denial of Permanent Injunction Based on Perceived Future...more

Xbox One: Single Player Lawsuits Only

Microsoft is dropping its new console, the Xbox One, just in time for Christmas this year. The official unveiling occurred last month and reviews have been . . . mixed. The most controversial aspects of the console were...more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

New EU rules on online and alternative dispute resolution - a win/win?

On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

FTC Recommends Stronger Safeguards for Mobile Payments

With the use of mobile payments by consumers reaching “fever pitch”, the FTC has released a new report entitled, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” discussing how companies can develop mobile...more

Business Litigation Report -- April 2013

In This Issue: - Firm News: DoJ Star Healthcare Fraud Prosecutor Joins Washington, D.C. Office; and Quinn Emanuel Wins Top Honors at the Inaugural U.S. Benchmark Annual Awards - Main...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

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