Robins Kaplan LLP

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800 LaSalle Avenue
Suite 2800
Minneapolis, MN 55402, United States
Phone: 612.349.8500
Fax: 612.339.4181
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Civil Rights
  • Class Action
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
  • Massachusetts
  • Minnesota
  • New York
  • North Dakota
  • South Dakota
Number of Attorneys
100+ Attorneys

Greenwashing Litigation is Increasing

Newspapers often expose famous actors who publicly profess to be ardent climate change activists committed to reducing their carbon footprint while traipsing across the world aboard private jets. The World Economic Forum, for…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Walking the Razor’s Edge: Client Capacity and the Attorney-Client Relationship

“Representing a client with diminished capacity is like walking on the edge of a razor – only more precarious and potentially more painful if the attorney missteps.” -Professor Thomas E. Simmons, South Dakota School of Law…more

Attorney-Client Privilege, Confidential Communications, Diminished Capacity, Duty of Loyalty

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[Webinar] From Contract To Courtroom: Lessons Learned In Contract Litigation And Trials - September 30th, 11:00 am - 12:00 pm PT

What can we learn from past contracts, good and bad, and how they played out in the courtroom? In this presentation, seasoned-in-house counsel, trial attorneys, and a jury consultant will examine lessons learned in litigation…more

Acquisitions, Arbitration, Continuing Legal Education, Contract Disputes, Contract Drafting

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Marina Pacific: A Rare Glimpse Into A Pandemic-Related Property Coverage Trial

Proposed one-line teaser: Marina Pacific: the triumph of common sense and experience, or the triumph of science—or both? Three years into the avalanche of COVID-related coverage actions we have all lived through, we (like…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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The Robins Kaplan Justice Report - Vol. 18, No. 1

Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be…more

Bodily Injury, Career Development, Department of Corrections, Evidence, Health Care Providers

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The Robins Kaplan Justice Report - Vol. 18, No. 1

Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be…more

Bodily Injury, Career Development, Department of Corrections, Evidence, Health Care Providers

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The Note From the Deliberating Jury

With a jury deliberating, there is nothing more exactingly scrutinized by trial lawyers than a written question emanating from the jury deliberation room to the trial judge. As the judge reads the question, the lawyers,…more

Appellate Courts, Breach of Duty, Fiduciary Duty, Jury Deliberations, Jury Trial

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In The Law: Families First Coronavirus Response Act

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “Act”). The new law takes effect on April 2, 2020 and will remain in place until December 31, 2020. This alert identifies two…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Relief Measures, Sick Leave

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We Don’t Talk About Insolvency (No, No, No …)

As a parent of three young children, Disney’s excellent new movie, Encanto, has been on heavy rotation in my household. It’s a story of an extended family whose members possess unique magical gifts. Through several humorous…more

Board of Directors, Breach of Duty, Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring

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The Robins Kaplan Justice Report - Vol. 18, No. 1

Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be…more

Bodily Injury, Career Development, Department of Corrections, Evidence, Health Care Providers

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Who Pays When You Fight Over a Trust?

Litigation is often expensive. When a client considers filing a lawsuit or must decide how to handle a lawsuit someone else started, one of the most fundamental questions to ask is: Who pays the lawyers? Under the American…more

Attorney's Fees, Legal Costs, Trustees, Trusts

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Will NFL Sports Weather The COVID-19 Crisis? An Analysis Of Event Cancellation Insurance

Cardboard Cutouts And Pandemic Exclusions—amidst COVID-19, The Market Is Adjusting And Carefully Reviewing Event Cancellation Policies In The Sports Industry…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Event Cancellation, Infectious Diseases

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Robins Kaplan Justice Report December 2021 | Vol. 15 No. 4

Genetic testing had its origins in the 1950s when scientists discovered that an additional copy of chromosome 21 causes Trisomy 21, also known as Down syndrome. Methods for staining chromosomes were used to sort and count…more

Bodily Injury, Genetic Testing, Health Care Providers, Healthcare Fraud, Liability

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Ransomware Attack Results In Covered Physical Loss Or Damage

A Maryland Federal Court Examines A Coverage Dispute Regarding Whether An Insured Had Experienced A Covered Loss To Its Computer System Following A Ransomware Attack. …more

Business Losses, Corporate Counsel, Cyber Attacks, Cyber Insurance, Cybersecurity

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Proposed COVID-19 Legislation Thrusts Contract Clause’s Original Purpose Into Spotlight

Until fairly recently, the U.S. Constitution’s Contract Clause had fallen into relative obscurity.  Proposed legislation concerning insurance coverage for the COVID-19 pandemic figures to place this provision of the U.S…more

Business Interruption, Consumer Insurance Products, Contracts Clause, Coronavirus/COVID-19, Insurance Claims

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[Webinar] Second Annual AI Legal Summit - Session I | No Rewind Button: Legal Pitfalls in Machine Learning Systems - May 5th, 11:00 am - 12:00 pm PT

Recognize the IP risks that arise as artificial intelligence and machine learning take a greater foothold in your business. Our three-part seminar will present solutions to risks that are unique to AI/ML, including: -…more

Artificial Intelligence, Best Practices, Continuing Legal Education, Data Collection, Data Deletion

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[Webinar] Latest Trends at the International Trade Commission - December 6th, 11:00am CT

This webinar will discuss the latest trends for intellectual property disputes at the International Trade Commission (ITC). Examples of questions answered during this webinar include: - What are the current statistics on…more

Intellectual Property Protection, International Trade Commission (ITC), Patent Trial and Appeal Board, Webinars

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Unintended Consequences: Don’t Forget the Litigation Risks When Getting a Deal Done

