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In a decision concerning the so-called "25 percent rule" and "the entire market value rule," the Federal Circuit in the case of Uniloc USA, Inc. et al. v. Microsoft Corp., Nos. 2010-1035, -1055 (Fed. Cir. Jan. 4, 2011), affirmed the U.S. District Court for the District of Rhode Island’s grant of a new trial on damages on the improper use of the entire market value rule.

Investment advisers operating registered investment companies and private funds that conduct more than a de minimis amount of speculative trading in futures, commodity options, and other commodity interests will no longer be exempt from registering with the CFTC as CPOs.

Traditionally, "for a party to be liable for direct patent infringement . . . that party must commit all the acts necessary to infringe the patent, either personally or vicariously. In the context of a method claim, that means the accused infringer must perform all the steps of the claimed method."

On the final working day of Chairman Wilma Liebman’s term at the National Labor Relations Board (NLRB or the Board), the Board issued three significant decisions that promote union organizing and protect new or established union representations.

Morgan Lewis is pleased to present our second annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws.

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), will have a number of direct and indirect effects on pharmaceutical manufacturers, ranging from the imposition of an annual tax starting in 2011 to potentially affecting research and development through the availability of new grants and tax credits.

In recent years, the frequency of patent infringement claims against some retailers has been steadily rising.

In a recent decision, AstraZeneca LP v. Apotex, Inc., No. 2009-1381 (Fed. Cir. Nov. 1, 2010), the Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of New Jersey’s grant of a preliminary injunction barring defendant Apotex from distributing the generic version of AstraZeneca’s Pulmicort®.

On April 14, the Securities and Exchange Commission (SEC) issued a release (Release) proposing that certain large-volume, high-frequency traders (classified as "large traders") be required to self-identify to the SEC, and that broker-dealers that effect transactions for "large trader" customers maintain and produce records of these customers’ trades to the SEC.

A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil party.

Public companies are encouraged to rigorously analyze SEC guidance prior to disseminating material information via social media.

As the CFPB completes its first year of operation, much can be learned from its investigation and enforcement activity thus far.

U.S.C. § 292) is unconstitutional. In Unique Product Solutions, Ltd. v. Hy-Grade Valve, Inc., No. 5:10- cv-1912 (N.D. Ohio Feb. 23, 2011), Judge Polster of the U.S. District Court for the Northern District of Ohio held that the statute, which allows private citizens to bring false marking claims,

The U.S. financial reform legislation that recently passed in the Senate and House is expected, after reconciliation in joint committee, to bring a new expansion of SEC market oversight, including collateral bars for securities laws violators, new whistleblower incentives and protections, and increased regulation of municipal securities.

The "unemployed" are now a protected class in New York City, with the rights and protections associated with that classification.

On October 14, 2011, the Division of Corporation Finance of the Securities and Exchange Commission issued Staff Legal Bulletin No. 19.

The Federal Trade Commission (FTC) has announced that it is proposing changes to the Hart-Scott-Rodino Act (HSR Act) premerger notification form and rules.

The Internal Revenue Service has recently released Notice 2013-29,1 which provides taxpayers with guidance as to when construction will be deemed to have "started" for certain renewable energy facilities eligible for the production tax credit or investment tax credit.