When Will the New European Data Laws Come In?
May 02, 2015
One of the most frequent questions that we have at the moment is about the timetable for Europe's changes to data protection laws. Needless to say, there is no definite answer. However, the path forward may recently have become just a little clearer.
Bit Parts
May 02, 2015
Film Production Company Loses Legal Malpractice Suit<br>"Iron Man Theme" Copyright "Owner" Settlement Doesn't Preclude Work-for-Hire Finding<br>No Federal Trademark Registration for "Slants" Band
Violation of the Anti-Kickback Statute (AKS)
May 02, 2015
TheUnited States Court of Appeals for the Seventh Circuit recently held that merely "authorizing" medically necessary services can constitute illegally "referring" patients under the AKS, if improper payments are made to the authorizing doctor.
New Anti-Kickback Law 'Safe Harbors' Proposed
May 02, 2015
Certain types of incentive payments and business arrangements that would improve the quality of care and provide needed assistance to indigent patients could actually run afoul of the federal fraud and abuse laws, including the Anti-Kickback Statute (AKS) (42 U.S.C. ' 1320a-7b(b)), and potentially trigger their drastic penalties.
Med Mal News
May 02, 2015
Discussion of a case in which the Judge cleared up the intersection of MCARE and the Tort Claims Act.
The Airbnb Problem in Residential Housing
May 02, 2015
This article details the City's efforts in one case to enjoin a business that facilitated the creation of illegal hotels, and a landlord's efforts in another case to eject a rent-controlled tenant who was using Airbnb to rent rooms within her four bedroom apartment.
The 'Representations, Warranties and Covenants' Triumverate
May 02, 2015
Many retail leases contain provisions in which a party to the lease "represents, warrants and covenants" to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach. It is quite possible, however, that many attorneys are not sure what bases they actually need to cover, so they throw in all the words just in case.
IP News
May 02, 2015
Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only <br>Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied<br>Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIA
Is Your TIC Client a Candidate for Conversion to DST?
May 02, 2015
Tenancy in Common (TIC) arrangements are reaching maturity. This article explains the reasons converting to a DST may facilitate a refinancing, and discusses factors to keep in mind when considering the conversion of a TIC to a DST, most notably certain leasing limitations.
Development
May 02, 2015
Discussion of a recent case in which it was determined that neighbors may not enforce the zoning code without making a requisite demand to local officials.