Transactional attorneys play a key strategic role in drafting essential documents, such as corporate formations and contracts, on behalf of corporate clients. With a client’s current needs at the forefront—often accompanied by…more

Attorney-Client Privilege, Client Representation, Complex Corporate Transactions, Contract Terms, Discovery

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I Love Insurance and My Dog: Pet Insurance 101

Our pets are members of our families, trusted confidants, and companions who offer us joy and comfort. Research shows that our pets help lower our stress, improve our mood, and preserve our cognitive function. This is certainly…more

Insurance Industry, Pets, Policy Terms

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Chambers V. Gold Medal Bakery: an Illustration of Privilege in Shareholder Suits

When working well, a closely held corporation can be the model of corporate governance—a shared vision, a united board, and intimate trust between officers and shareholders. However, over multiple generations the growth of the…more

Board of Directors, Business Entities, Closely Held Businesses, Corporate Governance, Family Businesses

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[Event] 2023 Trial Advocacy Seminar - Know Your Story. Tell Your Story. - November 16th, Minneapolis, MN

Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal outcomes…more

Continuing Legal Education, Events, Expert Testimony, Judges, Jury Deliberations

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FCC Takes Action Against COVID-19-Related Scam Robocalls

Earlier this month, the Federal Communications Commission (“FCC”) and the Federal Trade Commission (“FTC”) jointly warned three gateway providers to immediately stop transmitting a “flood” of overseas-originating scam robocalls…more

Coronavirus/COVID-19, FCC, Federal Trade Commission (FTC), Robocalling, Scams

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The Weight of Words

Evaluations and the Feedback Fetish - The power of feedback has long fascinated me—perhaps first as a bossy older sister, then as a struggling elementary school reader, next as a high school teacher, and now as a lawyer. I…more

Career Development, Leadership, Performance Standards, Professional Development

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Robins Kaplan Justice Report Spring 2021 | VOL. 15 NO. 2

DUTY TO THIRD PARTIES: FOCUS ON FORESEEABILITY - Foreseeability is the foundation of duty in many states, and Minnesota is no different. With a series of cases starting in 2017, the Minnesota Supreme Court has made a point…more

Bankruptcy Court, Duty of Care, Foreseeability, Liability, Mass Tort Litigation

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Don’t Shoot The Messenger

Examining the Applicability of Liability Policy Exclusions to Shooting Incident-Related Claims - Shootings, both on an individual and large-scale level, have become a growing reality in the United States in recent years. In the…more

Assault, Battery, Bodily Injury, Insurance Industry, Liability

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[Event] 2023 Trial Advocacy Seminar - Know Your Story. Tell Your Story. - November 16th, Minneapolis, MN

Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal outcomes…more

Continuing Legal Education, Events, Expert Testimony, Judges, Jury Deliberations

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Robins Kaplan Pursuing Camp Lejeune Claims

Robins Kaplan LLP is proudly representing military service men and women, and their families, who may have been injured at Marine Corps Base Camp Lejeune in Jacksonville, North Carolina. With the passing of the Camp Lejeune…more

Contamination, Drinking Water, Military Service Members, Veterans, Water Supplies

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The Robins Kaplan Spotlight, Vol 8 No. 1 - Expecting the Unexpected: Navigating Fiduciary Relationships

The Spotlight is the result of ongoing collaboration between our national trial practice and estate planning groups, with the goal of providing a forum to discuss the latest news and other issues impacting the trusts and estates…more

Borrowers, Fiduciary, Fiduciary Duty, Financial Planning, Investment Adviser

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Summary of the United States Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights Hearing

On April 21, 2021, the United States Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing to discuss Google and Apple’s role in the mobile app ecosystem and their effect on third-party app…more

Antitrust Provisions, App Developers, Apple, Competition, Data Collection

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[Event] Advanced Patent Litigation: Maximizing Returns and Protecting Core Technologies - October 3rd, Santa Clara CA

Join Us As We Discuss How To Create Value Through Patent Litigation In Today’s Modern Legal Environment. The cost and complexity of patent litigation can be daunting and prevent enforcement of valuable IP or vigorous defense…more

Continuing Legal Education, Events, Intellectual Property Protection, Litigation Strategies, Patent Litigation

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The Robins Kaplan Spotlight, Vol. 6 No. 1, Spring 2021 - Shareholder Risks in Mergers and Acquisitions

Corporate mergers and acquisitions can disproportionately affect minority shareholders and members of closed corporations. Those effects may include the dilution of the value of shares, the loss of the holder’s voting rights,…more

Dissenters Rights, Fiduciary Duty, Mergers, Shareholder Rights, Shareholders

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Insuring the Digital Future: Coverage Issues for NFTs

Just a few years ago, Christie’s auction house sold a non-fungible token (NFT) representing a purely digital work of art for over $69 million. A company called OpenSea, positioned as the Amazon of NFTs, is valued at over $13…more

Blockchain, Cryptocurrency, Digital Assets, Insurance Industry, Non-Fungible Tokens (NFTs)

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Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc.

Case Name: Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc., Civ. No. 15-451-RGA, 2017 U.S. Dist. LEXIS 169570 (D. Del. Oct. 13, 2017) (Andrews, J.)…more

Actavis Inc., Generic Drugs, Hatch-Waxman, Intellectual Property Protection, Patent Infringement

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[Event] 2023 Trial Advocacy Seminar - Know Your Story. Tell Your Story. - November 16th, Minneapolis, MN

Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal outcomes…more

Continuing Legal Education, Events, Expert Testimony, Judges, Jury Deliberations

See all updates »

Sellers of a Business: Know Thyself.

