News & Analysis as of

Functional Equivalent

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

EMIR - European Securities Agencies Issue Statement on EMIR Variation Margin Rules, More Entities Exempt from EMIR and ESMA Re-Affirms Commitment to Co-Operate with Non-EU Regulators on CCPs - On 23 February, the...more

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

by Fisher Phillips on

As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

Chevrons, Stripes, Cheerleaders, and Copyright: The Supreme Court Hears Oral Argument in Star Athletica v. Varsity Brands

The closely watched case of Star Athletica v. Varsity Brands was argued in front of the the Supreme Court on Monday, offering anxious fashion designers a glimpse into how the Justices may rule. ...more

Mylan and Biocon Present Trastuzumab Biosimilar Data at ASCO

by Goodwin on

On June 3, Mylan N.V. and Biocon Ltd. presented phase 3 clinical data regarding their trastuzumab product (dubbed MYL-1401O), which is a proposed biosimilar to Genentech’s Herceptin, at the 2016 American Society of Clinical...more

How Far Does the "Functional Equivalent" Standard Extend?

by McGuireWoods LLP on

Many previous Privilege Points have addressed the corporate-friendly "functional equivalent" doctrine, under which non-employees who essentially act as employees are inside privilege protection. An equal number of Privilege...more

Are Consultant’s Employees Functionally Equivalent To Client’s Employees?

by Allen Matkins on

As a general matter, the attorney-client privilege is waived by disclosing a communication to a third party. When a corporation hires an investment banker, the corporation’s attorneys will frequently communicate with...more

E-signatures – Do They Change Ontario Real Estate Deals?

by Bennett Jones LLP on

Over the last 20 years, since the introduction of the electronic land registry system, real estate in Ontario has slowly been making its way into the electronic age. On July 1st, 2015 another step was taken. All real estate...more

Letter From America: Internal investigations – a stark reminder of the dangers of failing to implement strict protocols from the...

by DLA Piper on

A recent ruling in long-running civil litigation against the Bank of China (“BOC”) in the United States District Court for the Southern District of New York provides a stark reminder of the dangers of failing to develop and...more

A Southern District of New York Decision Adopts Narrow Views of Privilege Protection for Independent Contractors and...

by McGuireWoods LLP on

Last week's Privilege Point described the Southern District of New York's prediction that the Second Circuit might reject the widely-accepted "functional equivalent" doctrine. Church & Dwight Co. Inc. v. SPD Swiss Precision...more

A Southern District of New York Decision Adopts Narrow Views of Privilege Protection for Independent Contractors and...

by McGuireWoods LLP on

Not all recent Southern District of New York decisions have favored privilege protection in the corporate setting. In Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GmbH, No. 14-cv-585, 2014 U.S. Dist. LEXIS 175552...more

USPTO Finally Issues New Guidance On Patent Subject Matter Eligibility

by Foley & Lardner LLP on

The USPTO has issued new “Interim Guidance” for determining whether claims are eligible for patenting under 35 USC § 101. Although the new guidance technically applies to all technologies and all types of claims, Applicants...more

Federal Circuit Holds Foreseeable Equivalents Infringe Under Doctrine of Equivalents

by Davis Wright Tremaine LLP on

The Court of Appeals for the Federal Circuit held Wednesday that the doctrine of equivalents covers alternatives that were foreseeable at the time of application but not literally claimed. As a result, patent drafters will...more

12 Results
|
View per page
Page: of 1
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!