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Show: results per page Sort by:  | PPH Pilot Program Between Canada And China To Begin
September 1, 2013
James Jun Pan; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article June 5, 2013, previously published by IP Update, Smart
& Biggar’s Canadian intellectual property and technology law update On September 1, 2013, the State Intellectual Property Office (SIPO) of the People's Republic of China and the Canadian Intellectual Property Office (CIPO) will commence a Patent Prosecution Highway (PPH) pilot program that will fast-track examination of eligible patent applications between Canada...
| | Costs Awarded on Substantial Indemnity Basis for Summary Judgment Motion
Adrian Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article June 5, 2013, previously published on May 28, 2013 Abbott and Takeda had previously been successful in a motion for partial summary judgment dismissing Apotex’ claims for disgorgment of profits based on allegations of unjust enrichment. The parties were unable to agree on the costs of the motion. This decision considers the circumstance and...
| | Contra Preferentum Requires the Court to Construe Ambiguous Contractual Language Strictly in Favor of the Insured.
Elisabeth R. Connell; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article June 5, 2013, previously published on May 2013 In this recent opinion, authored by Judge Traxler, the United States Court of Appeals for the Fourth Circuit reversed the judgment of the district court, which had affirmed the decision by American United Life Insurance (AUL) to deny Accidental Death and Dismemberment (AD&D) benefits to the widow...
|  | Eagerly Anticipated Proposed Wage Deduction Regulations Announced by New York State DOL
Patterson Belknap Webb Tyler LLP;
Legal Alert/Article June 5, 2013, previously published on May 2013 Last week, the New York Department of Labor (“DOL”) published proposed regulations governing the new categories of permissible wage deductions in Section 193 of the New York Labor Law that took effect in November 2012. The law was amended to allow: (1) new types of deductions made for...
| | Groups Petition WOGCC for Changes to Flaring Rules
Holland Hart LLP;
Legal Alert/Article June 5, 2013, previously published on June 3, 2013 On May 17, the Powder River Basin Resource Council and other conservation organizations petitioned the Wyoming Oil and Gas Conservation Commission to revise WOGCC rules for natural gas flaring at Chapter 3, Section 39, as well as other rules relating to setbacks from homes and businesses and...
| | There Are No Magic Words to Invoke the FMLA
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article June 5, 2013, previously published on May 29, 2013 The Family and Medical Leave Act does not require an employee to use the word “FMLA” to request leave under, and invoke the protections of, the FMLA. Instead, an employee only needs to do the following:
| | A Primer on the New Specially Designed Definition
Larry E. Christensen, David T. Hardin, Barbara D. Linney; Miller & Chevalier Chartered;
Legal Alert/Article June 5, 2013, previously published on May 31, 2013 On April 16, 2013, the U.S. Department of State, Directorate of Defense Trade Controls ("DDTC") and the U.S. Department of Commerce, Bureau of Industry and Security ("BIS") issued long-awaited final rules (the "Final Rules") related to the Administration's effort to...
| | Industry Loss Estimates for Superstorm Sandy Remain at $18.75 Billion
Darlene K. Alt, James T. Killelea, Barry Leigh Weissman; Edwards Wildman Palmer LLP;
Legal Alert/Article June 5, 2013, previously published on May 2013 On May 29, 2013, Property Claims Services ("PCS") released its third re-survey of Superstorm Sandy insurance industry loss estimates based on information gathered from affected insurers. The updated loss estimate was $18.75 billion, which remains unchanged from PCS’s first and...
| | Wholly Past RCRA Violations Are Dismissed
Morris Polich Purdy LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 In the case of Browning v. FlexSteel Industries, Inc. (“Browning”), a federal district court in Indiana recently dismissed a Resource Conservation and Recovery Act (RCRA) section 6972(a)(1)(A) citizen suit claim due to the fact that the environmental contamination alleged was caused by...
| | Medical Provider’s Across-the-Board Surcharge Applied to Workers’ Compensation Patients Held Unnecessary and Unreasonable without Evidence of Additional Expenses
Anna C. Horevay; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article June 5, 2013, previously published on May 2013 In Fredericksburg Orthopaedic Associates v. Fredericksburg Machine & Steel, LLC, et. al., the Court of Appeals of Virginia considered whether a medical provider’s forty-percent (40%) surcharge applied to all workers’ compensation patients’ treatment bills was reasonable and...
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