So, you have decided to sell your business. Often this process starts with an inward reflection. You may have identified a good reason to sell, but many questions remain. Sellers at this early point often look to hire a broker…more

Business Ownership, Buyers, Co-Ownership, Confidentiality Agreements, Due Diligence

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The Robins Kaplan Spotlight, Vol. 5 No. 4, Winter 2021 - The Case for Charitable Giving

Last year brought with it several unexpected challenges due to the COVID-19 pandemic, including economic, social, and financial hardships that have left many in a position of extraordinary need…more

CARES Act, Charitable Deductions, Charitable Donations, Charitable Remainder Trust, Coronavirus/COVID-19

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Chambers V. Gold Medal Bakery: an Illustration of Privilege in Shareholder Suits

When working well, a closely held corporation can be the model of corporate governance—a shared vision, a united board, and intimate trust between officers and shareholders. However, over multiple generations the growth of the…more

Board of Directors, Business Entities, Closely Held Businesses, Corporate Governance, Family Businesses

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[Webinar] What’s Next?! Asserting Lease Rights When You Close Stores For Covid-19 - March 25th, 1:00 pm - 2:00 pm CT

Scores of retailers have closed stores, reduced hours, changed business models overnight, and continue to generally mull how to deal with employee and customer safety and health issues. Governments are imposing a patchwork of…more

Business Closures, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Summary of the United States Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights Hearing

On April 21, 2021, the United States Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing to discuss Google and Apple’s role in the mobile app ecosystem and their effect on third-party app…more

Antitrust Provisions, App Developers, Apple, Competition, Data Collection

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Maintaining The Attorney-Client And Work-Product Privileges In An Internal Investigation

Internal investigations conducted without outside counsel risk not being protected by the attorney-client or work-product privileges. On March 6, 2014, the District Court for the District of Columbia ordered production of…more

Attorney-Client Privilege, Corporate Counsel, Halliburton, Internal Investigations, Investigations

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Understanding Fiduciary Duties and Obligations in Investment and Divestment

Fiduciaries, such as trustees, financial advisors, corporate directors, and fund managers are legally bound to act in the best interests of their beneficiaries and/or clients. Duties owed by fiduciaries, including duties of…more

Beneficiaries, Fiduciary Duty, Prudent Investor Rule, Trustees

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The Robins Kaplan Spotlight, Vol. 5, No. 4, Winter 2021 - Pro Bono Publico–For The Public Good

The new year is a time to reflect on the year past. After 2020, such reflection is perhaps unlike that of prior years. Given everything going on in the world right now, particularly the isolation brought on by the COVID-19…more

Business Development, Client Services, Law Practice Management, Pro Bono, Young Lawyers

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Financial Daily Dose 7.31.2020 | Top Story: Amazon a Juggernaut?

Amazon a juggernaut? Quarterly sales and profit prove how indispensable tech giants have become to our society. In the midst of a pandemic, Big Tech mostly shows gains…more

Amazon Marketplace, Antitrust Violations, Arbitration, Big Tech, Bitcoin

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[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach To Antitrust Policy And Enforcement? - November 16th, 1:00 pm CT

In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under President…more

Antitrust Provisions, Biden Administration, Competition, Drug Pricing, Enforcement

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[Remote Event] Health Care Antitrust Under President Biden - What Health Care Companies May Expect By Way Of Antitrust Policy And Enforcement In The Next Four Years - March 9th, 1:00 pm - 2:00 pm CT

After a turbulent year that roiled the economy, and the health care sector more than most, the Democrats emerged with control of both the White House and Congress for the first time since 2014. Business leaders and in-house…more

Abuse of Dominance, Antitrust Division, Antitrust Immunity, Antitrust Litigation, Antitrust Provisions

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A Retail Robot Revolution is Not Far Off

Robots have long been the stuff of science fiction and our imaginations. They are now our reality. In fact, one may be greeting and assisting you during your next visit to your local retailer. Large retailers have used robots…more

Cybersecurity, Privacy Concerns, Retail Market, Retailers, Robotics

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Collateralized Loan Obligations: Emerging Litigation Risks

I. Introduction - Financial experts are forecasting significant increases in borrower defaults on leveraged loans held in collateral loan obligations (“CLOs”). From the ashes of these defaults will arise litigation similar to…more

Asset-Backed Securities, Business Litigation, Collateralized Loan Obligations, Default, Investment

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The Note From the Deliberating Jury

With a jury deliberating, there is nothing more exactingly scrutinized by trial lawyers than a written question emanating from the jury deliberation room to the trial judge. As the judge reads the question, the lawyers,…more

Appellate Courts, Breach of Duty, Fiduciary Duty, Jury Deliberations, Jury Trial

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Robins Kaplan Justice Report Summer 2020 | VOL. 14 NO. 3

AN EPIDEMIC OF INDIFFERENCE - “About the same you’d get with a paper cut…I don’t see little cuts.” “He’s going to get out in a couple days. He can go see his own doctor.” “He looked like any seg inmate.” This is…more

Coronavirus/COVID-19, Criminal Investigations, Disparate Impact, Infectious Diseases, LGBTQ

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The Robins Kaplan Spotlight, Vol. 6 No. 3, Fall 2021 - Context Matters: Fiduciaries and the Rule Against Self-Dealing

Fiduciary duties can arise out of many different relationships. Aside from defining the terms of the fiduciary’s responsibilities, the nature of that relationship can provide important policy context in the event of a dispute…more

Fiduciary, Power of Attorney, Self-Dealing

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When Policyholders Aren't Entitled To Preaward Interest

Most property insurance policies contain an appraisal clause that provides that if the parties cannot agree on the amount of loss, either party may demand an appraisal. An appraisal panel consisting of two party-appointed…more

Appraisal, Appraisal Awards, Homeowner's Insurance, Insurance Industry, Loss Coverage

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Duke Univ. v. Akorn, Inc.

