Articles in Litigation

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

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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

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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

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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

Top 13 Tips in Responding to a Complaint

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As with subpoenas, being served with a summons and complaint can induce panic in many people. Don’t panic, but do call your attorney right away. Your attorney will help you prepare your response to the complaint that protects your rights, puts forward your defenses, and asserts any claims that you might have against the plaintiff. A complaint is the first document Read More

3 PROACTIVE STEPS LENDERS SHOULD TAKE IN LIGHT OF A RECENT APPELLATE PANEL RULING

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Experience teaches that not every loan recipient will repay the lender in a timely fashion. Lenders commonly make use of third-party collection agencies when a loan falls significantly into arrears. In light of a recent decision by the 9th Circuit Bankruptcy Appellate Panel, however, it is more critical than ever for lenders to be cognizant of the letter of the Read More

Government sets a date for new Scottish Lobbying Register

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The Scottish Government has announced the date on which its new public Lobbying Register comes into effect; organisations have until 12 March 2018 to get to grips with the new rules on ‘regulated lobbying’, which were introduced by the Lobbying (Scotland) Act 2016. The aim of the Act is to bring about greater openness and increase public transparency in relation Read More

Board Members and Investors Found Not Personally Liable Under Massachusetts Wage Act

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A unanimous Massachusetts Supreme Judicial Court recently ruled in favor of two former board member-investors of a biotechnology startup, finding the board member-investors not personally liable under the Massachusetts Wage Act for “wages” claimed by the company’s former CEO. At issue in Segal v. Genitrix, LLC, 478 Mass. 551 (2017) was whether the individual defendants, former board members of and investors Read More

Top 11 Tips in Responding to a Subpoena

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Most people react in one of two ways when they receive a subpoena: they either ignore it, or they panic. Of these two responses, panicking is the better one because it at least prompts you to call your attorney. Please do call your attorney, but don’t panic. Your attorney will help you prepare your response to the subpoena in a Read More

TPG Pays $12.8 Million to Settle Allegations that it Misled Investors

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TPG Capital Advisors, LLC (“TPG”) will pay $12.8 million to settle allegations that it misled prospective private equity fund investors, according to a settlement with the Securities and Exchange Commission dated December 21, 2017.1 According to the SEC, TPG misled prospective investors by failing to adequately inform them of TPG’s practice of accelerating monitoring fees payable by portfolio companies. TPG neither Read More

Why executives – and former executives – in the banking, superannuation and financial services sectors should be on standby for scrutiny

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As the business world kicks into action for the new year, there may have been little rest over the holidays for directors and officers in the banking, superannuation and financial services industry. Told just before Christmas that they would be subject to scrutiny as part of the Federal Government’s Royal Commission into misconduct in the Banking, Superannuation and Financial Services Read More