Ex Parte

News & Analysis as of

Ex Parte Communications between Treating Physician and Attorneys

Under HIPAA, physicians are permitted to disclose “protected health information” to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their...more

Registrability and Enforceability -- Look Beyond the Register to Determine Scope of Trademark Rights

The Trademark Trial and Appeal Board's recent decision in In Re The Franchise Group, (TTAB July 2, 2014) reiterates that marks in use in the marketplace, not just on the Register, help determine whether trademarks in the U.S....more

Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls

Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at...more

Court Declares Parties Are Over-Litigating the Case and Orders Parties to Reduce Disputed Jury Instructions or Face Reduced Trial...

In this patent infringement action, the district court concluded that the parties were over-litigating the case and matters were only getting worse as trial got closer. "The Court's previously stated concern that the parties...more

Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct

Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich. Sept. 12, 2013). This case has made some headlines and includes accusations that ex parte communications took place. ...more

Mischaracterizing Record of Ex Parte Reexamination May Constitute Inequitable Conduct

In Ohio Willow Wood Co. v. Alps South, LLC, No. 2012-1642 (Nov. 15, 2013) the Federal Circuit reversed a district court’s summary judgment ruling of no inequitable conduct and suggested in its decision that the patentee...more

Defense Counsel’s Ex Parte Investigation Of EEOC Claimants Leads To Sanctions By New Jersey District Court

In EEOC v. FAPS, Inc., 2013 WL 4833535 (D.N.J. Sept. 10, 2013) (unpub.), the employer’s attorneys hired a private investigator to conduct ex parte interviews with claimants in a pending civil suit brought by the Equal...more

Court Overturns Presuit Patient Authorization Requirement Under Florida Medical Malpractice Statute

On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more

Perquisition Privée: France Ahead Of U.S. In Allowing Trade Secret Owners To Seize Property From Suspected Thieves

Can trade secret owners secretly petition a court to seize property from a competitor that they suspect of stealing trade secrets? In the United States, the answer is: “Not yet.” This is one of the issues that Congress is...more

Guidelines For Corporate Political Activity In Minnesota

In this publication: Lobbyist Registration - - Lobbying Defined. - Definition Of Lobbyist - Lobbyist Registration Lobbyist Report And Record Keeping - - Periodic Lobbyists Reports - Information...more

Flag on the Play

Football coach Vince Lombardi famously opined that, “Winning isn’t everything; it’s the only thing.” This mantra captured the public’s imagination during Lombardi’s reign as coach of the Green Bay Packers in the 1960s,...more

Federal Court Of Appeal Deals A Blow To The Canada Revenue Agency: Full Disclosure Must Be Made On Ex Parte Applications

On February 21, 2013, the Federal Court of Appeal released two decisions related to the obligations of the Minister of National Revenue when making ex parte applications under subsection 231.2(3) of the Income Tax Act (the...more

Ex parte Remedies and Disclosure

As I noted in my posts on Mareva Injunctions and Anton Piller Orders, seeking powerful remedies can be risky. Because these orders often sought ex parte, the plaintiff must make full, fair and frank disclosure of all...more

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on...more

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