THE COURT GRANTED PLAINTIFFS’ MOTION TO DISMISS DEFENDANT’S ANTITRUST AND PATENT MISUSE COUNTERCLAIMS AND RELATED AFFIRMATIVE DEFENSES. Case Name: Duke Univ. v. Akorn, Inc., Civ. No. 3:18-cv-14035-BRM-TJB, 2019 U.S. Dist. LEXIS…more

Abbreviated New Drug Application (ANDA), Counterclaims, Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman

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Don’t Stop the Music: The Intersection Between Insurance and The Music Industry in the Era of COVID-19

As More Live Performances Are Cancelled, Limited In Size Or Postponed, Venues, Festival Organizers, Artists And Others Are Looking For Relief From The Financial Impact Caused By The Coronavirus Crisis…more

Breach of Contract, Consumer Insurance Products, Contract Terms, Coronavirus/COVID-19, Event Cancellation

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Update on Exactech Knee, Hip, and Ankle Implant Recall Lawsuit

Robins Kaplan LLP is examining the recent recall of orthopedic devices that were manufactured by Exactech for hip, knee, and ankle implants. Since 2021, Exactech has recalled approximately 185,000 devices with the latest recall…more

Class Action, Hip Replacement, Mass Tort Litigation, Medical Devices, Multidistrict Litigation

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The Robins Kaplan Privacy Pulse: EU Regulators Fine WhatsApp $266 Million for GDPR Violations

On September 2, 2021, EU regulators fined Facebook-owned chat service, WhatsApp, £225 million (around $266 million) for failing to fully disclose its user data collection and sharing practices. This is the second largest fine…more

Data Collection, Data Privacy, Data Protection, Disclosure Requirements, EU

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The Robins Kaplan Spotlight, Vol. 5 No. 4, Winter 2021 - Movies That Helped Us Get Through 2020

Like many of you, in 2020 we turned to a range of media to soothe our moods and pass the time while in quarantine. The lawyers in our Wealth Planning, Administration, and Disputes Group went so far as to build our annual CLE…more

Asset Management, Beneficiaries, Estate Planning, Financial Planning, Inheritance

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[Webinar] Developments in the LIBOR antitrust MDL case - August 23rd, 12:30pm CST

You’re invited to join Stacey Slaughter (Partner) and Geoffrey Kozen (Associate), members of the Robins Kaplan LLP Business and Litigation group for a live webinar. Stacey and Geoffrey will provide and track basic information…more

Actual Injuries, Antitrust Litigation, Interest Rates, Libor, Multidistrict Litigation

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Personalized Medicine and Patent Eligibility under 35 U.S.C. § 101

Double-digit growth is predicted for the molecular diagnostic market in the next several years, driven in part by an increased demand for personalized medicine—medical decisions and therapeutic products tailored to address the…more

Bristol-Myers Squibb, Diagnostic Tests, Food and Drug Administration (FDA), Genetic Technologies Ltd., Healthcare

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Thinking Ahead: Key Provisions to Consider When Drafting Entity Governing Documents

A company’s governing documents, whether they be corporate bylaws and shareholder agreements, limited liability company (“LLC”) operating agreements, or partnership agreements, typically include the rules and regulations for its…more

Business Formation, Bylaws, D&O Insurance, Exit Strategies, Fiduciary Duty

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Astellas US LLC v. Hospira, Inc.

Case Name: Astellas US LLC v. Hospira, Inc., No. 2022-1878, 2022 WL 17998229 (Fed. Cir. Dec. 30, 2022) (Circuit Judges Dyk, Reyna, and Cunningham presiding; Opinion by Dyk, J.) (Appeal from D. Del., Connolly, J.)…more

Abbreviated New Drug Application (ANDA), Intellectual Property Protection, Life Sciences, Patent Infringement, Patent Litigation

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[Webinar] Conversation on Cross-Border IP Protection and Enforcement Session II | Key Issues in Cross-Border Trade Secret Protection and Litigation - April 20th, 10:00 am - 11:00 am CDT

Trade secret protection provides an alternative avenue to protect company investments in technology innovation and its marketplace advantage. But not everything that is considered company confidential is necessarily a trade…more

Continuing Legal Education, Cross-Border, Foreign Jurisdictions, Intellectual Property Litigation, Intellectual Property Protection

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Top Five Writing Tips for Everyday Writing

Writing is part of our daily lives - both professionally and personally. Whether it is a quick email to a colleague, a letter, or complex legal brief, effective communication matters. It can make a difference in completing a…more

Client Services, Email, Legal Writing

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REMS and Antitrust: Latest Litigation Lessons

Brand name pharmaceutical companies have long stood in the way of generic pharmaceuticals entering the market. To keep generics at bay, brands have used a variety tactics, including ultimately unlawful ones like fraudulently…more

Abbreviated New Drug Application (ANDA), Apotex, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Generic Drugs

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Navigating Software License Disputes In Today’s Evolving Work-From-Home Paradigm

The COVID-19 pandemic and subsequent quarantines and protective measures present a wide variety of challenges to businesses—not the least among them being a shift to a remote-work model for many employees. The work-from-home…more

Contract Terms, Coronavirus/COVID-19, Software, Software Licenses

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PTAB Practice Update: Amended Rules of Practice for Trials before the PTAB Now in Effect

Effective May 2, 2016, the United States Patent and Trademark Office (USPTO) has amended the existing consolidated set of rules of practice for trial proceedings before Patent Trial and Appeal Board (PTAB), including inter…more

America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

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Considerations for D&O Insurance in Light of the Changing Diversity, Equity, and Inclusion (DEI) Legal Landscape

After George Floyd’s death in May 2020, companies (including their directors and officers) are facing increasing liability exposure and scrutiny from both sides of the political aisle relating to diversity, equity, and inclusion…more

