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  • The interpretation of ACC clauses by the courts is dependent upon the specific policy wording, the pertinent facts, general principles of contract interpretation, the venue of the lawsuit, and most importantly, the particular state's approach to causation.

    January 31, 2016Benjamin Fleischner, Ann Marie Petrey and Eric Leibowitz
  • Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves.

    January 31, 2016Zachary C. Eyster and Christopher P. Bussert
  • Federal Circuit: Even If Experts on Both Sides Agreed on an Altered Claim Construction During Trial, Relying on That More Detailed Claim Interpretation During JMOL Is an Impermissible Reconstruction
    Federal Circuit: USPTO Decision to Initiate CBM Review Not Reviewable By Federal Circuit, But Decision To Qualify a Patent As a CBM Patent Is

    January 31, 2016Howard J. Shire and Daniel Shea
  • Valuation discounts in estate planning has permitted the transfer of assets from one generation to another in an economically efficient manner. Two of the various discount methods claim lack of control (minority interest discount) and lack of marketability. The IRS has traditionally objected to these approaches in intra-family transfers, while Congress has attempted to legislate away these "loopholes" unsuccessfully and the Treasury Department is contemplating new regulations to accomplish this goal.

    January 31, 2016Lawrence L. Bell
  • In a first-of-its-kind decision, the Eleventh Circuit deferred to the EEO) and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination.

    January 31, 2016Matthew R. Simpson
  • Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.

    January 31, 2016Robert D. Boyd and Brooke M. French
  • Protective Order Modified To Restrict Disclosure of Film Production Company's Operations Within Defendant Investment Firm
    Tax Court Decides Production Set Builder Is Independent Contractor

    January 31, 2016Stan Soocher