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?
- April 01, 2016Nathan C. Volpi
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.
April 01, 2016David Tellekson, Phil Decker and Stefan SzpajdaA 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.
April 01, 2016Lawrence Goldhirsch and Michael PedersonOn 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.
April 01, 2016Robert D. Chesler and Anna M. PiazzaLong accepted in Delaware (and in courts throughout the country), "disclosure-only" settlements were common in lawsuits brought by stockholders of a corporation sold in an M&A transaction. These lawsuits alleged that directors of the seller breached their fiduciary duties in connection with the sale price and process, and through allegedly deficient proxy materials provided to stockholders in connection with their vote on the deal. In disclosure-only settlements, the seller would agree to provide additional disclosures in advance of the stockholder vote on the transaction.
April 01, 2016Brian M. Lutz and Vivek GopalanBankruptcy Examiner Issues Report on Interest Conflicts of Caesars' Lawyers
April 01, 2016Julie TriedmanA recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
April 01, 2016Jen CornellAfter a long gestation, the EU trademark package entered force on March 23, 2016. It's intended to streamline the trademark application process and will be the largest reform to EU trademark law in 20 years. Here's a summary of the major revisions the entertainment industry should be aware for dealing with any trademark issues in Europe.
April 01, 2016B'atrice MartinetA recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
April 01, 2016Jen CornellConnecticut attorneys who would like to add guardian ad litem work to their practices need to undergo training first, but the state hasn't offered it in over two years and no new training sessions are scheduled.
April 01, 2016Michelle Tuccitto Sullo

