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What Remedies Are Available Under ERISA When a Plan Participant Spends the Settlement Proceeds in a Subrogation Case?
February 29, 2016
In January, the United States Supreme Court rendered its decision, in an 8-1 vote, in <I>Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan</I>, an Eleventh Circuit case in which an ERISA health plan sought to recover medical benefits paid to an injured participant after that participant's personal injury settlement funds had already been spent. Here's an analysis of that ruling.
<i>TriVascular, Inc. v. Samuels</i>
February 29, 2016
On Feb. 5, 2016, in <i>TriVascular, Inc. v. Samuels, </i> the United States Court of Appeals for the Federal Circuit affirmed the written decision of the PTABin an <i>Inter Partes</i> Review. In particular, the court affirmed the Board's conclusion that the '575 patent was not invalid as being obvious over the prior art of record despite the Board's initial institution of the IPR based on obviousness grounds.
Fed. Circuit: Consultant's Pre-Agreement Work Falls Outside Assignment Provision
February 29, 2016
On Feb. 5, 2016, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a unanimous decision in <i>TriReme Med., LLC. v. AngioScore, Inc.,</i> holding that AngioScore's consulting agreement had failed to assign inventive contributions made by a consultant before the effective date of the agreement. The decision highlights the need for attentive drafting of agreements with new employees and contractors, especially if they may have engaged in relevant inventive activity before the start of the employment or contractor relationship.
Tech Advances Have Led to More Traces of Deadly Microbes
February 29, 2016
A number of recent discoveries are challenging the idea that infectious diseases are sporadic and relatively rare causes of illness and death, and those discoveries are revolutionizing our understanding of the microbial world around us and presage significant changes in the legal landscape.
Ninth Circuit Finds No Publicity Claim In <i>Hurt Locker</i>
February 29, 2016
The producers of the movie <i>The Hurt Locker</i> had a First Amendment right to fictionalize the experience of a U.S. Army explosives technician in the Iraq war, the U.S. Court of Appeals for the Ninth Circuit ruled.
In the Courts
February 29, 2016
An in-depth look at a recent case involving insider trading.
Mobile Medical Apps and Product Liability
February 29, 2016
This article examines the FDA's current approach to mobile medical applications (MMAs) and explores the potential implications for product liability litigation if they malfunction.
Attracting Top Millennial Talent
February 29, 2016
Millennials' influence on the legal marketplace is rapidly growing. To attract this group's best and brightest, law firms need to understand their mindset and habits.
i.think Therefore i.am? Not Exactly
February 29, 2016
Fame, they say, is fleeting ' but the brands and value they create are not. Little wonder the adopted names of certain stars become not only brands in the popular imagination, but also legally defended rights and trademarks.
Drone Financing Opportunities Emerge As FAA Creates New Drone Regulations
February 29, 2016
Is financing or leasing drones a flight of fancy or a real business opportunity for lenders and lessors? In this article, we show that, properly structured, opportunities for financing and leasing commercial drones exist today, but will grow rapidly in the foreseeable future for lenders and lessors ("financiers") as the drone industry produces ever more sophisticated equipment and services.

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