Board Members, CEOs, Corporate Governance, Corporate Officers, Directors

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Robins Kaplan Justice Report Summer 2021 | VOL. 15 NO. 3

THE CHAUVIN CASE: A LIFTING OF THE VEIL OR ONLY A PEEK BEHIND THE CURTAIN? Thanks to a 17-year-old’s cellphone video, worldwide protests, and a televised criminal trial, the Derek Chauvin trial exposed misconduct and…more

Advertising, Marketing, Medical Malpractice, Negligence, Police Brutality

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Unintended Consequences: Don’t Forget the Litigation Risks When Getting a Deal Done

Transactional attorneys play a key strategic role in drafting essential documents, such as corporate formations and contracts, on behalf of corporate clients. With a client’s current needs at the forefront—often accompanied by…more

Attorney-Client Privilege, Client Representation, Complex Corporate Transactions, Contract Terms, Discovery

See all updates »

[Webinar] The Internet of Things: Legal Risks in a Connected World- August 31st, 1:00pm CST

Join Richard Martinez, Partner and Chair of the Privacy and Cyber Security Litigation Group; Kerry Childe, Sr. Corporate Counsel, Privacy and Information Policy, Best Buy; and Ari Lukoff, Associate, Intellectual Property and…more

Continuing Legal Education, Internet of Things, Privacy Concerns, Regulatory Oversight, Technology

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Early Mediation in Fiduciary Disputes

Frequent Spotlight contributor Denise Rahne sat down with former Minnesota Supreme Court Chief Justice Eric Magnuson, whose experience as a practitioner, judge, and mediator provides him with a unique perspective on early…more

Business Disputes, Closely Held Businesses, Dispute Resolution, Mediation, Mediators

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[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach To Antitrust Policy And Enforcement? - November 16th, 1:00 pm CT

In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under President…more

Antitrust Provisions, Biden Administration, Competition, Drug Pricing, Enforcement

See all updates »

The Halo Effect: More Jury Trials On Willfulness

Patent holders have faced a number of new challenges to successfully enforce their patent rights over the last several years. The creation and implementation of the Patent Trial and Appeal Board and inter partes review process…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Patent Infringement, Patent Litigation

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Obtaining Emergency Relief In Commercial Cases Amidst The COVID-19 Crisis

Civil litigation often starts with an emergency request to maintain the status quo during the lawsuit or ensure the ability to collect damages after victory. To obtain a temporary restraining order or preliminary injunction, a…more

Business Litigation, Commercial Court, Coronavirus/COVID-19, Emergency Management Plans, Judicial Proceedings

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All Eyes on Woodman’s: Bulk Packaging as Promotional Services Under the RPA

Manufacturers of goods and their attorneys are keeping close watch on the case developing between Woodman's Markets and Clorox. At issue is a manufacturer's ability to use large-packaged goods to work around the price…more

Bulk Purchasing, Clorox, Federal Trade Commission (FTC), Fred Meyer, Manufacturers

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Understanding Fiduciary Duties and Obligations in Investment and Divestment

Fiduciaries, such as trustees, financial advisors, corporate directors, and fund managers are legally bound to act in the best interests of their beneficiaries and/or clients. Duties owed by fiduciaries, including duties of…more

Beneficiaries, Fiduciary Duty, Prudent Investor Rule, Trustees

See all updates »

[Event] 2023 Trial Advocacy Seminar - Know Your Story. Tell Your Story. - November 16th, Minneapolis, MN

Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal outcomes…more

Continuing Legal Education, Events, Expert Testimony, Judges, Jury Deliberations

See all updates »

GlaxoSmithKline LLC v. Teva Pharms. USA, Inc.

Case Name: GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., 25 F.4th 949 (Fed. Cir. 2022) (Circuit Judges Moore, Newman, Dyk, Prost, O’Malley, Reyna, Taranto, Chen, Hughes, and Stoll presiding; Moore, Newman, O’Malley, Taranto,…more

Hatch-Waxman, Induced Infringement, Judgment As A Matter Of Law, Jury Verdicts, Patent Infringement

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In No Uncertain Terms - Strategies For Assessing And Mitigating Risk In Technology And Software License Disputes

Software providers, asset managers, and licensees can consider various strategies to help assess risk and effectively negotiate software license compliance disputes. Software is the heartbeat of every industry. Rapid changes in…more

Intellectual Property Protection, IP License, Software, Software Developers, Software Licenses

See all updates »

[Event] 2023 Trial Advocacy Seminar - Know Your Story. Tell Your Story. - November 16th, Minneapolis, MN

Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal outcomes…more

Continuing Legal Education, Events, Expert Testimony, Judges, Jury Deliberations

See all updates »

Joint Ventures & The COVID-19 Pandemic

May companies work with their competitors to produce equipment needed to battle COVID-19 without running the risk of antitrust enforcement actions or treble damages lawsuits?…more

Antitrust Provisions, Business Entities, Collaboration, Competition, Coronavirus/COVID-19

See all updates »

O’Bannon And Alternative Forms Of Injunctive Relief

In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district court’s…more

Antitrust Violations, Deferred Compensation, Educational Institutions, Injunctive Relief, Name and Likeness

See all updates »

15 Years Later: The I-35 Bridge Collapse and the Lessons Carried On

Fifteen years ago this August, hundreds of lives were forever changed when a 1,900-foot section of the Interstate Highway 35 West bridge between Minneapolis and Saint Paul collapsed into the Mississippi River. Tragic news of the…more

Client Services, Law Firm Associates, Pro Bono

See all updates »

