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  • Article

    DOJ's First Criminal Indictment For Wage-Fixing Survives Dismissal Attempt

    The Eastern District of Texas denied Neeraj Jindal's and John Rodgers' motions to dismiss the Department of Justice's ("DOJ") first-ever criminal indictment for wage-fixing.
    United StatesAntitrust/Competition Law
    Winston Taylor
    Winston Taylor
  • Article

    Earnouts: A Mechanism To Solve The Current Valuation Gap

    With the continued gap in expectations on valuation, it is no surprise that earnouts are on the rise.
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    FTC Reaffirms Importance Of Narrowly Tailoring Non-Competes In M&A Transactions

    The FTC has previously stated that simply because a restriction is ancillary to an otherwise legitimate business transaction, such as a merger or joint venture agreement, does not mean it is legal.
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    Interest Rates Increase For SBICs: March 2025 Standard Debenture Pooling

    The March 2025 pooling of Small Business Investment Company (SBIC) standard debentures was priced at 4.963%.
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    Nasdaq Proposes Stricter SPAC Suspension And Delisting Rules

    On July 15, 2024, Nasdaq formally submitted a proposed rule change to the Securities and Exchange Commission...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    U.S. To Transition To T+1 Settlements

    As the U.S. prepares to transition to a T+1 practice for securities settlements on May 28, 2024, Securities and Exchange Commission (SEC) Chair Gary Gensler...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    MaritimeTax Credit Proposal Announced To Incentivize U.S. Construction Of Offshore Wind Vessels

    On July 27 Senator Joe Manchin (D-WV) and Senate Majority Leader Chuck Schumer (D-NY) announced wide-ranging legislation entitled the "Inflation Reduction Act of 2022"...
    United StatesEnergy and Natural Resources
    Winston Taylor
    Winston Taylor
  • Article

    Interest Rates Continue To Rise For SBICs: March 2023 Debenture Pooling

    The March 2023 pooling of Small Business Investment Company (SBIC) debentures was priced at 5.168%. This most recent semiannual pricing of SBIC debentures...
    United StatesFinance and Banking
    Winston Taylor
    Winston Taylor
  • Article

    Hot Topics In Health Care Law 2021

    On December 9, join Partner T. Reed Stephens for a panel titled "Enforcement Trends in Health Care Law – Lessons Learned in 2021" during PLI's Hot Topics in Health Care Law 2021.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Winston Taylor
    Winston Taylor
  • Article

    Expert Must Meet POSITA Standard To Testify On Infringement

    Kyocera Senco Industrial Tools Inc., fka Kyocera Senco Brands Inc. v. ITC / Koki Holdings America Ltd. fka Hitachi Koki U.S.A. Ltd. v. ITC, Nos. 2020-1046, 2020-2050 (Fed. Cir. Jan. 21, 2022).
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Functional Genus Claims Directed To Chimeric Antigen Receptors On T-Cells (CAR-T) Were Invalid For Lack Of Written Description

    After a two-week trial, the jury reached a verdict in favor of the patentee finding the accused infringer failed to prove the patent-at-issue was invalid for lack of written description.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    In A Means-Plus-Function Claim, The Use Of "Circuitry" As A Corresponding Structure Is Sufficient

    The patent at issue on appeal claimed techniques for generating a power tracking supply voltage for a circuit that processes multiple radio frequency signals simultaneously.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Denies Motion To Strike Amended Complaint And Reiterates The Significance Of The Order Governing Proceedings

    Plaintiff PacSec3, LLC (PacSec3) filed a Second Amended Complaint, which defendant BlackBerry Corporation (BlackBerry) moved to strike. BlackBerry alleged this amendment violated Federal Rule...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Dismisses For Improper Venue Based On Declarations Showing Alleged Location In District Was Closed Prior To Suit Being Filed

    Judge Albright adopted a report and recommendation from Magistrate Judge Gilliland to dismiss Fare Technologies, LLC's suit against Uber Technologies, Inc. for improper venue, despite allegations...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Grants Summary Judgment On 101 Grounds And Cancels Trial

    On December 6, 2021, in USC IP Partnerships, LP v. Facebook, Inc., Judge Albright granted Facebook's motion for summary judgment on Section 101 grounds in what appears to be a first for the court.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Invalidates Claims For Indefiniteness

    On May 24, 2022, in U.S. Well Servs., Inc., et al. v. Halliburton Co., et al., Judge Albright granted Defendants' Motion for Partial Summary Judgment of Invalidity for claims that include a term construed as indefinite by the Court.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Reconsiders And Grants Stay For Google LLC

    On March 30, 2022, Judge Albright reconsidered Defendant Google LLC's ("Google") motion to sever and stay in Sonrai Memory Ltd. v. Google LLC.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Timing Is Everything — Intervening Loss In Standing Results In Dismissal Of Appeal

    ModernaTx, Inc. v. Arbutus Biopharma Corporation, No. 2020-1184, 2020-1186 (Fed. Cir. Dec. 1, 2021)...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Denies Motion To Transfer Venue For Failure To Carry Burden On Threshold Issue

    Defendants Kioxia Corporation ("KIC") and Kioxia America ("KAI") (collectively, "Kioxia") filed a motion to transfer venue to the Northern District of California ("NDCA") pursuant to 28 U.S.C. § 1404(a).
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    Deal On Senate Reconciliation Bill Announced, Major Tax Provisions Within

    On July 27, 2022, Senator Joe Manchin (D-WV) and Senate Majority Leader Charles E. Schumer (D-NY) announced a last-minute deal—the Inflation Reduction Act of 2022...
    United StatesTax
    Winston Taylor
    Winston Taylor

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