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Litigation

  • Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the Panduit Factors Are Fully Apportioned

    On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in Mentor Graphics Corp. v. EVE-USA, Inc., a case that could have significant implications for lost profit damages and apportionment.

    October 02, 2017Amy Proctor and Molly Russell
  • SCOTUS Review of Dodd-Frank to Change the Landscape

    On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

    October 02, 2017Matthew B. Schiff and Kathryn C. Nadro
  • The company that licenses the brand for Miami's Ultra Music Festival won a key appellate dispute against the estate of co-founder Alex Omes. Florida's Court of Appeal, Third District, has ruled that Omes' brother, Carlos, will not be appointed president of Ultra Enterprises Inc. and will have to accept the court's valuation of Alex Omes' shares, which was about 2% of what Alex Omes argued it should be.

    October 02, 2017Celia Ampel
  • U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.

    October 02, 2017Susan Perng Pan
  • As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.

    October 02, 2017Julia M. Vander Weele
  • Susan Kohlmann, managing partner of Jenner & Block's New York office, has secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.

    October 02, 2017Ben Hancock
  • Part One of a Two-Part Article

    Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.

    October 02, 2017Michael Ciaramitaro
  • Part One of a Two-Part Article

    Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.

    October 02, 2017Janice G. Inman