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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...

 

HTMLFor Single-Enterprise Immunity, the Bottom Line May Be Having One Bottom Line
Benjamin R. Dryden; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically important in the healthcare industry, because firms that qualify for...

 

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...

 

HTMLRealizing the Potential of Telemedicine in China, Part 2: Data Privacy and Security
Tianran Yan; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
The Chinese market presents a tremendous opportunity for U.S. hospitals and providers, as long as the intricacies of data privacy and security issues are thoroughly understood. This includes Chinese regulations regarding medical records, electronic health record (EHR) storage, and practical...

 

HTMLBut I Didn’t Know You Were Working...
Kevin E. Hyde; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees - who rarely first complain to their employer - allege in the lawsuit they were required to work “off the clock” because the employer only allowed reporting a...

 

HTML31 State Attorneys General Elected to Office
Joseph W. Jacquot; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Of the 50-state Attorneys General (AGs), 43 are elected. In 2014, 31 AGs were on the ballot of which 11 were open seats. Unofficial results are in, so meet the new Attorneys General.

 

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”...

 

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...

 

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...

 


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