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“Micro Entity” Status Benefits Are Limited
Hunton Andrews Kurth LLP, December 2012

The America Invents Act of 2011 (AIA) authorizes the U.S. Patent Office to create a new third tier of fees for patent prosecution and maintenance — "Micro Entity Status" — where fees may be reduced by up to 75 percent. Micro entities are eligible to pay fees 50 percent lower than those paid by small entities and 75 percent lower than those paid by large entities...

“No Rehire” Language in Settlement Agreement Found Unlawful Where Not Narrowly Tailored
Hunton Andrews Kurth LLP, October 2018

When negotiating a settlement agreement in an employment dispute, “no rehire” language is often a standard term. This language typically bars the litigating employee from seeking re-employment with the former employer. However, in California, at least one “no rehire” provision was invalidated because it was not narrowly tailored to the employer at issue. In Golden v. California Emergency Physicians Medical Group (“CEP”), CEP terminated Dr...

2013 Patent Damages Year In Review
Hunton Andrews Kurth LLP, May 2014

One of the fastest-changing areas of patent law is the means by which damages are established for patent infringement. Amid calls for patent damages reform to rein in perceived outsized damages awards, courts appear to be tackling the issue head on, demanding increased rigor in the analyses employed by damages experts, and in many cases requiring stringent economic analyses more typically seen only in antitrust cases...

2nd Circ. Favors Appellees Under Equitable Mootness
Hunton Andrews Kurth LLP, October 2012

On Aug. 31, 2012, the United States Court of Appeals for the Second Circuit issued its decision in In re Charter Communications Inc., (2d Cir. Aug. 31, 2012), expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations...

3 Ways To Trim Self-Inflicted Harm in Internal Probes
Hunton Andrews Kurth LLP, August 2015

When not conducted carefully, internal investigations cancause more harm than good. Deciding to investigate a suspected problem is onlythe first of several key determinations. The responsible executive must planand execute the investigation deliberately to avoid self-inflicted harm. Anorganization can protect itself—while still conducting an investigation that isconfidential, full and fair—only by carefully thinking about how best touncover the alleged wrongdoing or compliance issues...

3D Printing and Its Uncertain Products Liability Landscape
Hunton Andrews Kurth LLP, June 2016

There is general consensus that 3D printing has potentially revolutionary implications for industry and, along with it, for the law. In terms of products liability law, its consequences for industry and consumers injured by 3Dprinted products are potentially just as far-reaching.  Consider a fact pattern under which an auto parts manufacturer makes CAD files available to auto parts stores so that they may 3D print replacement auto parts on demand and on-site in response to customer needs...

5 Arbitration Assumptions That Aren't Always True
Hunton Andrews Kurth LLP, August 2013

Arbitration is often thought to be preferable to litigating in court, and in some circumstances, it may be. Deciding to arbitrate, however, should be the result of a careful analysis of arbitration’s benefits and disadvantages. That analysis requires examining some common perceptions about arbitration. Below, we explore five of the most common assumptions about arbitration and suggest some practical considerations...

90-Day Tariff Relief Provides Retailers with Much-Needed Liquidity
Hunton Andrews Kurth LLP, April 2020

Importers that have suffered “significant financial hardship” due to COVID-19 may qualify for a 90-day pay extension for certain tariffs. On April 19, 2020, following calls for trade liberalization to ease economic pressures, the Trump administration issued an executive order, along with a temporary final rule by the US Department of Homeland Security’s Customs and Border Protection (CBP), which postpones the time to deposit certain duties, taxes and fees...

9th Circ.'s Take On A Recent Trend Of Enviro Groups
Hunton Andrews Kurth LLP, December 2012

On Oct. 22, 2012, the U.S. Court of Appeals for the Ninth Circuit ruled that the Bureau of Land Management and the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) by granting a right of way for the Ruby Pipeline project. Center for Biological Diversity v. Bureau of Land Management, No. 10-72356 (9th Cir. Oct. 22, 2012)...

A Florida Appeals Court Reverses a Decision in Favor of Homeowners’ Insurer, Finding Issues of Fact About Whether Earth Movement, an Excluded Peril, Played a Part in a Home’s Damage
Hunton Andrews Kurth LLP, November 2007

In Castillo v. State Farm Florida Insurance Co., No. 3D06-2874 (Fla. Dist. Ct. App. Oct. 17, 2007), the Court of Appeal of Florida, Third District, reversed a decision granting summary judgment in favor of an insurer, finding issues of fact about whether earth movement, an excluded peril under a homeowners’ insurance policy, played a part in a dwelling’s damage from nearby blasting...

A Georgia Appellate Court Holds that General Liability Insurer Owes No Defense Where Underlying Suit Fails to Allege Misappropriation of Advertising Ideas
Hunton Andrews Kurth LLP, December 2007

A Georgia intermediate appellate court has affirmed summary judgment in favor of an insurer, holding that there can be no “advertising injury” coverage under a commercial general liability insurance contract where an underlying lawsuit concerning division of profits from a joint copyright work fails to allege a misappropriation of advertising ideas. James C. Shafe, et al. v. American States Insurance Co., No. A07A0879, 2007 Ga. App. LEXIS 1193 (Ga. App...

A Georgia Appellate Court Holds that General Liability Insurer Owes No Defense Where Underlying Suit Fails to Allege Misappropriation of Advertising Ideas
Hunton Andrews Kurth LLP, December 2007

A Georgia intermediate appellate court has affirmed summary judgment in favor of an insurer, holding that there can be no “advertising injury” coverage under a commercial general liability insurance contract where an underlying lawsuit concerning division of profits from a joint copyright work fails to allege a misappropriation of advertising ideas. James C. Shafe, et al. v. American States Insurance Co., No. A07A0879, 2007 Ga. App. LEXIS 1193 (Ga...

