Litigation

Despite the popularity of utilizing the cy pres doctrine and its benefits, courts are reviewing class-action settlement agreements that provide for cy pres payments with increased scrutiny.

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.

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.

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.

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.

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.

A look at two interesting cases.

Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. According to the authors, general counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.