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HTMLAustralia Upholds Patent Eligibility of Isolated DNA
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an appeal, isolated nucleic acids will remain patentable subject matter, unless...

 

HTMLEl Paso Electric Company Issues 25 MW Solar RFP
Justus J. Britt, William D. DuFour; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 5, 2014
The El Paso Electric Company (EPE) has issued a request for proposals (RFP) seeking turnkey proposals for the engineering, procurement and construction of two (2) utility-scale solar energy generating facilities, with a combined maximum capacity of up to twenty-five (25) megawatts (MW) on an...

 

HTMLNew York’s Plan for a Self-Sustaining Solar Industry
Samuel J. Scroggins; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
Governor Cuomo recently announced that New York’s multiple solar programs are transitioning into the single, statewide NY-Sun Incentive Program. The decision is intended to support the $1 billion NY-Sun initiative and help grow the State’s already vibrant solar market. The intended...

 

HTMLJudge Easterbrook on Appellate Review: There Are No "Writs of Erasure"
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on Septemlber 10, 2014
Judge Easterbrook provided a fundamental and valuable lesson on appellate review during today’s oral argument in O’Keefe v. Chisholm, a series of consolidated appeals that concern the John Doe investigation brought by Milwaukee’s elected (and Democratic) district attorney into the...

 

HTMLToo Late to Compel Arbitration? Think Again!
Yonaton Aronoff; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association provides a helpful guideline for drafting mandatory dispute resolution...

 

HTMLCustomer Collaboration and Predictive Analytics Can Lead to Successful Product Manufacturing
Pavan K. Agarwal, James R. Kalyvas, Andrew E. Rawlins; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
Advanced manufacturing companies increasingly implement “Intellectual Property Plus,” an expanded view of IP assets and risks. Through this lens, companies incorporate customer expectations and preferences in new product development, on the one hand, and navigate the potential...

 

HTMLNHTSA, NLRB, and OSHA Oh My! The Agencies ARE Ganging Up
Dabney D. Ware; Foley & Lardner LLP;
Legal Alert/Article
September 10, 2014, previously published on September 4, 2014
Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government activity, and that twitchy sense of more government scrutiny is actually well...

 

HTMLThe CFPB Alerts Credit Card Issuers That Marketing of Credit Card Promotional APR Offers May Violate Federal Law
Yesenia Garcia Perez; Foley & Lardner LLP;
Legal Alert/Article
September 9, 2014, previously published on September 4, 2014
The Consumer Financial Protection Bureau (“CFPB”) recently issued a bulletin alerting credit card companies that they may be at risk of breaking the law as a result of the way they market promotional rates. Specifically, credit card issuers may be at risk of engaging in deceptive and/or...

 

HTMLIs Your Baby Your Buyer’s Collateral?
Michael J. Mozes; Foley & Lardner LLP;
Legal Alert/Article
September 9, 2014, previously published on September 4, 2014
Even before dealing with the intricacies of nondisclosure agreements, employment offer letters, stock restriction agreements, and incentive plans, it is not unusual for founders to have already dreamt of an IPO or sale event. In fact, it is crucial for founders to consider when and how to make that...

 

HTML7th Circuit Defines "Worthless Services" Under the False Claims Act
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
September 9, 2014, previously published on September 4, 2014
That’s the upshot from U.S. ex rel. Absher v. Momence Meadows Nursing Center, Nos. 13-1886 & 13-1936 (Aug. 20, 2014), a recent decision from the Seventh Circuit (authored by Judge Manion) that addressed the worthless-services theory of liability under the False Claims Act.

 


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