Alert
Published 05/12/2022
Services Intellectual Property
The Federal Circuit recently denied a petition for rehearing and a petition for rehearing en banc of a precedential panel decision regarding forum selection clauses. Nippon Shinyaku Co., Ltd. v. Sarepta Therapeutics, Inc.[FK1] , 2021-2369, Order (Fed. Cir. May 3, 2022). The panel decision found that a forum selection clause in a confidentiality agreement could be used to prevent inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). The rehearing denial affirms the panel decision. This affirmation is good news for patent owners who have similar clauses in their...
Article
Published 05/11/2022
Industries Higher Education
Services Labor and Employment
Videos
Published 05/09/2022
Services : Emerging Company and Entrepreneur Services
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #14 and #15: “Terms are spokes on a wheel” and “Start negotiating on page 15, not page 1.”
Alert
Published 05/06/2022
Industries Health Care
On April 28, 2022, the Office of Inspector General (“OIG”) published Advisory Opinion 22-08 in which the OIG declined to impose sanctions against a federally qualified health center (“Requestor”). The Requestor proposed an arrangement to loan smartphones to patients to allow those patients to access telehealth services. The OIG concluded that although the proposed arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) and the beneficiary inducements prohibition under the Civil Monetary Penalties Law (“CMP”), the OIG would not impose sanctions...
Alert
Published 05/06/2022
Industries Insurance
Services Employee Benefits and ERISA Litigation | Litigation
This month’s Friday Five covers cases relating to a claimant’s second chance when a lawyer misses a court deadline, whether certain voluntary benefits fall within a broader ERISA plan, a court deciding that an insurer was “probably not wrong,” judicial reconsideration to mold the time period for benefits awarded, and an insurer’s duty to consider particular hazards of a claimant’s occupation. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team May 6, 2022 | By Amy Kline , Caitlin Strauss and Michael Joyce Claimant Granted Another Chance After Attorney Misses Filing...
Blog Post
Published 05/05/2022
By Ruth A. Rauls, Sondra Saporta
Alert
Published 05/04/2022
By Melissa A. Clarke
Industries Energy | Real Estate
Services Environmental
On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform Construction Code’s Energy Subcode, N.J.A.C. 5:23-3.18. These regulations implement a new law, P.L.2021, c.290, which requires warehouse projects greater than 100,000 square feet to set aside at least 40 percent of roof area for the future installation of a solar photovoltaic or solar thermal system (for more information as to the new law, check out prior alert here ). What...
Article
Published 04/27/2022
Services Bankruptcy and Restructuring | Bankruptcy Litigation
Article
Published 04/27/2022
Services Cybersecurity and Privacy
Article
Published 04/26/2022
Industries Real Estate
Services Real Estate Services
Article
Published 04/26/2022
Services Intellectual Property | Intellectual Property Litigation
Blog Post
Published 04/26/2022
By Jonathan A. Havens, Seth Gitner
Article
Published 04/25/2022
Industries Construction
Article
Published 04/15/2022
Industries Insurance
Services Environmental, Social and Governance (ESG)
Blog Post
Published 04/15/2022
By Adam Fayne, Jonathan A. Havens, Ruth A. Rauls, Matthew J. Smith
Blog Post
Published 04/14/2022
By Jason Tremblay, Ruth A. Rauls, Sondra Saporta