The United States Court of Appeals for the Second Circuit recently issued a significant decision in <I>Meacham v. Knolls Atomic Power Laboratory </I>interpreting the application of the federal Age Discrimination in Employment Act ("ADEA") to employers' downsizing programs. The decision underscores the necessity that employers carefully plan for and implement reduction- in-force programs in order to ensure that they do not have a disparate impact upon older workers.

On June 23, 2004, President Bush signed a bill that substantially modifies individuals' and corporations' potential exposure for antitrust violations - increasing the maximum sanctions in certain circumstances and reducing penalties in others.

Recently, the United States Court of Appeals for the Second Circuit, in Jacques v. DiMarzio, Inc., held that "interacting with others" is a major life activity under the Americans with Disabilities Act (ADA).

The U.S. Supreme Court's unanimous decision in Hikma v. Amarin fundamentally reshapes the legal landscape for generic drug manufacturers using "Skinny Labels" to market products while avoiding patented indications. This landmark ruling clarifies what constitutes active inducement of patent infringement, rejecting the Federal Circuit's "could be read" standard in favor of requiring clear evidence that a manufacturer affirmatively encouraged infringing use. The decision carries profound implications for how p

On June 21, 2004, in <I>Aetna v. Davila</I>, the U.S. Supreme Court unanimously held that ERISA completely preempts state law tort claims against HMOs for injuries allegedly suffered as the result of the HMO's failure to authorize physician-recommended care.

Following appeal arguments concerning an August 2025 ruling from D.C. District Judge Sparkle L. Sooknanan, the FTC has settled litigation with the left-wing watchdog journalism organization...

In September, the Delaware District Court invalidated three patents related to control systems for managing railcars and shipping containers...

The Hatch-Waxman's patent term extension provision, part of the Hatch-Waxman Act's carefully negotiated set of compromises, increased the patent protection available to certain pharmaceutical products. The general legislative goal was to preserve incentives for innovation by restoring a portion of the patent term lost through a lengthy premarket regulatory approval process.

Proposed regulations and a proposed revenue procedure recently issued by the Internal Revenue Service would, if finalized in their current form, apply Internal Revenue Code section 83 to the receipt of a partnership interest as compensation for services rendered to the partnership.

The NCAA's proposed settlement in Brantmeier v. NCAA marks another significant shift in college athletics compensation rules, eliminating restrictions on student-athletes accepting prize money before enrollment.

A Connecticut Supreme Court decision demonstrates how a $13 million estate tax dispute reinforces a critical planning lesson: formal declarations of domicile carry limited weight when contradicted by an individual's actual living patterns. The case examines how spending more time in Connecticut than Florida, despite obtaining a Florida driver's license and voter registration, led to a substantial tax liability.

The Department of Justice's recent settlement with Agri Stats and remarks by Acting Deputy Assistant Attorney General Daniel Glad signal a new era of heightened antitrust scrutiny for companies sharing competitively...

In a recent public talk, Mary Jo White, former U.S. Attorney for the Southern District of New York, lamented that waiver of corporate privilege has become a litmus test for whether a company is cooperating with an investigation.

The U.S. Court of Appeals for the Federal Circuit recently affirmed a Delaware District Court's patent invalidity determination, effectively erasing a $100 million-plus infringement award in a pharmaceutical patent case. This precedential decision provides another significant application of the Supreme Court's enablement framework and serves as an important reminder about the disclosure requirements necessary to practice claimed inventions.

Recent regulatory and statutory changes have clarified the responsibilities of Medicare-participating hospitals in treating individuals with emergency medical conditions. On November 10, 2003, new Emergency Medical Treatment and Labor Act (EMTALA) regulations took effect, easing many prior concerns about EMTALA's reach. In addition, the Medicare Prescription Drug, Improvement and Modernization Act of 2003 ("Medicare Modernization Act") includes a number of changes related to EMTALA.

Patent litigation is an expensive proposition and many patent owners cannot assert their rights against infringers without an investment from a third-party funder.

Fiduciaries administering estates with revocable trusts face critical income tax decisions that can significantly impact asset availability and tax obligations.

This update aims to inform prospective purchasers of properties challenged by real or threatened environmental contamination of new opportunities and obligations with regard to pre-purchase due diligence examination of the subject properties

The 30-day comment period concluded with respect to the notice of proposed rulemaking (NPRM) published in the Federal Register on September 24, 2025 by U.S. Citizenship and Immigration Services...

This update aims to inform prospective purchasers of properties challenged by real or threatened environmental contamination of new opportunities and obligations with regard to pre-purchase due diligence examination of the subject properties.