• JD Supra United States

Publisher:
JD Supra
Publication date:
2019-04-29

Latest documents

  • Illinois Law Firm Recovers No Attorney's Fees After Trial Court Concluded The Firm Breached Its Fiduciary Duties

    Scot Vandenberg v. RQM, LLC, 2020 IL App (1st) 190544 -
 
 Brief Summary -
 
 An Illinois appellate court affirmed the adjudication of a firm's attorney's liens down to zero, where the discharged firm failed to provide any evidence of the amount of hours it had spent on the case, and also where the firm had engaged in multiple breaches of its fiduciary duties to its clients. As a matter of law, the firm was not barred from receiving attorney's fees, but the breaches of fiduciary duty were reasonable factors for the trial court to consider in determining the appropriate amount of fees to award....

  • President Issues Executive Order on Preference for Hiring American Workers for Government Contracts

    On August 3, 2020, President Trump issued Executive Order No. 13940 (“EO”), which builds on several prior EOs which have discussed preferences for American workers performing work on U.S. government contracts. This preference has seen a highlighted position due to (a) the current administration’s positions on immigration and foreign workers; (b) the current economic situation; and (c) the impacts of the Novel Coronavirus COVID-19 Pandemic and its impacts.

  • Patent Prosecution Tool Kit: Medical Device Considerations

    Preparing and prosecuting medical device patents can be unique and challenging. Patent owners and practitioners often must consider a wide range of converging technologies from the mechanical, electrical, chemical, and biotechnological arts. Here are a few best practices to keep in mind as part of your medical device prosecution toolkit...

  • Illumina, Inc. v. Ariosa Diagnostics, Inc. (Fed. Cir. 2020)

    Federal Circuit Hands Down Modified Opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc.
 
 Earlier this year, the Federal Circuit (somewhat surprisingly) found claims of two Sequenom patents directed to methods for detecting fetal DNA in maternal blood to satisfy the subject matter eligibility requirements of Section 101 (see "Illumina, Inc. v. Ariosa Diagnostics, Inc. (Fed. Cir. 2020)")....

  • New North Carolina Commercial Receivership Act

    Receiverships are a flexible, court-supervised tool that can help troubled companies and individuals with business debts avoid a lengthy bankruptcy proceedings. A receiver acts much like a bankruptcy trustee by assuming responsibility for the property or assets of an entity or individual owing business debts.

  • Key Concepts You Should Be Aware Of As A 401(k) Plan Sponsor

    Times change and seasons change. Yet, some things remain the same. When it comes to sponsoring a 401(k) plan, some key concepts never change, whether there is a global pandemic going on or not. This article is about the key concepts that 401(k) plan sponsors need to understand, no matter what period you’re stuck in.

  • Addressing Ad Fraud and Brand Safety in Today’s Digital Landscape

    With digital advertising being a multi-billion dollar industry and COVID forcing many online, many have growing concerns surrounding the policing of digital advertising. Namely, companies want to know that their advertising is reaching the appropriate audience(s) and that statistics detailing the reach of advertising on different platforms are accurately reported...

  • Privacy & Cybersecurity Update - July 2020

    In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two federal court decisions involving a challenge to Maine's broadband privacy law and an Ohio ruling on companies' liability regarding third-party criminal conduct, as well as New York state's first-ever enforcement action under its cybersecurity regulation. In addition, we review a new EU regulation of online business platforms, the European Commission's report on the past two years of the GDPR and the U.N.'s mandate involving automobile cybersecurity....

  • July 2020: Trial Practice Update

    As a general matter, parties in civil litigation are permitted to plead inconsistent claims and defenses. Fed. R. Civ. P. 8. Although this may seem at odds with the court’s interest in discerning the truth, the rule reflects a sensible policy. Parties often cannot know all of the relevant facts and circumstances at the outset of a case.

  • Pacira Pharmaceuticals Pays $3.5M to Settle Allegations of Using Grants as Kickbacks

    On July 28, 2020, the Department of Justice (DOJ) announced a $3.5 million settlement to resolve allegations against Pacira Pharmaceuticals Inc. that it paid kickbacks to doctors in the form of “bogus” research grants to induce them to prescribe its analgesic EXPAREL.

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