Practice Tip: The Rule Against (Liability in) Perpetuity
Given the contrary positions taken by the Fourth, Fifth, and Ninth Circuit Courts of Appeal regarding the interpretation of CERCLA ' 9658, the Supreme Court's grant of certiorari in <I>Waldburger</I> is not only timely, but essential to providing manufacturers protection from stale claims ...
Parallel Criminal Investigations
As we saw last month, companies engaged in civil litigation that are also targets of related criminal investigations may find that confidential materials produced during civil discovery could become subject to subpoena in the criminal matter, even if they would normally have been outside the government's reach. We conclude our discussion herein.
The New Math
The employer mandate under the ACA, which requires large employers to provide health insurance for their full-time employees or pay a penalty, is set to take effect on Jan. 1, 2015. Regulations released by the IRS set forth the final rules that an employer must use to determine whether it is a large employer subject to the mandate. With just over six months to go, the time is ripe for employers to determine whether they will be considered large employers and if so, to determine appropriate next steps.
<i>Gilead Sciences, Inc. v. Natco Pharma Ltd. </i>
Upon issuance, can a later-issued (but earlier-expiring) patent qualify as a double patenting reference against an already issued (but later-expiring) commonly owned patent of the same inventor? In Gilead Sciences, the Federal Circuit held that it could.
Court Watch
Inconsistent Testimony Made Plaintiff Not Typical off Proposed Class <br>Franchisor Sanctioned For Failing to Prepare Its Representative for Corporate Deposition<br>Federal Court Enforces Franchisee Post-Termination Obligations
Intent to Use
Bona fide intent was given new meaning by the TTAB. <i>Lincoln National Corporation v. Anderson,</i> exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void <i>ab initio.</i> This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.
The 'Going and Coming' Rule
Although the "traveling employee" exception to the "going and coming rule" is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule.
