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Burden of Proof › Disclosure

Jones Day

“First Available” Date Alone Is Insufficient Evidence of Disclosure

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The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...more

Axinn, Veltrop & Harkrider LLP

The Sewage of Expert Report Deadlines

Axinn, Veltrop & Harkrider LLP on

Expert report deadlines are a feature of every patent case's scheduling order, but they nevertheless are the constant source of disputes. For example, battles over whether to have two or three or four rounds of expert reports...more

Davies Ward Phillips & Vineberg LLP

Kraft (Re): Tips from Ontario’s Capital Markets Tribunal—When Is Selective Disclosure in the “Necessary Course of Business”

Davies Ward Phillips & Vineberg LLP on

In a first for Canadian securities laws, on October 20, 2023 Ontario’s Capital Markets Tribunal (Tribunal) released substantive guidance on the meaning of the “necessary course of business” (NCOB) exception to the prohibition...more

Conn Kavanaugh

SJC Holds that Bar Counsel has Burden of Proof on Whether Disclosed Information is “Generally Known” for Violation of Rules of...

Conn Kavanaugh on

A recent decision from the Massachusetts Supreme Judicial Court (SJC) addresses the circumstances under which an attorney may be subject to discipline for disclosing confidential client information. In the Matter of Michael...more

Akerman LLP - HR Defense

NLRB Clarifies Standard for Reviewing Workplace Polices, Finds Confidentiality and Media Contact Policies Lawful

Akerman LLP - HR Defense on

Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client...more

Best Best & Krieger LLP

Attorney Billing Invoices Privileged From Disclosure Under PRA

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California Court of Appeal Rules Attorney-Client Privilege Exemption Covers Billing Invoices - Billing invoices sent by an attorney to a client are exempt from disclosure under the California Public Records Act, a...more

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