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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Foley & Lardner LLP

Franchisee Claims for Promissory Estoppel and Violations of the Michigan Franchise Investment Law Fail

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A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise...more

Morrison & Foerster LLP - Social Media

Social Links: Avoid Becoming A Social-Media-Scam Victim; Does Stream-Ripping Site Violate Copyright Law?

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Reports of social media scams that have caused users to lose money had tripled by the end of 2020’s second quarter, resulting in the loss of $117 million during the first two quarters of this year alone. Romance scams and...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2020

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Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks. Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a...more

Orrick, Herrington & Sutcliffe LLP

Face-off on Use of Biometric Technology in the UK

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In one of the world’s first test cases regarding the legality of the use of automated facial recognition and biometric technology, on 11 August 2020 the English Court of Appeal handed down judgment in R (Bridges) v CC South...more

Knobbe Martens

Federal Circuit Review - June 2020

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Non-Infringement Need Not Be “Actually Litigated” To Shield Accused Products From Infringement Liability In Subsequent Actions - In In Re Personal Web Technologies LLC, Appeal No. 19-1918, the Federal Circuit ruled that the...more

Epstein Becker & Green

Is the Affordable Care Act a House of Cards? If Yes, What Does the Recent Texas Court Decision Mean for the US Health Insurance...

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In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more

White and Williams LLP

Delaware Supreme Court Rules Insured’s Claim Too Late, Reverses Bad Faith Judgment

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In Homeland Insurance Company of New York v. CorVel Corporation, the Delaware Supreme Court addressed whether a bad faith claim accrues under the Louisiana Bad Faith Statute once the insured could plead damages or not until a...more

Orrick - Finance 20/20

Monoline Insurer Sues Trustee Over Settlement Figure in RMBS Repurchase Action

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On June 8, 2018, monoline insurer Ambac Assurance Corporation (“Ambac“) filed a complaint in the United States District Court for the Southern District of New York against U.S. Bank National Association (“U.S. Bank“), trustee...more

Fish & Richardson

Declaratory Judgment Litigation Brought by Biosimilar Manufacturers

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Courts have begun to shape the contours of the Biologics Price Competition and Innovation Act (“BPCIA”) and the progress of biosimilar litigation, but the use of declaratory judgment actions by biosimilar manufacturers...more

Carlton Fields

CGL Policies And Data Breaches: No Publication, No Coverage

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As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

Orrick - Trade Secrets Group

Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

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Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sandoz, Inc. v. Amgen, Inc.

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On June 12, 2017, the Supreme Court decided Sandoz, Inc. v. Amgen, Inc., Nos. 15-1039, 15-1195, in which it held that (a) a manufacturer of a licensed biological product cannot obtain federal injunctive relief to enforce 42...more

Hogan Lovells

Paul McCartney chants 'Get Back' again – The Future of Copyright Termination

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The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements...more

Burr & Forman

What Is an ATDS? The New Battleground in TCPA Litigation Since The FCC’s Declaratory Ruling

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The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those prosecuting and defending these claims. A recent and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

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The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Proskauer - New England IP Blog

Future and Unreleased Products Can’t Drive Litigation

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In a recent decision out of the District of Massachusetts, Judge Talwani provided litigants with insights into patent subject matter jurisdiction in declaratory judgment actions. Here the patent owner, US Carburetion, had...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

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Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

Womble Bond Dickinson

Basics of the BPCIA

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The FDA broadly defines biologics as medical products derived from living sources (human, animal, plant, or microorganism) intended to treat or prevent diseases. Biologics thus include such varied vehicles of medical...more

Faegre Drinker Biddle & Reath LLP

Policy for Employee Theft Including Forgery Doesn’t Cover Employee Forgery

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A seller extends $90 million in credit to a customer, secured by letters of credit. When the debtor can’t pay, the seller discovers the instruments are fakes, forged by its own employee. Can the seller recover under a...more

Genova Burns LLC

Bakery's Apple Pie Design is Functional and Inelgible for Trademark Protection, Third Circuit Affirms

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The Third Circuit Court of Appeals affirmed a district court’s determination that the key element of a gourmet bakery’s registered pastry design was functional, and therefore ineligible for trademark protection, in Sweet...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 2 (Spring 2016)

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Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar - The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more

Dorsey & Whitney LLP

Court Grants Student Loan Debt Relief to a Graduate of a Non-Accredited Medical School

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On April 4, 2016, the U.S. Bankruptcy Court for the Eastern District of New York issued a decision that may significantly change the landscape of student debt relief. In re Decena, No. 15-72903, 2016 WL 1371031 (Bankr....more

Dorsey & Whitney LLP

Using Design Patents to Claim Functional Elements???

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A recent opinion from the United States Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co., No. 2015-1553, 7 (Fed. Cir. 2016), held that design patents can provide protection for ornamental...more

McDermott Will & Emery

BREAKING NEWS: Sales Tax Battle Breaks Out in South Dakota; Quill’s Last Stand?

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On March 22, 2016, South Dakota Governor Dennis Daugaard signed into law Senate Bill 106, which requires any person making more than $100,000 of South Dakota sales or more than 200 separate South Dakota sales transactions to...more

Bradley Arant Boult Cummings LLP

Florida Appellate Court Bolsters Statutory HOA Safe Harbor

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A significant opinion from the Florida Third District Court of Appeal further clarifies the extent of the Florida statutory homeowners association (HOA) “safe harbor.” In the end, entities that obtain title through judicial...more

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