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Memorandum Opinions

McDermott Will & Emery

Types of Tax Court Opinions and Their Precedential Effect (Updated)

McDermott Will & Emery on

At the end of 2016 we posted “Types of Tax Court Opinions and Their Precedential Effect” and added that document to the Resources tab on the blog. We recently updated this resource and, below, we’ve also provided the updated...more

Winstead PC

Update: Federal Judge Rules That Only Natural Persons Can Be Inventors

Winstead PC on

Recently, a federal judge in the Eastern District of Virginia issued a memorandum opinion in the ongoing dispute over whether artificial intelligence (“AI”) machines may be properly identified as inventors on U.S. patent...more

Fox Rothschild LLP

District Of Delaware Concludes That ICON’s Alleged Claims Against Peleton For Statements Concerning “Innovation” Fail To State A...

Fox Rothschild LLP on

By Memorandum Opinion entered by the Honorable Richard G. Andrews in Peleton Interactive, Inc. v. ICON Health & Fitness, Inc., Civil Action No. 20-662-RGA (D.Del. May 28, 2021), the Court granted in part and denied in part...more

Fox Rothschild LLP

Always Read The Footnotes

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There is a school of thought in legal writing that you should never put anything too important in footnotes, as some readers might skip over them. Well, if you are one of those readers, then you would have missed a good...more

Skadden, Arps, Slate, Meagher & Flom LLP

IPO Costs Are Nondeductible Even When a Corporation Later Goes Private

A corporation may not deduct previously capitalized costs that facilitated an initial public offering (IPO) even when it later ceases to be a publicly traded company, according to an internal memorandum by the Internal...more

Jackson Walker

Texas Bankruptcy Court – Applying Oklahoma Law – Concludes That Gathering Agreements Created Covenants Running With the Land and...

Jackson Walker on

On December 20, 2019, the United States Bankruptcy Court for the Southern District of Texas (Marvin Isgur presiding) entered a memorandum opinion and order finding that midstream gathering agreements created covenants running...more

Kramer Levin Naftalis & Frankel LLP

National Labor Relations Board’s General Counsel Explains Broad Non-Disparagement Provision Violates National Labor Relations Act

On Nov. 14, 2019, the office of the National Labor Relations Board’s (NLRB) General Counsel released an advice memorandum finding an employer violated federal labor law by requiring employees to sign a broad non-disparagement...more

Spilman Thomas & Battle, PLLC

Economic Progress Coming Soon to the West Virginia Natural Gas Industry - WVSCA Affirms Siting Certificate

As has been reported in a number of news and industry outlets recently, West Virginia lags very far behind neighboring Ohio and Pennsylvania in developing new base load power plants that are powered and supplied by the...more

Holland & Knight LLP

Texas Court: Service of Process for Civil Suits Must Occur Within Statute of Limitations - Or Plaintiff Must Demonstrate Diligence...

Holland & Knight LLP on

• Under Section 16.003 of the Texas Civil Practice and Remedies Code, a plaintiff must "bring suit" on claims for, among other things, personal injury or wrongful death within a two-year statute of limitations. • In a...more

Baker Donelson

Medicare 340B Drug Payment Policy Survives Legal Challenge; Hospitals Say, It's Not Over

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A federal court has handed CMS an initial legal victory enabling drastic cuts in Medicare Part B payment to take effect for separately payable drugs and biologicals purchased by hospitals under the 340B Drug Discount Program...more

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