Publications
An inventor seeking a U.S. patent must file an application in the U.S. Patent and Trademark Office (USPTO), and then typically waits many months for the application to be examined. Depending on the technology involved, an application in the normal examination queue might wait as long as three years for any action by the USPTO. […]
In a bipartisan vote of 95-5, the U.S. Senate voted last month to pass S. 23, the “America Invents Act,” which includes the most significant changes to patent law in more than 50 years. The House of Representatives recently introduced a first version of its own patent law reform act, H.R. 1249. Although the Senate […]
I. INTRODUCTION Franchising is a very popular distribution method used by a wide variety of businesses. According to a major industry study released in 2004 using data from 2001, all together franchised businesses directly employed almost 10 million people in the United States, representing about 7.5% of all private sector jobs, and were responsible for […]
“This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.” I. IntroductionThe exponential growth in electronic discovery in the recent past has resulted in a […]
Philosopher George Santayana’s sage words: “Those who cannot remember the past are condemned to repeat it,” ring as true today as they must have when he wrote them in 1905. The words aptly apply to the ineptly titled “America Invents Act,” S. 23 and H.R. 1249, currently meandering through Congress.Perhaps President Barack Obama is preparing […]
Lawyers seeking guidance on electronic discovery will find a significant current disparity between Connecticut’s state and federal courts. The Federal Rules of Civil Procedure were amended in 2006 specifically to address e-discovery, and the federal reporters are replete with opinions on nearly every facet of the topic. By contrast, the Connecticut Practice Book does not […]
Reproduced with permission from Antitrust & Trade Regulation Report, 101 ATRR 408, 09/30/2011. Copyright _ 2011 by The Bureau of National Affairs, Inc. (800-372-1033) https://www.bna.com. I. IntroductionThe authority of the Federal Trade Commission (‘‘FTC” or ‘‘the Commission”) to prohibit ‘‘unfair or deceptive acts or practices” dates back to the Wheeler-Lea Amendment to the FTC Act […]
Since 1789, federal appellate courts have been statutorily precluded from reviewing certain “matters in abatement.” The current provision, 28 U.S.C. 2105, provides: “There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction.” Few appellate lawyers have heard of […]
The history of the NYIPLA is replete with tongue-twisting acronyms. Back in 1981, the Association’s Bulletin was called the “The New York Patent Law Association Bulletin.” The September 1981 issue was identified as Volume 21, Number 1 – suggesting that the Bulletin of the Association was entering its 21st year of publication then. In 1983, […]
The significant disparity that has existed between Connecticut’s state and federal courts with regard to electronic discovery is about to end. A series of amendments to the Practice Book, and one new section, will become effective Jan. 1, 2012, and mirror in large part the revisions made to the Federal Rules of Civil Procedure in […]
As health care costs continue to rise, and the debate regarding malpractice damages caps and other methods to reduce the cost of medical malpractice insurance continues to rage, attorneys have more incentive than ever to consider alternative ways to reduce litigation costs in complex medical cases. Bifurcation of the liability and damages phases is one […]
We have endeavored to provide periodic updates with regard to disputes involving insurance coverage of BP and others for the Deepwater Horizon Gulf oil spill. In June, we reported that TransOcean’s insurer’s had sued BP challenging BP’s additional insured claims. Insurance Litigation Reporter, Vol. 32, No. 9 (June 18, 2010). In August, we reported that […]
ANTITRUST Toledo Mack Sales & Serv., Inc. v. Mack Trucks, Inc., No. 09-3013, Bus. Franchise Guide (CCH) ¶ 14,412 (3d Cir. July 7, 2010) Distributor Toledo Mack Sales & Service, Inc. (TMSS) appealed a judgment against it after a jury trial with manufacturer Mack Trucks, Inc. (Mack). TMSS had claimed at trial that, among other […]
Large pharmaceutical companies are a favorite target for government enforcement actions, particularly in kickback cases involving alleged inducements to physicians to prescribe certain drugs. The government has made this practice an enforcement priority because it believes that the kickbacks are likely to impair a physician's patient-care decisions and result in artificial inflation of health-care costs. […]
Congress enacted the Judiciary Act of 1789, directing then-President George Washington to appoint in each federal district a”person learned in the law to act as an attorney for the United States.” This person was “to prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States, and all […]
No one appears to disagree that contaminated properties that lie boarded up, idle, or under-utilized burden the state of Connecticut. Further, public resources to clean up these sites are increasingly scarce and, if not cleaned up and redeveloped, these sites threaten public health and the environment. Remediation and redevelopment of these sites would result in […]
On April 7, 2011, the Centers for Medicare and Medicaid Services (CMS) announced that it was processing 60 disclosures pursuant to the Self-Referral Disclosure Protocol (SRDP) introduced last fall. Under the SRDP, providers may voluntarily disclose violations of the Physician Self-Referral Law, more commonly known as Stark. Stark prohibits a physician from making referrals for […]
In 1941, the U.S. Supreme Court first ruled that the U.S. circuit courts of appeals had authority to sit en banc, expressing the hopeful view that en banc hearings would foster “effective judicial administration,” avoid intracircuit conflict and promote finality of decisions. Textile Mills Securities Corp. v. Comm’r of Internal Revenue, 314 U.S. 326, 334-35 […]
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I. IntroductionToo often, when a franchisee defaults on its franchise agreement obligations, the franchisors’ knee-jerk reaction is immediately to begin the termination process. This paper challenges franchisors to take a step back, analyze more fully the pros and cons of a particular termination decision for themselves and for their systems, and consider altneratives that may […]
Under the FLSA, an employee must be compensated for all time he or she is “suffered or permitted to work” on behalf of his or her employer. This seemingly simple concept has spawned a good deal of litigation. Most often, these cases involve claims seeking compensation for unauthorized or unapproved overtime hours. A recent decision […]
This book includes extensively researched case law from August 2009 to August 2010. Compiled into an easy-to-use reference, this book will cut timely research out of your day by putting the latest review and analysis on franchise and distribution law at your fingertips. Edited by Bethany L. Appleby and William K. Whitner. Topics include: Franchise […]
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In September 2000, the Centers for Medicare and Medicaid Services released its National Coverage Decision (“the 2000 NCD”) setting forth the Medicare reimbursement policy for clinical trials, in response to President Clinton’s executive memorandum directing that Medicare pay for routine costs associated with participation in clinical trials. In the last two years, CMS has promulgated […]
The Second Circuit decided many significant cases in 2009. This article focuses only on those cases from, or significantly affecting, the District of Connecticut. Beyond geography, our selection criteria were completely subjective, and the nine cases discussed here (five civil and four criminal) reflect only our opinion of the decisions that might be most interesting […]
I. Introduction1 Much has been written about how to compel or avoid arbitration of franchise disputes and how to enforce or vacate final arbitration awards. Many franchise lawyers (even some seasoned litigators) would be embarrassed to admit, however, that they have little understanding of what actually happens between the bookends of compelling arbitration and enforcing […]