Commercial Law

On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.

Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.

Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands ' Anthem, Blue Cross Blue Shield, Experian and Sony Pictures Entertainment, to name just some of the most notorious recent victims ' it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.

Professional Association's Censure Not Actionable in Courts

In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities to a potential plaintiff, bypassing employees and agents entirely?

Despite over 150 years of Supreme Court precedent, even the most basic precepts of patent exhaustion doctrine remain unsettled. In Lexmark, the United States Court of Appeals for the Federal Circuit grappled with the very foundations of the so-called "first sale" defense.

A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task.

On Sept. 9, 2015, Excellus BlueCross BlueShield announced a data breach that compromised about 10.5 million people's personal information, including Social Security numbers and medical and financial information. Excellus discovered the data breach during an investigation of its computer system. The breach had occurred on Dec. 23, 2013. A class action has already been filed, and Excellus is cooperating with the FBI.