Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.
A plea by Heller Ehrman LLP’s trustee in California’s highest court Wednesday may be the last stand for arguments that dissolved partnerships should be able to keep a stake in work that fleeing lawyers take to competitors, as the bankrupt firm enters the final stage in a long clawback saga.
A New Jersey state judge has ruled that an insurer may exhaust a policy to settle claims against a security company over the fatal shooting of an attorney at a mall, even if that settlement does not end claims against the mall's owners.
The California Supreme Court on Thursday held that employers can be held liable for injuries caused by secondhand asbestos exposure suffered by the household members of employees exposed to the material, ruling employers have a duty to prevent their workers from carrying asbestos home with them.
A California appeals court on Wednesday affirmed the California Public Utilities Commission's approval of a power purchase agreement between San Diego Gas & Electric Co. and Carlsbad Energy Center LLC to build a more than $2 billion power plant, dealing a blow to the environmental groups and community group that opposed it.
The Board of Immigration Appeals incorrectly upheld an immigration judge's inference that killing does not constitute torture, the Ninth Circuit said in a published decision Wednesday, while also ruling that the gang described by the Salvadoran immigrant seeking to stay in the U.S. wasn't a particular enough social group to merit a withdrawal from deportation.
The Patent Trial and Appeal Board improperly relied on hindsight to invalidate the asserted claims of a Polaris patent covering a design for an all-terrain vehicle, as the design was inventive because it packaged known components in an entirely new way, the company told the Federal Circuit on Wednesday.
The University of South Florida asked the Eleventh Circuit Wednesday to revive its breach-of-contact suit against drug company CoMentis Inc. over an unpaid sum the university says it's owed under a settlement ending patent litigation involving Alzheimer's disease research.
The state of Maine urged the First Circuit on Wednesday to cement a lower court's conclusion that the Penobscot Nation's reservation includes the islands but not the waters in a certain part of the Penobscot River, saying the tribe's attempt to expand its reservation's boundaries should be rejected.
The Sierra Club on Wednesday urged the D.C. Circuit to strike down approvals for natural gas export projects in Texas and Louisiana, saying the U.S. Department of Energy should have analyzed the environmental impacts of climate change and new gas production sparked by the projects.
The Connecticut Supreme Court has agreed to directly hear an appeal from the families of victims of the Sandy Hook Elementary School shooting, whose case against Bushmaster AR-15 rifle maker Remington was dismissed by a state court judge in mid-October after a finding of immunity under federal law.
A California appeals court on Wednesday affirmed a lower court ruling that a concrete mixing company did not illegally deprive a class of workers of meal breaks, ruling the workers were free to take time to eat but most chose not to.
IBM Corp., Nintendo, T-Mobile and several other companies have asked the U.S. Supreme Court to hear their challenge to a Michigan appeals court ruling that backed Michigan's decision to retroactively withdraw from a multistate tax agreement, arguing that the state's action was unconstitutional and broke a binding contract.
A team of personal injury lawyers lost a $35,000 contingency fee award in the Seventh Circuit on Thursday when a panel found that a lower court judge didn’t look at the value of their services in granting the award stemming from a settlement over defective hip implants from DePuy Orthopedics.
The Illinois Commerce Commission does not have jurisdiction over rate disputes between nonpublic companies that sell electricity and their customers, the Illinois Supreme Court said Thursday in an opinion issued as part of a Seventh Circuit appeal in a proposed class action over alleged overcharging.
A mother alleging her child's birth defects were caused by Abbott Laboratories Inc.'s anti-seizure drug Depakote pressed the Sixth Circuit for a new trial, saying Thursday the lower court wrongly limited crucial testimony from three doctors who have called the medication's warning labels inadequate.
Outsourcing and consulting firm Kelly Services Inc. urged the Sixth Circuit to rule that it could arbitrate an employee's claims that he wasn't properly paid overtime, saying a lower court incorrectly determined that the right to pursue collective actions under the Fair Labor Standards Act can’t be waived.
A Chinese tire company that appealed an Ohio federal judge’s decision to keep its U.S. partner’s counterclaims alive in a dispute over their scuttled business relationship instead of sending them to arbitration in China had its case rejected by the Sixth Circuit on Thursday.
A Rhode Island business group on Wednesday urged the First Circuit to revive its challenge to the state's approval of Deepwater Wind LLC's Block Island offshore wind farm, saying a lower court wrongly concluded that the group waited too long to file its lawsuit.
A California appeals court on Wednesday tossed former “American Idol” contestant Corey Clark’s suit alleging gossip site Radar Online defamed him in an article about his dismissal from the show, ruling Clark never showed any evidence that he was defamed.
This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.
Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.
The U.S. Supreme Court could soon put its stamp of approval on a Federal Circuit decision that significantly expanded the extraterritorial reach of U.S. patent law. Life Technologies v. Promega — set for oral argument next week — may become a direct threat to U.S. manufacturers and exporters, say Wayne Stacy and Jay Schiller of Baker Botts LLP.
As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.
It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.
In a recent Law360 guest article, counsel for Warren Pumps LLC reduced legally and factually complex anti-assignment and trigger issues to "delay tactics," ignoring the Delaware Supreme Court's rejection of Warren's attempt to obtain defense costs coverage to which it was never entitled, says Laura McKay of Hinkhouse Williams Walsh LLP.
The False Claims Act lets whistleblowers with evidence of fraud against the government bring civil suits and recover damages on the government’s behalf. But what if a government agency denies being defrauded, and declares its willingness to keep paying the allegedly false claims? This question — which may be relevant under the Trump administration — is raised by Harman v. Trinity, now before the Fifth Circuit, says Mark Strauss of ... (continued)
U.S. District Judge Louis Stanton’s BMI decision has shown that the U.S. Department of Justice's consent decree enforcement might be more fragile than we hope, and should the DOJ not prevail on its recently announced appeal to the Second Circuit, we may see further erosion of the DOJ’s tools in enforcing the antitrust laws, says David Balto, a former trial attorney in the DOJ's Antitrust Division.
A case pending before the Federal Circuit — Helsinn v. Teva — could provide much-needed clarity on the on-sale bar’s applicability to secret sales in the post-America Invents Act era, says Alex Chan of Tensegrity Law Group LLP.
Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.