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HTMLMexican Renewables - Set for a Boom; Waiting for Guidance
Jeffery R. Atkin, David C. Markey; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
The sunset date for the 30% ITC is coming into view for developers of U.S. solar projects. The U.S. domestic solar market is also becoming increasingly competitive. The PTC for wind has already expired except for projects unless they managed to meet “commencement of construction”...

 

HTMLIs the Commil Defense Underutilized in Patent Cases?
Justin M. Sobaje; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
It has now been more than a year since the Federal Circuit rendered its decision in the Commil case providing a defense to the intent prong for active inducement of patent claims. At the time of the decision there were a number of articles touting the “new” defense and opining that it...

 

HTMLWhen Is the Presence of Lactobacillus Acidophilus an Occurrence Under a CGL Policy?
Philip C. Babler; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
In Wisconsin Pharmacal Co. v. Nebraska Cultures of California, No. 13AP613 (Wis. Ct. App. Oct. 29, 2014), the Wisconsin Court of Appeals analyzed the circumstances under which a supplier’s negligent provision of an incorrect ingredient to a manufacturer, where the ingredient renders the other...

 

HTMLDirect Benefits Estoppel: 7th Cir. Explains How You Can Be Compelled To Arbitrate Without Agreeing To Do So
Thomas L. Shriner; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Everyone knows that you can’t be compelled to arbitrate a dispute unless you’ve agreed to do so. But what everyone knows is sometimes wrong. There are situations in which a person has to arbitrate even though she didn’t sign an agreement to that effect. Generally, “a...

 

HTMLTransforming the China Automotive Industry - Finding a Path Forward
Mark A. Aiello, Steven H. Hilfinger, Selig D. Sacks; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
The Global Automotive Forum 2014 was held in Wuhan, China October 16-17. This was the fifth annual convening of the event by the China Council for the Promotion of International Trade (CCPIT), the last two of which have been held in Wuhan. The official title of the program was “The Vision for...

 

HTMLSix Tips for Protecting Manufacturers' Most Valuable Assets - Trade Secrets
Nicholas J. Ellis, Nicholas E. Williams; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Long gone are the days when spies needed physical access to information to steal, copy, or photograph it; modern technology now enables instantaneous global access and transmission. Protecting trade secrets ranks high on manufacturers’ priority lists, yet understanding “how” to...

 

HTMLDistrict Court Finds Genetic Technologies Patent Invalid Under 101 on Motion to Dismiss
Courtenay C. Brinckerhoff; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
Judge Stark of the U.S. District Court for the District of Delaware granted defendants’ motion to dismiss Genetic Technologies, Ltd.’s patent infringement suit with regard to claim 1 of U.S. Patent 5,612,179 on the basis that the claimed sequence analysis method is invalid under 35 USC...

 

HTMLSite Selection in a Build-to-Suit Project: Should the Land and Developer Be Selected Separately or Together?
Wesley N. Becker; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Site selection is a critical issue in build-to-suit (BTS) projects. There may be nothing more important to the success of a build-to-suit project than its location. Factors such as the strength of local labor markets, the quality of transportation infrastructure, and the proximity to suppliers,...

 

HTMLCMS Releases the 2015 Medicare Physician Fee Schedule
Elizabeth J. Rosen; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
The Centers for Medicare & Medicaid Services (CMS) issued the 2015 Medicare Physician Fee Schedule (Medicare PFS) on October 31, 2014. The final rule updates payment policies and payment rates for services furnished to Medicare beneficiaries by physicians and other practitioners. The provisions...

 

HTMLIt's November - Do You Know Where Your Plan Document Is?
Casey K. Fleming, Belinda S. Morgan; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
Every year around this time (and hopefully even earlier), many plan sponsors begin the arduous task of preparing determination letter applications for their qualified retirement plans (i.e., their profit-sharing, 401(k), pension, and similar plans). Sponsors often work with their attorneys or other...

 


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