JD Supra United States
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- 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.
- DMC Corp v. Shriver
The Tennessee Supreme Court held that a proper bill has both a title and text. The text of the anti-pyramid law was added after the bill had been read twice in the senate, but before final passage. However, the state statutes required both a title and text to be defined as a bill. Therefore, the...
- Do the business activities of Koscot violate Kansas State's unlawful business practices act?
The Kansas Supreme Court ruled that the activities of Koscot violated the state unlawful business practices act, and the revocation of the company's business license and injunctions preventing similar operations were appropriate. Koscot sold cosmetics though a network of distributors who were...
- Can the state enact legislation that affects contracts entered into before the legislation took affect?
The Nevada Supreme Court held that the state, exercising its police powers, could enact legislation that voids contracts previously entered into. Koscot operated in Nevada, selling cosmetics through a network of independent distributors. The State Legislature enacted a statute that prohibited...
- Was Phase II an illegal chain referral program?
The Court held that Phase II was a chain referral program in violation of state statute and that its activities should be enjoined because of a substantial likelihood of future harm. Phase II sold cosmetics through a MLM structure. Distributors made a commission based on their sale of products to...
- Does the payment of recruitment bonuses to distributors by a company instead of directly from new recruits exempt such a program from state pyramid statutes?
The South Carolina Court of Appeals held that regardless of who actually paid the distributors, the company was an unlawful pyramid scheme subject to regulations. VIP argued that the exact words of the statute required payments for recruiting new members to be made directly to the recruiter. The...
- Does the sale of a product as part of a promotional program exempt the program from state statutes forbidding endless chain distribution programs?
The Texas Court of Appeals held that the sale of a product does not allow a program to escape Texas' endless chain statute. The Philco Money Express was a pyramid marketing program that sold participants a quarterly financial magazine and the right to solicit new members. The magazine was held to...
- Can a bank be held liable for negligence in connection with an illegal pyramid scheme operated by one of its depositors?
The Louisiana Supreme Court was asked if a bank could be held liable for negligence in connection with an illegal pyramid scheme operated by one of its depositors. The case and case summary can also be viewed online at: http://www.mlmlegal.com/legal-cases/Kueber_v_Martin2.php...
- Amoco Chemical Company, et al.
Amoco Chemical produced polystyrene cups and plates and marketed them as recyclable. The FTC brought a complaint, alleging that the polystyrene products were not recyclable because there were only a few facilities in the nation that would accept them. Also available at: http://www.mlmlega...
- Is Summary Judgment appropriate when a company pleads an "Amway safeguards defense?"
The Court of Appeals held that to succeed on Summary Judgment by asserting an "Amway safeguards defense", a company must present evidence that their safeguards are actually effective in preventing inventory loading and encouraging retail sales by distributors. In the District Court,...
- A contract, scheme or transaction whereby a downline invests services, but not money, in a common enterprise, and expects a return solely for the efforts of another, can be a regulated security.
The Securities & Exchange Commission brought suit against International Heritage, Inc. (IHI) for various securities violations and obtained an injunction, partly relating to the compensation plan. IHI tendered a modified compensation plan to the court and requested relief from the injunction....