A Long Arm And Short Leash For Coverage Territory Clauses
Hunton Andrews Kurth LLP, May 2015

When purchasing liability insurance coverage, it is naturally important to assess the scope of the coverage offered in the various proposed policy forms. In evaluating the scope of coverage, policyholders and their counsel often focus on the scope of liability policies’ insuring agreements and any potentially applicable exclusions. However, this should not be the end of the analysis...

A New Look At An Old Regulation
Hunton Andrews Kurth LLP, January 2014

Getting ready for your next compliance examination? Well, it may be time to take a fresh look at your institution’s Regulation B compliance. The Equal Credit Opportunity Act ("ECOA"), as implemented by Regulation B, is not a new concept. First adopted in 1974, Regulation B is understood by most institutions to include a focus on what information and what signatures can be obtained with respect to the family member of an applicant...

A Role for PPPs in African Infrastructure
Hunton Andrews Kurth LLP, March 2013

Across Africa, investments in infrastructure have failed to keep pace with growth and demand, creating a tremendous infrastructure deficit. Less than 40 percent of the population across the continent, and only 26 percent of the population of Sub-Saharan Africa, has access to electricity. Approximately 34 percent of the population has access to improved sanitation facilities, and 35 percent lack access to clean drinking water...

A Summary of Title IV Lending Programs
Hunton Andrews Kurth LLP, April 2020

Title IV of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) is aimed at providing financial assistance to industries and businesses that have been impacted by the COVID-19 pandemic...

A Wider View of the Impacts of Critical Habitat Designation
Hunton Andrews Kurth LLP, August 2013

he designation of critical habitat under the Endangered Species Act (ESA) can result in significant and costly consequences for landowners, industry, government, and other entities—often with little if any evidence of a commensurate benefit to the species involved. In Critical Habitat and the Challenge of Regulating Small Harms, Professor Dave Owen provides a valuable contribution to assessing the role of critical habitat during  consultation on federal agency actions under ESA section 7...

A Year After Tiara, How Much Has Changed?
Hunton Andrews Kurth LLP, July 2014

In March 2013, the Florida Supreme Court issued a seminal decision for businesses and commercial litigators, Tiara Condominium Association Inc. v. Marsh & McLennan Companies, 110 So. 3d 399 (Fla. 2013), in which it expressly limited the applicability of the economic loss rule to products liability cases. For decades, Florida courts had applied the economic loss rule to prohibit a party in contractual privity from seeking to recover economic damages arising from the contract...

Advertising Tips for the New Year: A Few Lessons from the FTC’s Recent Enforcement Efforts
Hunton Andrews Kurth LLP, January 2014

Most marketers and retailers know that the consumer protection laws require that their advertising claims be substantiated, truthful and not misleading. But the new year is a good time to take stock of advertising campaigns, practices and procedures to make sure they pass muster under the Federal Trade Commission’s (FTC’s) latest guidance. The FTC’s recent enforcement actions provide a starting point...

After Keystone: A question of Presidential Permits
Hunton Andrews Kurth LLP, April 2013

The Keystone XL Pipeline Project, as proposed, would transport oil from Alberta, Canada, to Nebraska through a pipeline crossing an international border. Various environmental and citizen groups have challenged the project. Whether it will be allowed to proceed now depends on issuance of a “presidential permit.” Before Keystone, presidential permits were virtually unknown to the general public...

All Change For European Data Protection Law
Hunton Andrews Kurth LLP, March 2013

Information is often the most valuable asset that a business has. Businesses that think strategically about how they create and develop their information assets are able to increase their value, frequently by substantial amounts. For example, data analytics can help a business understand its clients, what they are likely to buy - when and how. Cloud computing offers efficiencies and cost savings...

An Allied Front
Hunton Andrews Kurth LLP, July 2013

An expansion strategy doesn’t always need to be M&A driven. Hunton & Williams LLP partners Robert Acosta-Lewis  and Susan Failla make the case for strategic alliances.  When considering expanding into emerging markets, companies often look to traditional M&A opportunities or explore possible distribution or sales representation relationships.  While both of these avenues may offer potential advantages, they also carry risks and limitations...

An Allied Front
Hunton Andrews Kurth LLP, February 2013

An expansion strategy doesn’t always need to be M&A driven. Hunton & Williams LLP partners Robert Acosta-Lewis and Susan Failla make the case for strategic alliances. When considering expanding into emerging markets, companies often look to traditional M&A oppor tunities or explore possible distribution or sales representation relationships. While both of these avenues may offer potential advantages, they also carry risks and limitations...

An American Abroad: The Divergent Worlds Of U.S. And U.K. Insurance Arbitrations, Mealey’s International Arbitration Report
Hunton Andrews Kurth LLP, January 2014

Introduction - Rooted in the common beginnings, the American and United Kingdom legal systems are cousins with may similarities. As with most relatives perched on opposing branches of a family tree, however, there are numerous and significant differences. One example of how the two legal systems diverge exists in the realm of insurance arbitration. This article focuses on some of the procedural and substantive concerns that arise in arbitrating insurance disputes in the U.K...

ANNOUNCED: New Updates to the Cuban Assets Control Regulations Effective Monday September 21, 2015
Hunton Andrews Kurth LLP, September 2015

In a continued effort to implement the policy changesannounced by President Obama on December 17,2014, OFAC and BIS have announced additional amendments tothe CACR and EAR, respectively, which will be published and effective on Monday,September 21, 2015.The regulatory changes discussed below are more in the lineof significant changes made to the regulations since December 17, 2014.Overall, the regulatory changes loosen restrictions on travel to and businessand investment in Cuba...

 

 

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