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Commentary

Encouraging pro bono efforts by in-house counsel

In a novel effort to support the provision of pro bono legal services by in-house counsel, the Massachusetts Access to Justice Commission, co-chaired by Justice Ralph D. Gants and David W. Rosenberg, convened the In-House Counsel Pro Bono Forum at ...

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‘Therasense’: raising the bar for inequitable conduct

Addressing the standards necessary to prove inequitable conduct in patent cases, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, recently added new contours to a doctrine that, in its words, “has plagued not only the courts but also the entire patent system.”

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Challenges to the rights of inventors beaten back

The U.S. Supreme Court recently issued three opinions involving intellectual property law. One deals with the extent to which the Bayh-Dole Act controls patent ownership, while the other two address the evidentiary standards needed to prove patent invalidity and inducement ...

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Planning ahead key for both sides of non-competes

Love them or hate them, non-competes are a fact of business in all states but California, Oklahoma and North Dakota. Whether your employee left and you need to enforce a non-compete, or you are hiring an employee subject to a ...

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Be aware of the hidden costs of self-collection

Many in-house counsel and the law firms they engage to represent their companies continue to self-collect electronic data, even though they recognize the legal issues and potential dangers involved.

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The search for truth in the securities marketplace

The U.S. Supreme Court’s recent ruling in Matrixx Initiatives, Inc. v. Siracusano held that a company could be liable for a material misstatement that might have affected the “total mix” of information in the marketplace, even when that misstatement lacked ...

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Expanding mode of operation approach: up next, hospital cafeterias

Hospital risk managers in Massachusetts may be blind-sided by a new wave of tort claims coming their way. The claims are not the malpractice actions that hospitals so often see. They have nothing to do with medical care and don’t arise out of activities in the ER, operating room or radiology lab.

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FYI: wave of whistleblower claims on the way

Publicly traded companies and their subsidiaries and affiliates would be well-advised to start preparing now for the wave of Sarbanes-Oxley whistleblower claims that is currently sweeping the nation.

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