Patent Venue Rule Remains the Same ' For Now
June 01, 2016
Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.
The Famous Dr. DeBakey and His Two Controversial Practices
May 01, 2016
Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.
Trio of Plaintiffs' Verdicts in Risperdal Litigation Present Significant Issues for Johnson & Johnson
May 01, 2016
A series of three verdicts for plaintiffs, the most recent in December 2015, may present significant litigation issues for Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals. The suits were all based upon claims that the manufacturer failed to provide adequate warnings regarding Risperdal gynecomastia ' a condition that involves abnormally enlarged male breast tissue, especially among adolescent boys.
NLRB and the Joint Employer: Is Franchising On the Ropes?
May 01, 2016
Recent NLRB decisions have rewritten the labor law map in a variety of ways, but nowhere more significantly than in the areas of franchising and outsourcing. With the decision in <i>Browning-Ferris</i> and decision by the NLRB's general counsel involving McDonald's, the definition of a "joint employer" has grown exponentially broader.
Law Firms Grapple With Cybersecurity Issues and Regulatory Risks
May 01, 2016
Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
Wearable Fitness Tracking Devices
May 01, 2016
In last month's newsletter, we discussed the boom in the sale and use of the new wearable fitness tracking devices and the fact that litigation over their perceived failings was likely to follow. Now, we turn to a third such lawsuit, this one against Fitbit.
The NLRB and the Joint Employer
May 01, 2016
Recent NLRB decisions have rewritten the labor law map in a variety of ways, but nowhere more significantly than in the areas of franchising and outsourcing. This portends a vast expansion of employer liability on a joint employer theory in almost every area of law imaginable from tort to employment discrimination litigation.