Auxilium Pharms., Inc. v. FCB I LLC

Case Name: Auxilium Pharms., Inc. v. FCB I LLC, Civ. No. 20-16456, 2021 WL 2802537 (D.N.J. July 6, 2021) (Vazquez, J.) - Drug Product and Patent(s)-in-Suit: Testim® (testosterone gel); U.S. Patents Nos. 7,320,968 (“the ’968…more

Abbreviated New Drug Application (ANDA), Generic Drugs, Hatch-Waxman, Life Sciences, Obviousness

See all updates »

Robins Kaplan Justice Report Winter 2021 | VOL. 15 NO. 1

ESTABLISHING DUTY IN CHILD SEX ABUSE CASES AGAINST THE JEHOVAH’S WITNESSES - In 2019, 13 states and the District of Columbia amended civil statutes to enlarge statutes of limitations for child sex abuse claims. Eight of…more

Bodily Injury, Child Abuse, Liability, Medical Malpractice, Pharmaceutical Industry

See all updates »

Robins Kaplan Pursuing Camp Lejeune Claims

Robins Kaplan LLP is proudly representing military service men and women, and their families, who may have been injured at Marine Corps Base Camp Lejeune in Jacksonville, North Carolina. With the passing of the Camp Lejeune…more

Contamination, Drinking Water, Military Service Members, Veterans, Water Supplies

See all updates »

Centuries of Precedent are Little Help as IPR Constitutionality Divides Justices

This morning the Supreme Court heard arguments in the heavily anticipated case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on the question of whether AIA trials at the patent office, such as inter partes…more

America Invents Act, Article III, Constitutional Challenges, Energy Sector, Intellectual Property Protection

See all updates »

[Webinar] From Contract To Courtroom: Lessons Learned In Contract Litigation And Trials - September 30th, 11:00 am - 12:00 pm PT

What can we learn from past contracts, good and bad, and how they played out in the courtroom? In this presentation, seasoned-in-house counsel, trial attorneys, and a jury consultant will examine lessons learned in litigation…more

Acquisitions, Arbitration, Continuing Legal Education, Contract Disputes, Contract Drafting

See all updates »

The Robins Kaplan Justice Report - Vol. 18, No. 1

Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be…more

Bodily Injury, Career Development, Department of Corrections, Evidence, Health Care Providers

See all updates »

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach To Antitrust Policy And Enforcement? - November 16th, 1:00 pm CT

In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under President…more

Antitrust Provisions, Biden Administration, Competition, Drug Pricing, Enforcement

See all updates »

The Robins Kaplan Spotlight - VOL. 5, NO. 2 Summer 2020

The Spotlight is the result of ongoing collaboration between our national trial practice and estate planning groups, with the goal of providing a forum to discuss the latest news and other issues impacting the trusts and estates…more

Estate Planning, Fiduciary Duty, Harmless Error, Notarization

See all updates »

[Webinar] Second Annual AI Legal Summit - Session II | AI on the Edge: Legal Considerations for Artificial Intelligence Systems from Peripheral Devices - May 12th, 11:00 am - 12:00 pm PT

Recognize the IP risks that arise as artificial intelligence and machine learning take a greater foothold in your business. Our three-part seminar will present solutions to risks that are unique to AI/ML, including: -…more

Artificial Intelligence, Continuing Legal Education, Data Collection, Data Privacy, Data Security

See all updates »

Astellas US LLC v. Hospira, Inc.

Case Name: Astellas US LLC v. Hospira, Inc., No. 2022-1878, 2022 WL 17998229 (Fed. Cir. Dec. 30, 2022) (Circuit Judges Dyk, Reyna, and Cunningham presiding; Opinion by Dyk, J.) (Appeal from D. Del., Connolly, J.)…more

Abbreviated New Drug Application (ANDA), Intellectual Property Protection, Life Sciences, Patent Infringement, Patent Litigation

See all updates »

[Webinar] Second Annual AI Legal Summit - Session III | Trade Secret as a Mechanism for Protecting AI/ML Development - May 19th, 11:00 am - 12:00 pm PT

Recognize the IP risks that arise as artificial intelligence and machine learning take a greater foothold in your business. Our three-part seminar will present solutions to risks that are unique to AI/ML, including: -…more

Algorithms, Artificial Intelligence, Continuing Legal Education, Intellectual Property Protection, Investors

See all updates »

FAA Regs For Small Drones — A Step In The Right Direction

On June 21, 2016, after a long wait and much anticipation, the Federal Aviation Administration announced that it had finalized the regulations that will govern the commercial use of small unmanned aircraft systems (UAS) in the…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Section 333 Exemption

See all updates »

Can the Threat of Fees Discourage Unnecessary Fiduciary Disputes? Maybe...

The early stages of partner and shareholder relationships are about hope and promise, not discord and dispute. Yet, the earliest stage—and during the drafting of the partner or shareholder agreement—offer real opportunities to…more

Dispute Resolution, Fee-Shifting, Legal Fees, Partnerships, Shareholders

See all updates »

The Blame Game: Can Cyber Crimes Fall Under the War Exclusion?

