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HTMLAfter the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases
Jean-Paul Ciardullo, Cynthia J. Rigsby; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate actors. Yet, only one week later, the district court in Digital Reg of Tex.,...

 

HTMLDistrict Court Distinguishes Lawson v. FMR LLC and Dismisses Complaint
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
After the United State Supreme Court’s plaintiff-friendly decision in Lawson v. FMR LLC, 134 S.Ct. 1158 (Mar. 4, 2014), we wrote regarding the “limiting principles” that the Supreme Court said might be applied in the future in interpreting Section 806 of the Sarbanes-Oxley Act of...

 

HTMLCFTC Announces First Whistleblower Award
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On May 20, 2014, the Commodity Futures Trading Commission (“CFTC”) announced its first whistleblower award since it implemented its whistleblower program in 2011 after the passage of the Dodd-Frank Act. The whistleblower will receive $240,000. According to Gretchen Lowe, acting director...

 

HTMLFourth Circuit Rules Whistleblower Failed to Show Disclosures Were a Contributing Factor to His Firing
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
In Feldman v. Law Enforcement Associates Corporation, No. 13-1849, 2014 U.S. App. LEXIS 8833 (4th Cir. May 12, 2014), the United States Court of Appeals for the Fourth Circuit concluded that a whistleblower, Paul Feldman, failed to demonstrate that his disclosures of alleged company wrongdoing were...

 

HTMLBut We Cut a Settlement and They Agreed to It!?!
Mark J. Neuberger; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
As we have previously noted, employers are increasingly resorting to arbitration agreements, waivers and releases and other strategies in an attempt to limit liability in employment matters and reduce or eliminate the risk and cost of litigation. With the explosion of litigation being brought under...

 

HTMLPortfolio Manager Sanctioned for Prohibited Act
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
Christopher B. Ruffle, portfolio manager of The China Fund, Inc., a fund registered under the Investment Company Act of 1940 was recently sanctioned by the SEC for orchestrating a securities transaction when he knew that the transaction raised affiliation concerns and was a prohibited joint...

 

HTMLUSPTO Asks for Patent Subject Matter Eligibility Comments by July 31, 2014
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
In a June 30, 2014 Federal Register notice, the USPTO requested public comments by July 31, 2014 on patent subject matter eligibility under the recent Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank International and on the USPTO’s March 4, 2014 “Guidance For...

 

HTMLYou Think You Own Your IP? Think Again!
Edouard C. LeFevre; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
If we asked you whether you own your intellectual property, your answer most likely would be a swift and unqualified “yes.” Not so fast...

 

HTMLOrder Issued for Retaliation Against Dodd-Frank Whistleblower
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
Now that the SEC’s whistleblower program is in full operation, the enforcement action highlighted here may become more of a common occurrence. This enforcement action against Paradigm Capital Management, Inc. (“Paradigm”), an SEC registered investment adviser, and its principal...

 

HTMLInvestment Advisers’ Affiliation Leads to Violation of Investment Adviser Registration Requirements
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
In a recent enforcement action, the SEC found that an investment adviser was in violation of the investment adviser registration requirements under Section 203(a) of the Investment Advisers Act of 1940 (In the Matter of Penn Mezzanine Partners Management, L.P., Release No. IA-3858). The adviser and...

 


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