Fifth Circuit Ruling on Challenged Practices Among Poultry Growers Creates Circuit Split

In a surprising decision, the U.S. Court of Appeals for the Fifth Circuit ruled on July 21 that a grower-plaintiff alleging a violation of the Packers & Stockyards Act of 1921's prohibitions against "unfair, unjustly discriminatory, or deceptive practice[s]" and "undue or unreasonable preferences or advantages" among growers (7 U.S.C. Section 192(a)-(b)) need not show that the challenged practice has any adverse effect on competition. In so holding, the Fifth Circuit acknowledged that it was creating a circuit split with all five of the other circuit courts of appeal which have addressed this issue. (July 2008)

PhRMA Goes Further: New Ethics Code Limits Manufacturer Interactions With Health Care Professionals

PhRMA on July 10 released the updated Code on Interactions with Healthcare Professionals to its pharmaceutical and biotechnology company membership. Provisions of the code are in line with other recent efforts to increase transparency and discourage inducements to health care providers. With state and federal legislative initiatives also calling for enhanced reporting and disclosure measures, drug and device manufacturers should consider reviewing their compliance programs and ensuring they adequately monitor the regulatory landscape. (July 2008)

Supreme Court Provides Further Guidance on Judicial Review of Benefit Claim Denials

In a case closely watched by those who sponsor and administer ERISA plans, the Supreme Court in June provided additional guidance regarding what constitutes a conflict of interest—and how courts should weigh such conflicts. The decision in MetLife potentially affects benefit claims under all types of retirement and welfare plans subject to ERISA. In response, employers that self-fund and self-administer ERISA plans may wish to consider the Supreme Court’s suggestions for reducing potential bias. (July 2008)

Agricultural Commodity Price Increases: Spurring a New Farm Crisis?

The economic factors that contribute to higher commodity prices have been discussed widely in both government and the media. While taking into account that discussion, this paper considers the impact of higher commodity prices on certain segments of the agricultural sector and the legal issues that flow from such market conditions. The impact of current market conditions, and the resulting legal consequences, may mean higher food prices for some time to come. Indeed, the effects may be serious and far-reaching enough to raise the possibility of a new farm crisis. (July 2008)

Patent Reform Would Likely Deter Investor Interest

With sweeping patent reform legislation pending, companies focused on development of new technology have cause for concern. Proposed changes to the Patent Act could affect the value of patent portfolios—along with flow of investment funds to companies that invent. (July 2008)

A New Wrinkle in the Fabric of Claim Construction

In O2 Micro International Ltd. v. Beyond Innovation Technology Co., et al., the Federal Circuit held that when "the parties present a fundamental dispute regarding the scope of a claim term, it is the court's duty to resolve it." This holding raises a host of questions, the answers to which may significantly impact the claim construction process and patent litigation strategy in general. This article explores important questions arising from O2 Micro. (June 2008)

Supreme Court Issues Decision in Exxon Valdez Oil Spill Litigation

The U.S. Supreme Court released its opinion in the Exxon litigation today. The court held that the punitive damages awarded by the jury and subsequently reduced by the Ninth Circuit Court of Appeals are excessive based on maritime common law. In particular, the court held that the punitive damages should be equal to the compensatory damages, which the court recognized is $507.5 million in this case. (June 2008)

Reporting Foreign Accounts May Be Required by June 30

If you own or have signature authority over a foreign account, you may be required to file IRS Form TD F 90-22.1 Report of Foreign Bank and Financial Accounts. The filing deadline is June 30—and extensions are not granted. (June 2008)

Supreme Court Issues Major Patent Decision

In a decision issued June 9, 2008, the U.S. Supreme Court addressed the doctrine of patent exhaustion, which provides that the initial authorized sale of a patented item terminates all subsequent patent rights to that item. (June 2008)

Change in Law Regulating Credit Card Receipts

On June 3, 2008, President Bush signed into law the Credit and Debit Card Receipt Clarification Act of 2007. The Clarification Act provides partial relief from liability to companies who printed expiration dates on customers’ credit and debit card receipts issued between December 4, 2004 and June 3, 2008. (June 2008)

[ 1 ]   2   3   4   5   6   7   8   9   10   11   Next