The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more
The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024...more
The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more
On April 14, 2022, in Devaney v. Zucchini Gold, LLC, the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that the federal Fair Labor Standards Act (FLSA) preempts state remedies...more
On January 27, 2022, Supreme Court of the United States Justice Stephen Breyer formally announced his retirement, effective when the Supreme Court breaks for summer recess in June or July later this year—after his successor...more
From the beginning of AIA proceedings, Petitioners that have lost at institution decision phase have tried using Mandamus to circumvent the statutory lack of appeal from institution decisions. Mylan Laboratories Ltd. v....more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
“Service of Suit” limitation period to file is less than a month away - Many insurance policies have various limitation periods and exclusions built into them. One such limitation period is known as a “service of suit”...more
The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with...more
A recent opinion by the United States Bankruptcy Court for the Western District of North Carolina kept alive a bankruptcy trustee’s fraudulent conveyance claims based on, in part, the Internal Revenue Code (“IRC”) 10-year...more
Insurance policies often contain “limitation-of-action” or suit limitation provisions, which contractually reduce the statute of limitations for an insured to assert a claim against an insurer. Depending on the state, such...more
Executive Summary: On June 30, 2020, Florida Governor Ron DeSantis signed into law CS/HB 255 which, among other things, amends the Florida Civil Rights of 1992 (FCRA) to statutorily define the limitations period by which a...more
In response to a lawsuit filed by a number of San Antonio business groups, the San Antonio City Council approved certain revisions to the city’s paid sick leave (PSL) ordinance, including renaming it the Sick and Safe Leave...more
The statute of limitations of Title VII of the Civil Rights Act of 1964 cannot be contractually shortened for litigation, the Sixth Circuit held on September 25, 2019 as a matter of first impression in Logan v. MGM Grand...more
The Kansas Supreme Court recently reversed the Kansas Court of Appeals, and re-instated a three-plus million dollar jury verdict in favor of an injured BNSF Railway worker. It did so after finding that it was for the jury —...more
Commercial Property and Business Interruption insurance policies customarily include suit limitations clauses to protect the insurer against lawsuits. These clauses may be found buried amid general conditions in the property...more
The Supreme Court of the United States issued three decisions this morning: Apple, Inc. v. Pepper, No. 17-204: Apple’s App Store is the only place iPhone users may lawfully buy apps. Although Apple sells the apps...more
On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s decision to dismiss the...more
Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more
On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. In...more
In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more
Our hearts and thoughts go out to all of our employees, clients, and friends affected by Hurricane Harvey and the devastation caused by the storm. Your personal safety, and that of your family and loved ones, is our top...more
If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask...more
OSHA has now officially withdrawn the so called “Volks Rule” that had attempted to set a 5 year limitations period for OSHA Recordkeeping violations....more
Section 13A of the Insurance Act 2015 ("Section 13A") implies a term into insurance policies issued or varied after that date that requires insurers to settle claim sums due within a "reasonable time". This new provision...more