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|UK Supreme Court Confirms That There Can Be No Liability for Misuse of Trade Secrets Unless and Until Confidential Information Is Acquired|
Ben Hitchens, Akash Sachdeva; Edwards Wildman Palmer LLP;
May 24, 2013, previously published on May 2013The UK Supreme Court has issued its decision in the case of Vestergaard Frandsen A/S v Bestnet Europe Limited  UKSC 31, dismissing Vestergaard’s appeal and holding that there can be no liability for misuse of confidential information unless and until that information has been acquired,...
|Federal Circuit Splinters on the Topic of Patent Eligibility Criteria in CLS Bank Int'l v. Alice Corp.|
John D. Hamann, N. Scott Pierce; Hamilton, Brook, Smith & Reynolds, P.C.;
May 24, 2013, previously published on May 21, 2013On May 10, 2013, the en banc Court of Appeals for the Federal Circuit issued a "per curiam" opinion holding that all of the claims at issue were invalid for being directed to ineligible patent subject matter under Section 101 of the Patent Act, Title 35 of the United States Code. The...
|Minnesota Court Upholds Principle that Married Employees May Lawfully Sleep with the Enemy|
Adam B. Klarfeld; Ford & Harrison LLP;
May 24, 2013, previously published on May 22, 2013Executive Summary: Your friends may refuse to hang out with you because of your spouse, but in Minnesota, your employer generally cannot. On May 20, 2013, the Minnesota Court of Appeals issued the first Minnesota appellate decision addressing marital discrimination under the Minnesota Human...
|The Second Opinion: Can You Get Your Money Back? The B.C. Court of Appeal Addresses The Forfeiture of Deposits (Again)|
Hovsep Afarian; McCarthy Tétrault LLP;
May 24, 2013, previously published on May 22, 2013Can a party who has failed to consummate a transaction get back a “deposit”? The British Columbia Court of Appeal considered this issue once again in the recent case of Amiri v. One West Holdings Ltd., 2013 BCCA 155.
|CLS Bank: Is This the "Death of Hundreds of Thousands of Patents"?|
John V. Biernacki, Gregory A. Castanias, David M. Maiorana, Douglas S. Weinstein; Jones Day;
May 24, 2013, previously published on May 2013Many software and internet companies have secured patents on their technology to protect their investments. For some companies, such as startups, their software or business method patents may be their only valuable assets. However, in recent years, an unexpected thorn in the side of such patents...
|Florida’s Third District Court of Appeal Holds Statute Establishing Standard of Proof in Slip-and-Fall Cases Is Retroactive|
Nicholas D. Freeman, Ronnie Guillen, Rodney Janis, Spensyr Ann Mayfield, Anthony P. Strasius; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 24, 2013, previously published on May 21, 2013In Kenz v. Miami-Dade County and Unicco Service Co., 2013 (Fla. 3d DCA April 24, 2013), Florida’s Third DCA ruled that § 768.0755, Fla. Stat. (2010) must be applied retroactively to incidents that occurred before the statute became effective. The statute requires plaintiffs in...
|What Is The Scope Of Confidentiality Included In The Solicitor-Client Privilege?|
Marc-André Russell; McCarthy Tétrault LLP;
May 24, 2013, previously published on May 23, 2013In Canada (Public Safety and Emergency Preparedness) v. Information Commissioner of Canada, 2013 FCA 104, the Federal Court of Appeal provides a useful reminder of the extent to which the solicitor-client privilege applies to policies agreed upon by several parties.
|Forum-Selection Clauses: Limitations on Enforceability|
Aaron R. Gruber; Jones Day;
May 24, 2013, previously published on May 2013This Commentary discusses the jurisdictional limitations of forum-selection clauses, the inconsistencies with their enforceability, and the potential for the establishment of a standardized procedure to enable companies to evaluate forum-selection clauses with more certainty going forward.
|Connecticut State Court Finds MSA Not Necessary Where Beneficiary Would Incur Future Medical Bills|
Fineman Krekstein Harris P.C.;
May 24, 2013, previously published on May 21, 2013In a recent decision, the Superior Court of Connecticut held that the parties to a liability settlement were not required to set aside any of the settlement proceeds for future medical benefits, despite recognizing the fact that the plaintiff would incur medical bills payable by Medicare in the...
|Not on the Rink in My Backyard|
April D. Grosse, Jeffrey S. Leon, Sheena L. Owens; Bennett Jones LLP;
May 24, 2013, previously published on May 21, 2013It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by Chevron's predecessor, Texaco. The dispute has played out in numerous...