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Learning lessons from lockdowns and equipping new contracts for future lockdowns. Read the full article here.

Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet to address on the question of sufficient notice for claims of indirect infringement and enhanced damages for willful infringement. Read the full article here.

We examine the legal systems of Australia and California, and the impact their different approaches might have on litigation in the future. Read the full article here.

Cyber experts Professor Dan Hyde and Sam Thomas of 2 Bedford Row look to the horizon of tech regulation and the risks and benefits for business. Read the full article here.

As previously reported, on November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) that requires all private employers, with 100 or more employees, to implement a mandatory employee vaccination program, or require unvaccinated employees to receive weekly COVID-19 testing. Read the full article here.

The show’s legacy plot could prompt people to consider who should benefit from the Wills and even lead to more Scots deciding to leave something to charity. Read the full article here.

The Court stayed injunctions issued by two lower courts, finding that the vaccine requirement for healthcare workers was a proper exercise of the Secretary of Health and Human Service’s statutory authority to issue rules that he “finds necessary in the interest of the health and safety of individuals who are furnished services” under 42 U. S. C. §1395x(e)(9). Further, the agency had demonstrated “good cause” for issuing the final interim rule outside the typically required notice-and-comment period due to anticipation of rising COVID-19 infections during the winter season. The Court also found that the vaccine requirement was not arbitrary and capricious, which was the basis for the lower courts’ issuance of injunctions prohibiting enforcement of the rule. Read the full article here.

On December 14, 2021, the highly anticipated judgement in Cineplex v Cineworld, 2021 ONSC 8016 was delivered by Justice Conway1 as it relates to the interpretation of different types of covenants that are commonly found in definitive agreements of M&A transactions. The Court was called on to interpret various provisions of an arrangement agreement between Cineplex and Cineworld (collectively, the “Parties”), with particular regard to the interplay between the wording of a material adverse effect covenant (“MAE”) and various other interim covenants negotiated by the Parties. This decision further develops the law and the legal interpretation surrounding contractual risk allocation mechanisms that are commonly used to alleviate and address deal risks within M&A transactions. Read the full article here.

Back in 1991, Tom Finegan was working for a consulting firm that was doing very well - except he felt like the firm cared more about the bottom line than the success of their clients. So Tom made the scary leap to entrepreneurship, and he now has 30 years of startup and leadership lessons to share. Listen to the full podcast episode here.

New York, N.Y. – Phillips Lytle LLP Partner Anna Mercado Clark, CIPP/E, CIPP/US, CIPM, FIP is spoke on a Cyber and Technology panel at the Institutional Longevity Markets Association (ILMA) Annual Investors Summit on December 7, 2021, in New York City. Read the full article here.

On Friday, December 10, 2021, New York State Governor Kathy Hochul announced that effective Monday, December 13, 2021, all persons over two (2) years of age who are able to medically tolerate a face covering/mask, regardless of vaccination status, must wear a face covering/mask while in any NYS indoor public place, unless such place requires proof of full COVID-19 vaccination from all persons five (5) years of age or older, including staff, patrons, visitors and guests, as a condition of entry. The face covering/mask mandate is in effect until January 15, 2022, at which time the State said it will re-evaluate its next steps. Read the full article here.

As we previously reported, on November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement of the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) which was announced on November 4, 2021. The ETS requires most employers with 100 or more employees to require that their employees be vaccinated against COVID-19 or undergo weekly testing and wear a face covering at work. Read the full article here.