We’ve all been cautioned not to click on unfamiliar links, to delete suspicious emails, and to otherwise safeguard against unknown hackers. Cyber attacks have risen in the past decade, developing into a trillion-dollar industry…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Hackers

See all updates »

Chaos v. Predictability: The Enforceability of Choice of Law Provisions

When a new claim is made or a lawsuit is filed, one of the first questions asked is whether the policy at issue contains a choice of law provision.  These provisions dictate the law that should govern the parties’ dispute and…more

Choice-of-Law, Insurance Contracts, Insurance Industry, Policy Terms

See all updates »

Uber Company Systems Compromised by Widespread Cyber Hack

Uber discovered yesterday that its computer network had been hacked, with a person claiming responsibility sending “images of email, cloud storage and code repositories to cybersecurity researches and The New York Times.” The…more

Capital Markets, Financial Institutions, Financial Markets, Financial Services Industry

See all updates »

[Remote Event] Health Care Antitrust Under President Biden - What Health Care Companies May Expect By Way Of Antitrust Policy And Enforcement In The Next Four Years - March 9th, 1:00 pm - 2:00 pm CT

After a turbulent year that roiled the economy, and the health care sector more than most, the Democrats emerged with control of both the White House and Congress for the first time since 2014. Business leaders and in-house…more

Abuse of Dominance, Antitrust Division, Antitrust Immunity, Antitrust Litigation, Antitrust Provisions

See all updates »

Protecting Your Trade Secrets: Trust but Verify

Most companies rely heavily on contractual obligations to protect their trade secrets. Employee and vendor agreements typically include non-disclosure provisions. Depending on the state and the nature of an employee’s position,…more

Confidential Information, Intellectual Property Protection, Misappropriation, Non-Compete Agreements, Non-Disclosure Agreement

See all updates »

DOJ Signs Off On First COVID-Related Competitor Collaboration Not Involving Medical Supplies

On May 15, 2020, the Antitrust Division of the Department of Justice announced its first approval of a COVID-19 competitor collaboration that does not involve equipment or medications directly related to fighting the pandemic…more

Coronavirus/COVID-19, Corporate Counsel, Department of Justice (DOJ), Medical Supplies

See all updates »

Do We Have to Share That Information? Attorney-Client Privilege in the Multi-Entity Context

A bedrock feature of the attorney-client relationship is the privilege protecting legal-advice communications from prying eyes. Confidential communications between a client and her lawyer are protected to a degree not found in…more

Attorney-Client Privilege, Board of Directors, Confidential Communications, Corporate Counsel, Joint Venture

See all updates »

Price Gouging In The COVID-19 Pandemic: Protecting Yourself And Your Business

Supply difficulties and price changes are focusing businesses and governments on laws and orders against hoarding and price gouging…more

Antitrust Provisions, Antitrust Violations, Coronavirus/COVID-19, Corruption, Goods or Services

See all updates »

Antitrust Bulletin – Vol. 6, No. 1

In 2013, the U.S. Department of Justice, Antitrust Division obtained even more record-breaking fines in its ongoing antitrust investigation of the automobile parts industry. The investigation, which began in 2011, has uncovered…more

Automotive Industry, Trucking Industry

See all updates »

[Event] 2023 Trial Advocacy Seminar - Know Your Story. Tell Your Story. - November 16th, Minneapolis, MN

Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal outcomes…more

Continuing Legal Education, Events, Expert Testimony, Judges, Jury Deliberations

See all updates »

Crack the Code: Evaluating Cyber Claim Exposure

Small businesses account for 99.9 percent “of all American businesses,” with more than 33.1 million small businesses employing a staggering 61.7 million Americans. There is nothing “small” about their import to the economy or…more

Business Losses, Cyber Attacks, Insurance Claims, Insurance Industry, Ransomware

See all updates »

The Robins Kaplan Justice Report - Vol. 18, No. 1

Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be…more

Bodily Injury, Career Development, Department of Corrections, Evidence, Health Care Providers

See all updates »

Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc.

Case Name: Orexigen Therapeutics, Inc. v. Actavis Laboratories Fl, Inc., Civ. No. 15-451-RGA, 2017 U.S. Dist. LEXIS 169570 (D. Del. Oct. 13, 2017) (Andrews, J.)…more

Actavis Inc., Generic Drugs, Hatch-Waxman, Intellectual Property Protection, Patent Infringement

See all updates »

The Intersection Between Intellectual Property Law and Employment Law

Employment law often becomes the centerpiece in intellectual property litigation. Understanding how these two disciplines intertwine can be critical to winning or losing a case. Attorneys Becky Thorson and Christopher Seidl shed…more

Intellectual Property Litigation, Patent Litigation, Patent Ownership, Patents, Popular

See all updates »

Raoul Shah: Keeping Humanity and Compassion Close

For Raoul Shah, the decision to become a lawyer was always about helping people. His passion stems from validating victims’ experiences and helping them hold their wrongdoers accountable…more

Client Services, Law Firm Associates, Law Firm Partners, Law Practice Management, Legal Project Management

See all updates »

15 Years Later: The I-35 Bridge Collapse and the Lessons Carried On

Fifteen years ago this August, hundreds of lives were forever changed when a 1,900-foot section of the Interstate Highway 35 West bridge between Minneapolis and Saint Paul collapsed into the Mississippi River. Tragic news of the…more

Client Services, Law Firm Associates, Pro Bono

See all updates »

Can the Threat of Fees Discourage Unnecessary Fiduciary Disputes? Maybe...

The early stages of partner and shareholder relationships are about hope and promise, not discord and dispute. Yet, the earliest stage—and during the drafting of the partner or shareholder agreement—offer real opportunities to…more

Dispute Resolution, Fee-Shifting, Legal Fees, Partnerships, Shareholders

See all updates »

Collateralized Loan Obligations: Emerging Litigation Risks

I. Introduction - Financial experts are forecasting significant increases in borrower defaults on leveraged loans held in collateral loan obligations (“CLOs”). From the ashes of these defaults will arise litigation similar to…more

Asset-Backed Securities, Business Litigation, Collateralized Loan Obligations, Default, Investment

See all updates »

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach To Antitrust Policy And Enforcement? - November 16th, 1:00 pm CT

In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under President…more

Antitrust Provisions, Biden Administration, Competition, Drug Pricing, Enforcement

See all updates »

[Event] 2023 Trial Advocacy Seminar - Know Your Story. Tell Your Story. - November 16th, Minneapolis, MN

Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal outcomes…more

Continuing Legal Education, Events, Expert Testimony, Judges, Jury Deliberations

See all updates »

The Three C’s Of Surety Bond Underwriting And The Increasing Importance Of Character

Before issuing a bond, a surety will evaluate a company using the three c’s: (1) capital, (2) capacity, and (3) character. And while suretyship is not a field that changes often, a small shift towards relying more on character…more

Capital Requirements, Financial Services Industry, Regulatory Requirements, Surety Bonds

See all updates »

Astellas US LLC v. Hospira, Inc.

