Anti-Concurrent Causation Clauses
January 31, 2016
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.
Why Should Outside Counsel Care?
January 31, 2016
In a recent survey, 36% of the outside attorneys indicated that they lost clients based on faulty or nonexistent communications on their part ' yes 36%! So why are they not getting the message?
Federal Circuit's Opinion In <i>In re Tam</i>
January 31, 2016
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.
IP News
January 31, 2016
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<br>Federal Circuit: USPTO Decision to Initiate CBM Review Not Reviewable By Federal Circuit, But Decision To Qualify a Patent As a CBM Patent Is
In the Courts
January 31, 2016
In-depth discussion of a Seventh Circuit ruling in which a military government Contractor's FCA summary judgment was upheld for lack of materiality and knowledge.
Drug & Device News
January 31, 2016
Discussion of an approved chemotherapy overdose medication.
Insurance Limited Partnerships As an Alternate Estate Planning Tool
January 31, 2016
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.
