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Commentary

The implications of ‘Danisco’ for patent owners

Courts have found that a wide variety of actions by a patentee may be sufficient to generate a “case or controversy” establishing jurisdiction for a declaratory judgment action. But what about actions by a patentee prior to the issuance of ...

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New going concern rules: Are your clients ready?

In recent years, the investment community has grown increasingly concerned about perceived inadequacies in going concern disclosures in financial statements and audit opinions. In an attempt to address some of those concerns, in August the accounting standard setters at the ...

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Year ends with usual ambiguities for corporate world

In the midst of an improving economy, a robust IPO market and a selective M&A landscape, the corporate world in 2014 leaves us with the usual variety of year-end ambiguities …   • CEO pay One thing I anticipated addressing ...

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New sick time act may not apply to union employees

The new Earned Sick Time Act, approved by Massachusetts voters on Nov. 4, requires private employers to provide sick leave to their employees. Though labor unions were among the leading backers of the ballot question, there is a good chance ...

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TAR: an antidote for ‘big data’ e-discovery costs

“Big data” is a term that gets tossed around a lot these days, with different meanings in different contexts. But for in-house counsel managing corporate e-discovery, big data’s implications are clear. As litigation-related data volumes soar, so do the time ...

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The Supreme Court intellectual property year in review

A lot has changed in the realm of intellectual property law following the record-breaking 10 IP cases decided by the U.S. Supreme Court in its 2013 term. Highlights of the six unanimously decided patent cases include suits in which the ...

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Startups and lost profits in the wake of ‘LightLab’

The Supreme Judicial Court in Massachusetts recently recognized the difficulty of applying traditional damages analysis, such as lost profits, in theft of trade secrets cases involving start-up businesses. In LightLab Imaging, Inc. v. Axsun Technolo-gies, Inc., et al., the court ...

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Of Greeks, lamb and tragedy: lessons from Market Basket

“Where can I find a good leg of lamb?” Athanasios Demoulas was likely asked. In 1916, Demoulas and his wife, both Greek immigrants, opened a small grocery store in Lowell, Massachusetts, under the name Native Lamb. It is very unlikely ...

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Canadian acquisitions: same as the U.S. — almost

You are a strategic or financial acquiror based in the United States. You are contemplating an acquisition of a Canadian target. What deal points might be different from your United States acquisition experience? This column discusses certain significant deal differences. ...

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State law on interns can be even tougher than federal rules

On July 7, the U.S. secretary of labor filed an amicus brief asking that a federal appeals court defer to the Department of Labor’s test for determining whether a trainee or intern is covered by federal minimum wage guarantees. The ...

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