The Legal Intelligencer | Commentary
By Ellen C. Brotman | December 6, 2017
If you are interested in ethics, white-collar crime, and the way they overlap, Christmas has come early this year. Your gift is the array of ethical issues inherent in the latest twist in the investigation into the Trump campaign's connections to Russia's interference with our presidential election; it provides a fascinating hypo for ethics professors.
The Legal Intelligencer | Commentary
By Robert L. Hickok and Gay Parks Rainville | December 5, 2017
On Nov. 6, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued an opinion in Waggoner v. Barclays, No. 16-1912, 2017 U.S. App. LEXIS 22115 (2d Cir. Nov. 6, 2017), that—if allowed to stand—will make it significantly easier for plaintiffs to obtain class certification in actions alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78j(b), and Securities and Exchange Commission Rule 10b-5 (10(b) actions) against large, publicly traded companies.
The Legal Intelligencer | Commentary
By Vasilios J. Kalogredis | December 4, 2017
On May 1, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of Petratos v. Genentech, 855 F.3d 481 (3d Cir. 2017) (Petratos), and joined several other circuits in recognizing the heightened False Claims Act (FCA) materiality standard set forth in last year's landmark Supreme Court case, Universal Health Services v. Escobar, 136 S. Ct. 1989, 195 L. Ed. 2d 348 (2016) (Escobar).
The Legal Intelligencer | Commentary
By Stephen A. Miller and Haryle Kaldis | December 4, 2017
The Supreme Court is currently considering the intersection of two federal statutes governing workplace disputes.
The Legal Intelligencer | Commentary
By Carl W. Hittinger and Tyson Y. Herrold | December 1, 2017
As we discussed in our May 2017 article, the current head of the DOJ's Antitrust Division, Makan Delrahim, brings considerable intellectual property experience to the division. Delrahim started his legal career at the Office of the U.S. Trade Representative as deputy director for intellectual property rights.
The Legal Intelligencer | Commentary
By Lawrence Ashery | December 1, 2017
Restasis is patented, and those patents received significant attention last month when they were sold to a Native American tribe—as a litigation strategy. The sale created a significant backlash both in court and from the U.S. Congress.
The Legal Intelligencer | Commentary
By Joshua Lorenz and Elaina Smiley | November 30, 2017
In April 2016, Gov. Tom Wolf signed Pennsylvania's medical marijuana program into law, adding the commonwealth to a list of 24 U.S. states with similar statutes. Though this program represents a step in the fight for access to more extensive pain management therapies, it also causes confusion among employers that are now required to abide by this new law.
The Legal Intelligencer | Commentary
By Jeffrey Campolongo | November 30, 2017
With the recent spate of sexual harassment and sexual misconduct cases populating the cable news and talk radio airwaves we decided to take a closer look at two recently decided cases.
The Legal Intelligencer | Commentary
By Jennifer Thompson | November 30, 2017
The majority rule in oil and gas producing jurisdictions is the “at-the-well” rule, pursuant to which an oil and gas producer applies the net back method to determine the value of gas at the well for royalty calculation purposes, where the gas is sold downstream of the well.
The Legal Intelligencer | Commentary
By Derek Baker and Patricia Mayer | November 30, 2017
Just in time for the holiday season, the U.S. District Court of the Eastern District of Pennsylvania (at the request of the Board of Bankruptcy Judges) promulgated new Local Bankruptcy Rules which will go into effect Dec. 1.
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