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|I’ve Been Sued for What? — Fiduciary Duty Claims Against Hedge Fund Managers and How to Avoid Them|
Zachary G. Newman, Jonathan M. Proman; Hahn & Hessen LLP;
September 3, 2013, previously published on August 2013Not every investment or transaction performs as planned. Losses and depressed asset values have compelled certain investors to file breach of fiduciary duty claims against hedge, asset, and investment managers in an attempt to recoup losses. This article outlines “fiduciary duty” by...
|Admissibility of Plaintiffs’ Conduct in a Products Liability Case|
Howard I. Miller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 30, 2013, previously published on August 20, 2013It would no doubt be helpful to present a jury with information of how plaintiff was driving too fast in choppy water before being thrown from a boat or how the plaintiff allowed lint to collect in the exhaust duct before a fire in the dryer caused property damage. But, in the product liability...
|The Criminal Court System in Florida|
Dyer Knudsen Law;
August 29, 2013, previously published on Summer 2013A quick rundown of what to expect when you've been arrested in Florida.
|Limitations and Debt Collection|
Madhu Kalra; Kalra Law Firm Professional Corporation;
August 24, 2013There is a statute of limitation on debts collection which must be affirmatively pleaded and proved by debtor in order to avoid collection judgment
|Sixth Circuit Rejects Class Settlement Over Excessive Payments to Class Counsel and Named Plaintiffs|
Archis A. Parasharami; Mayer Brown LLP;
August 16, 2013, previously published on August 14, 2013The federal courts of appeals continue to scrutinize class-action settlements closely when the direct benefits to class members are overshadowed by the attorneys’ fees that flow to plaintiffs’ counsel. The most recent example is Greenberg v. Procter & Gamble Co., No. 11-4156 (6th...
|Minding Your P’s, Q’s and Commas (Maybe)|
Paul E. Rossler; GableGotwals;
August 13, 2013, previously published on August 12, 2013If you’ve ever wondered what the term, “continuous microtextured skin layer over substantially the entire laminate” means, then you’re not alone. The Federal Circuit recently pondered this very thing in deciding a patent infringement case brought by 3M against Tredegar, a...
|ALJ Bullock Grants Motion To Approve Request for International Judicial Assistance in Certain Robotic Toys (337-TA-869)|
Alexander B. Englehart; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 26, 2013, previously published on July 24, 2013On July 19, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 6 (dated April 10, 2013) in Certain Robotic Toys and Components Thereof (Inv. No. 337-TA-869). In the Order, ALJ Bullock granted Complainants Innovation First International, Inc., Innovation First, Inc., and...
|Tern Folding Bikes Under Recall for Fall Dangers|
Shapiro Lewis Appleton Duffan P.C.;
July 23, 2013The U.S. Consumer Product Safety Commission (CPSC) and Stile Products issued a recall at the end of June for Tern folding bicycles because of fall dangers that could lead to serious injuries for consumers.
|Design Patent Case Digest: Hutzler Manufacturing Company, Inc. v. Bradshaw International, Inc.|
David K.S. Cornwell, Tracy-Gene G. Durkin; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
July 2, 2013, previously published on June 28, 2013Plaintiff Hutzler Manufacturing Company, Inc. sued Bradshaw International, Inc. in October 2011 for infringement of U.S. Design Patents D538,114 and D592,463, entitled “Onion Container” and “Garlic Container,” respectively. Hutzler sells the commercial embodiment of these...
|CFSAN Announces Science and Research Strategic Plan: Issues Range from Nanoparticles to Obesity|
Etan J. Yeshua; Hyman, Phelps & McNamara, P.C.;
June 26, 2013, previously published on June 23, 2013FDA has announced several key areas on which it plans to focus its food- and cosmetic-related research and regulatory efforts. The plan specifically names imported foods, nanoparticles in cosmetics, dietary supplement toxicology, and obesity, among others, as specific areas of concern.