Lane Powell PC

Back to the ‘Useful Arts’ — Supreme Court Reins in the Expansive Interpretation of Patent Eligibility

Section 8 of the United States Constitution authorizes Congress to “promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and…more
| Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

ERISA: Public School Teacher’s Employee Benefits Governed by ERISA? Yes!

When you see a claim for disability or life insurance benefits by a public school teacher, you might assume the claim is not governed by ERISA because of the governmental plan exception…more
| Civil Procedure, Education, Labor & Employment Law, Insurance

Hiding in Plain Sight: The Delano Farms Plant Patent Case

Mysterious to even many patent practitioners, plant patent issues create their own peculiar body of controlling case law. A recent Federal Circuit decision, Delano Farms v. The California Table Grape Commission, illustrates…more
| Agriculture, Intellectual Property

Transgenic Salmon: A Primer on FDA Food Safety Regulations

When Meriwether Lewis tasted his first roasted morsel of a fresh Chinook salmon at a Shoshone camp along the Lemhi River (in modern day Idaho), he ate it with “very good relish.” It convinced him that “we were on the waters of…more
| Administrative Law, Agriculture, Science, Computers, & Technology

“Letting Go: As Baby Boomers Sell Their Businesses, Too Many Forget the All-Important Succession Plan.”

Building a Business from the ground up takes devotion, energy and commitment to the bigger picture. It’s akin to birthing and raising a baby — albeit a baby that will always need a firm, guiding hand. Finding that next hand —…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking

Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly when…more
| Business Organizations, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

ERISA: Supreme Court to Determine Whether Money is Fungible…When it Comes to Recovery of Overpayments from ERISA Beneficiaries

When it comes to recovery of overpayments from ERISA beneficiaries… money is a fungible commodity in the Eleventh Circuit, but is not a fungible commodity in the Ninth Circuit…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Finance & Banking

Online Contests: Make Them Effective by Simplifying the Mechanics

Any good marketing department can tell you that easy-tounderstand contest mechanics are the working engine of an effective online contest. Recently, we have noticed a concerning trend online: Businesses often try to do too much…more
| Communications & Media Law

ERISA: 6 New Trends in DOL Enforcement Actions

The U.S. Department of Labor (DOL) and the Employee Benefits Security Administration (EBSA) just issued a “Fact Sheet” describing Fiscal Year 2014 civil and criminal enforcement activity under ERISA…more
| Administrative Law, Criminal Law, Labor & Employment Law, Finance & Banking

Supreme Court’s Omnicare Decision Follows Middle Path Advocated by Lane Powell and Washington Legal Foundation

In the March 24 opinion issued in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (Omnicare), the Supreme Court rejected the two extremes advocated by the parties regarding how the truth or falsity…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Supreme Court’s Omnicare Decision Follows Middle Path Advocated by Lane Powell and WLF

In the opinion issued yesterday in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (“Omnicare”), the Supreme Court rejected the two extremes advocated by the parties regarding how the truth or…more
| Business Organizations, Business Torts, Securities Law

ERISA — 5 Quick Points: Blowing a Deadline for Decision is Not Necessarily Fatal to Abuse of Discretion Standard

You already know that ERISA regulations require the plan administrator to render a decision on an administrative appeal within 45 days…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Finance & Banking

Cybersecurity Securities Class Actions: A Wave or Trickle?

One of the foremost uncertainties in securities and corporate governance litigation is the extent to which cybersecurity will become a significant D&O liability issue. Although many D&O practitioners have been bracing for a wave…more
| Business Organizations, Finance & Banking, Privacy, Insurance, Securities Law

Employers Must Prepare Now for Seattle’s New Minimum Wage Rate, Effective April 1

Employers with employees working within the city limits of Seattle must begin complying with Seattle’s Minimum Wage Ordinance on April 1. The new Seattle ordinance will increase the hourly minimum wage for covered employees to…more
| Civil Rights, Labor & Employment Law

ERISA: 6th Circuit — Plop Plop, Fizz Fizz: Oh What A RELIEF It Is: No Disgorgement For Arbitrary Denial Of Benefits

Does an arbitrary and capricious denial of ERISA governed disability benefits create a right to disgorgement of profits? NO…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Business Torts, Insurance
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1420 Fifth Avenue, Ste. 4200 P.O. Box 91302
Seattle, WA 98111-1302, United States

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