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HTMLPTAB Requires Additional Showing for Cross-Examination If Testimony Was Prepared for Another Proceeding
Matthew A. Ambros; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 16, 2014
A recent order from the Patent Trial and Appeal Board (“Board”) in an inter partes review illustrates how the Board may handle situations where a party seeks to depose a declarant whose testimony was submitted through a declaration from another proceeding ¿ requiring the party to...

 

HTMLSecond Circuit Holds That Dodd-Frank Anti-Retaliation Provisions Do Not Apply Extraterritorially
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 14, 2014, the United States Court of Appeals for the Second Circuit held in Liu v. Siemens AG, No. 13-4385-cv, --F.3d -- (2d Cir. Aug. 14, 2014), that the Dodd-Frank anti-retaliation protection provisions do not apply extraterritorially, but the court did not address whether those...

 

HTMLFinally Facing First Inventor to File Issues
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102. While those changes were a hot topic in March of 2013, it is only over...

 

HTMLSecond Circuit Adopts Broad Pleading Standard for Whistleblower Protection Under Sarbanes-Oxley Act, But Affirms Dismissal of Complaint
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 8, 2014, the United States Court of Appeals for the Second Circuit in Nielsen v. AECOM Technology Corp., No. 13-235-cv, -- F.3d -- (2d Cir. Aug. 8, 2014), joined a growing number of federal appellate courts that have adopted the Department of Labor’s plaintiff-friendly pleading...

 

HTMLSeventh Circuit Warns Intervenors Not to Sleep on Their Rights
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management Services, Nos. 14-1270 & 14-2284 (Sept. 11, 2014). First...

 

HTMLRecent College Coach Lawsuits Emphasize the Importance of Good Contract Language
Daniel W. Werly; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been an increasing number of controversies involving college coaches, which in...

 

HTMLFederal Circuit Jurisdiction Over Patent Contract Disputes
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit...

 

HTMLSeventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable time” under Rule 60(c)(1), but subsection (c)(1)...

 

HTMLAfter the Bank Forecloses, Must It Actually Sell Your House?
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
The Wisconsin Supreme Court will answer this question in Bank of New York v. Carson, No. 2013AP544. It heard argument in this case last Tuesday.

 

HTMLMais Reversed: If You Give Me Your Number, I Can Call It, However I Want
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of...

 


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