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  • Article

    Colorado Becomes First State To Criminalize Void Non-Compete Agreements

    Denver, Colo. (January 13, 2022) - Colorado recently became the first state to criminalize the use of void non-compete agreements.
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Federal Circuit Warns Patent Holders To Reconsider Cease And Desist Letters

    Sending a cease and desist letter to a patent infringer should never be taken lightly.
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
Article

Supreme Court Upholds AIA Trial Standard For Claim Construction

On Monday, June 20, 2016 the United States Supreme Court upheld the prevailing "broadest reasonable construction" claim construction standard that has been used by the Patent Trial and Appeal Board...
United StatesIntellectual Property
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Court Of International Trade Establishes New Pathway For IEEPA Tariff Refunds For Liquidated Entries

    The U.S. Court of International Trade has established a new procedure for importers to obtain refunds on tariffs that were imposed under the International Emergency Economic Powers Act and later invalidated by the Supreme Court. This development addresses the critical question of how importers with fully liquidated entries can recover duties paid under what the Supreme Court determined were unlawful tariffs.
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    OFAC Warns Financial Institutions About Sanction Evasion Tactics

    On September 4, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued an Alert warning foreign jurisdictions and financial institutions of "Russia's attempts to evade sanctions...
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    U.S. Appeals Court Order On Universal Tariff Refunds; Status Of Liquidated Entries In Question

    The U.S. Court of Appeals for the Federal Circuit faces a critical challenge to universal tariff refunds as CBP appeals a lower court order, arguing it lacks authority to refund fully liquidated duties imposed under invalidated IEEPA authority.
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    U.S. Sanctions On Russia And Post-Closing Obligations In M&A Transactions: "Dust-Off" Your Closing Binder

    While parties may not have violated any sanctions prior to or at closing, things may have changed after the closing – such as the imposition of new sanctions.
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    A Commerce Clause Follow-Up Regarding SCOTUS's Mallory Personal-Jurisdiction Decision

    Following up on our Client Alert from June 28 regarding Mallory, it should also be emphasized that Justice Alito was the fifth and deciding vote on Parts I and III-B of the Court's limited majority...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Attorney Not Entitled To Defense Against Claim For Reimbursement Of Fees

    Attorney Edwards represented his client, a diver formerly in the employ of Cal-Dive, in a personal injury claim alleging a brain injury.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Does A New California Law Threaten Your Business? Has Your License Been Revoked? The Writ Of Mandate Is An Effective Tool To Challenge Government Action

    It is rare to find a business these days that is not subject to government regulation, especially in the State of California.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Litigation Funding In New York: Critical Resource For Defendants Unveiled

    New York, N.Y. (December 23, 2020) - In 2019, the first detailed analysis of the commercial litigation finance industry in the United States was released
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Louisiana Personal Injury Attorney Pleads Guilty In Staged Truck Accident Scheme

    A New Orleans personal injury attorney was indicted by a grand jury in the United States District Court for the Eastern District of Louisiana on November 5, 2020 for wire and mail fraud based on his alleged role.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New York Appellate Court Upholds Only $250K For Cervical Fusion Pain And Suffering Award

    New York, N.Y. (September 13, 2019) - In Chung v. Shaw, 2019 NY Slip Op 06468 (2d Dept. 2019), decided on September 11, 2019
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New York Trial Partner Successfully Defends Damages-Only Trial Involving Cervical Fusion, Limiting Award To Only $148,000

    He also testified that future treatment and surgery would be needed.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Nuclear Verdict In Denver Highlights Increased Risk At Trial For Employers Of Non-CDL Drivers

    The threat of nuclear verdicts in personal injury cases in Colorado became a reality in Denver District Court in May 2024 after a jury verdict of $18,809,431 was awarded to a plaintiff...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Owner Of Drilling Rig Not Liable For Injury Caused By Broken Flip-Flop

    The issue for the trial court was causation, as two different versions of the accident were presented.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Special Room for One: Booking Requirements Under The Americans With Disabilities Act

    The Americans with Disabilities Act (ADA) 42 U.S.C. 12101, et. seq. provides clear requirements regarding how the hospitality industry needs to respond when a disabled person "books" a room.
    United StatesMedia, Telecoms, IT, Entertainment
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    California Temporarily Eases Burden Of CCPA Compliance For Employers

    In October, California Governor Gavin Newsom signed into law Assembly Bill 25 (AB 25), which temporarily eases the burden imposed on employers by the sweeping California Consumer Privacy ...
    United StatesPrivacy
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Canada Introduces Legislation To Revamp Federal Privacy Landscape

    The Canadian House of Commons introduced draft legislation that, if enacted, would align federal Canadian privacy law with the European Union's General Data Protection Regulation (GDPR)...
    United StatesPrivacy
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Illinois Lawmakers Propose Amending State's Biometric Information Privacy Act

    Illinois lawmakers have advanced a bill that would materially amend the state's Biometric Information Privacy Act (BIPA) and provide significant relief to Illinois employers, who have faced a wave...
    United StatesPrivacy
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
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