Articles in Litigation

Alan J. Bozer, Joanna J. Chen Co-Author When the Whistle Blows in the White Collar Corner Section of The Daily Record

Posted

White Collar Corner: When the Whistle Blows Imagine the scenario: You are in-house counsel for an organization, and you receive reports that government agents have contacted multiple employees at their personal residences. The U.S. Department of Justice then issues a subpoena to investigate po­tential False Claims Act (FCA) claims. You have good reason to suspect the claims have been brought forward Read More

When can a Telecoms Operator gain compulsory access to your site?

Posted

At the end of 2017, the rules governing telecoms operators changed. Among other things, the new rules set out the conditions on which a telecoms operator can take access to a piece of land even when the occupier of the land does not agree. How the new rules will be enforced in practice is to some extent a matter for Read More

Federal Judge Strikes Down All of the Affordable Care Act

Posted

On Friday, December 14, 2018, just hours before the end of open enrollment on the health care exchanges, U.S. District Judge Reed O’Connor, ruled to strike the entire Affordable Care Act (ACA). The ACA will remain in effect until the case is reviewed on appeal. Employers and individuals should continue to comply with the ACA’s terms in the 2019 plan Read More

New Australian law to provide further protections for copyright owners to block offshore pirate websites

Posted

The Australian Senate’s Environment and Communications Legislation Committee is undertaking an inquiry into the Copyright Amendment (Online Infringement) Bill 2018 and is due to report on 26 November 2018. Given there is bipartisan political support for the Bill, which will expand the rights of copyright holders to obtain Federal Court injunctions to block offshore pirate websites, it is expected the Read More

Scottish Courts take a reasonable approach to implied time limits in commercial contracts

Posted

Lord Clark heard proceedings in the Commercial Court in the Outer House of the Court of Session on an implied term importing a reasonable time restriction for the performance of obligations in a commercial contract. His decision supports the view that the omission of express timescales in connection with the performance of obligations in such contracts will not provide a Read More

WHAT TO DO ABOUT UNION DUES? JANUS, SB 866 AND CHARTER SCHOOLS

Posted

A recent landmark decision by the U.S. Supreme Court, Janus v. AFSCME, struck down California state laws that force public employees to pay even a percentage of union dues on the grounds that this “violates the free speech rights of nonmembers by compelling them to subsidize [the union’s] private speech on matters of substantial public concern.” As a practical matter, the Read More

WHY SOFTWARE OWNERS SHOULD WELCOME A RECENT FEDERAL CIRCUIT DECISION

Posted

We’ve seen many developments in recent years that have weakened patents or made them easier to invalidate, which have led to increasing confusion as to what is actually patentable, and how a claim will be construed once it is challenged. That’s why patent owners—in particular companies patenting software-related innovations—should take solace in a recent Federal Circuit decision that could bring Read More

U.S. SUPREME COURT HOLDS SOME FOREIGN SALES MAY BE INCLUDED IN PATENT INFRINGEMENT DAMAGES

Posted

The U.S. Supreme Court has weighed in on yet another patent law matter that, in contrast to other decisions in recent years, actually favors many U.S. patent owners and technology companies. As companies look to market their products across international borders, they have found it necessary to navigate the maze of national and regional laws regarding the protection of intellectual Read More