BakerHostetler

FTC: Dentists Not Shielded From Teeth-Whitening Competition

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners (Board) failed to convince the U.S. Court of Appeals for the Fourth…more

| Antitrust & Trade Regulation, Health

Patent Watch: Organic Seed Growers & Trade Ass'n v. Monsanto Co.

"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a covenant…more

| Agriculture, Civil Procedure, Civil Remedies, Commercial Law &...

Patent Watch: InterDigital Commc'ns, Inc. v. Int'l Trade Comm'n

"[A]n ITC order terminating an investigation on the basis of an arbitration agreement [is] an appealable final determination under 19 U.S.C. § 1337(c) [over which the Federal Circuit has] jurisdiction under 28 U.S.C. §…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

Careful Planning Required to Avoid New York’s Estate Tax

Now that Congress has implemented a relatively large per person federal gift/estate tax exemption (i.e., the per person federal gift/estate tax exemption is $5,250,000 in 2013, indexed for inflation), many think that estate tax…more

| Family Law, Taxation, Wills, Trusts, & Estate Planning

Estate Planning Documents of Married Clients Should Be Reviewed

Estate plans for married clients typically provide first for the surviving spouse, in a manner that avoids estate tax at the first spouse’s death and minimizes that tax at the second spouse’s death…more

| Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

Clapper and Data Breach Litigation

In Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under the Foreign…more

| Civil Procedure, Constitutional Law, Privacy, International Law & Trade

New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket. Today’s decision bucks what had been a trend in the Court’s decisions in recent years strongly…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

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