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HTML$195 Million Awarded for Failure to Negotiate in Good Faith; PharmAthene, Inc. v. SIGA Technologies, Inc.
David A. Charapp; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 9, 2015
In 2011, I wrote about the PharmAthene, Inc. v. SIGA Technologies, Inc. case, in which the Delaware Chancery Court found that SIGA Technology Inc. failed to negotiate in good faith with PharmAthene, Inc. for the grant of a license to SIGA’s smallpox drug known as ST-246. This case provided an...


HTMLTechnology in the Courtroom - Is it a Recoverable Cost at Trial?
Lindsay A. Goulding, David A. Melton; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
The use of technology is so prevalent today that it is difficult to imagine an event that is “technology-free”—including a trial. Attorneys use technology to showcase timelines, impeaching testimony from depositions, scene photographs, and animations. Technology, however, is not...


HTMLWill Supreme Court End Split Over Whether Generic Drug Companies Can Face "Failure to Timely Update" Claims
Sean T. Stadelman; Goldberg Segalla LLP;
Legal Alert/Article
March 11, 2015, previously published on December 3, 2014
The U.S. Supreme Court (SCOTUS) has (again) been asked to determine the question of whether claims can be made against generic drug manufacturers for failing to timely update and/or disseminate their labels following U.S. Food and Drug Administration (FDA) approvals. Essentially, the issue is...


HTMLCarnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit
Michael T. Renaud, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 10, 2015, previously published on January 13, 2015
Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. (collectively “Marvell”),...


HTMLThe CASL Regime(s)—Anti-Spam and Anti-Malware
Tim (Timothy) M. Banks, Margot E. Patterson; Dentons Canada LLP;
Legal Alert/Article
January 8, 2015, previously published on November 13, 2014
CASL is a new regime, with significant administrative monetary penalties (maximum CA$10 million), and is broader in scope than the anti-spam laws of the US and other countries. If you do business in Canada, you are likely aware that Canada’s Anti-Spam Law (CASL) targets unsolicited commercial...


HTMLE-Discovery Matters: “A Guide to ESI Preservation Responsibilities”
Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on August 15, 2014
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI),...


HTMLOptional Safety Features: Let the Sophisticated Purchaser Decide
Joseph P. Wodarski; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on May 14, 2014
Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which...


HTMLBrown v. Tellermate: Cloud-based Data and E-discovery
Matthew A. Barley; Butler Snow LLP;
Legal Alert/Article
September 24, 2014, previously published on September 5, 2014
According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool in day-to-day business operations. This relatively new...


HTMLAcceptable Use of Technology Policies: How to Manage Employee Privacy Expectations With Respect to Personal Use of School Technology
Kelly J. Morris; Borden Ladner Gervais LLP;
Legal Alert/Article
September 18, 2014, previously published on September 5, 2014
When school employees are permitted to use their work computers for personal purposes, they are entitled to a reasonable expectation of privacy. While the exact scope of that privacy right is not entirely clear, the adoption by schools of an acceptable use of technology policy applicable to staff...


HTMLSJC Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation
Stefanie Giuliano Abhar, Laurence A. Schoen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages relating to “yet-to-be conceived future products.” In...


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