Case Name: Astellas US LLC v. Hospira, Inc., No. 2022-1878, 2022 WL 17998229 (Fed. Cir. Dec. 30, 2022) (Circuit Judges Dyk, Reyna, and Cunningham presiding; Opinion by Dyk, J.) (Appeal from D. Del., Connolly, J.)…more

Abbreviated New Drug Application (ANDA), Intellectual Property Protection, Life Sciences, Patent Infringement, Patent Litigation

See all updates »

[Event] 2019 Trial Advocacy Seminar: Back to Justice - October 14th, Minneapolis, MN

The future is now. Artificial intelligence is all around us, from our homes to our workplaces to our hospitals. Automobiles drive themselves. Wearable devices track our every move and measure our health. Our genetic code can be…more

3D Printing, Artificial Intelligence, Client Services, Data Privacy, Data Protection

See all updates »

Obtaining Emergency Relief In Commercial Cases Amidst The COVID-19 Crisis

Civil litigation often starts with an emergency request to maintain the status quo during the lawsuit or ensure the ability to collect damages after victory. To obtain a temporary restraining order or preliminary injunction, a…more

Business Litigation, Commercial Court, Coronavirus/COVID-19, Emergency Management Plans, Judicial Proceedings

See all updates »

[Webinar] Latest Trends at the International Trade Commission - December 6th, 11:00am CT

This webinar will discuss the latest trends for intellectual property disputes at the International Trade Commission (ITC). Examples of questions answered during this webinar include: - What are the current statistics on…more

Intellectual Property Protection, International Trade Commission (ITC), Patent Trial and Appeal Board, Webinars

See all updates »

When is a Flood a “Flood”: East Coast Edition

Last month, heavy rainstorms in California brought to the forefront the issue of what is a “flood” under California law, particularly in regard to rain and surface water. We noted a California court held “flood” in its plain…more

Flood Insurance, Flooding, Insurance Industry, Insurance Litigation, Natural Disasters

See all updates »

FCC Takes Action Against COVID-19-Related Scam Robocalls

Earlier this month, the Federal Communications Commission (“FCC”) and the Federal Trade Commission (“FTC”) jointly warned three gateway providers to immediately stop transmitting a “flood” of overseas-originating scam robocalls…more

Coronavirus/COVID-19, FCC, Federal Trade Commission (FTC), Robocalling, Scams

See all updates »

The Robins Kaplan Spotlight, Vol. 6, No. 4 - Quiet Trusts: The Benefits of Privacy in Estate Planning

In the wake of the “Pandora Papers,” the use of secret trusts has come under fire. The media has depicted secrecy in trust administration as a tactic to allow the wealthy to conceal their riches and avoid tax obligations. With…more

Asset Management, Beneficiaries, Estate Planning, Trust Distributions, Trustees

See all updates »

The Robins Kaplan Justice Report - Vol. 18, No. 1

Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be…more

Bodily Injury, Career Development, Department of Corrections, Evidence, Health Care Providers

See all updates »

Antitrust Bulletin – Vol. 6, No. 1

In 2013, the U.S. Department of Justice, Antitrust Division obtained even more record-breaking fines in its ongoing antitrust investigation of the automobile parts industry. The investigation, which began in 2011, has uncovered…more

Automotive Industry, Trucking Industry

See all updates »

Why Businesses are Busy Now Updating Compliance Around Transfers of European Data to Comply with a September 27 Deadline—And Why Yours Should be Too.

Personal data transfers from the European Economic Area (“EEA”) to most other countries, including the United States, require companies to take prompt compliance action. The General Data Protection Regulation (“GDPR”) requires…more

Cybersecurity, Data Protection, European Commission, European Court of Justice (ECJ), European Economic Area (EEA)

See all updates »

The Robins Kaplan Spotlight, Vol. 6 No. 1, Spring 2021 - Fiduciary or Foe? Revisiting Meinhard v. Salmon

Most lawyers have read—and likely briefed—the staple cases that helped to shape American fiduciary law. In the business law and partnership context, it is difficult to imagine a more well-known case than Meinhard v. Salmon. The…more

Business Partners, Fiduciary, Fiduciary Duty, Leases, Partnerships

See all updates »

The Robins Kaplan Spotlight - VOL. 5, NO. 3 Fall 2020

The Spotlight is the result of ongoing collaboration between our national trial practice and estate planning groups, with the goal of providing a forum to discuss the latest news and other issues impacting the trusts and estates…more

Asset Management, Asset Valuations, Decedent Protection, Estate Planning, Financial Planning

See all updates »

Connecticut Becomes Fifth US State to Pass Comprehensive Consumer Privacy Law

On May 10, 2022, Connecticut became the fifth state to sign into law a comprehensive consumer privacy law. The law, the Connecticut Data Privacy Act (“CTDPA”), will go into effect on July 1, 2023, giving businesses fewer than 14…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

See all updates »

Using Alternative Fee Arrangements to Redefine Your Bottom Line

In 1958, the American Bar Association (ABA) published a pamphlet recommending that attorneys track and keep detailed records of their time. For better or for worse, legal work has since been measured by the “billable hour”—the…more

Alternative Fee Arrangements, Business Development, Client Services, Legal Fees, Legal Project Management

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

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Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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