A non-practicing entity or patent assertion entity -- pejoratively referred to as a patent troll -- is an individual or company that brings a patent infringement claim in an effort to collect licensing fees in connection with a product or service not actually...
When it comes to contract negotiations between hospitals and insurers, deadlock is not uncommon. Both sides must account for a multitude of factors in an ever-changing health care industry, and sometimes extended negotiation is necessary to reach an agreement that is...
Protecting intellectual property is crucial to giving businesses the competitive edge they need to thrive. Whether you intend to enforce or defend against a claim of patent or trademark infringement, it is important have on your side a legal team with experience in...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") recently issued the opinion, Sterba v. PNC Bank (In re Sterba), BAP No. NC-13-1590-KuDJu (9th Cir. BAP Aug. 27, 2014), which held that the bankruptcy court improperly relied on California's choice of law rules...
The Ninth Circuit recently issued the opinion, Mastro v. Rigby, No. 13-35209 (9th Cir. Aug. 22, 2014), which held that the bankruptcy court has authority to enter judgment on Stern claims based on the parties' consent. In this case, Linda Mastro ("Ms. Mastro"), the...
In litigation cases, the major thing to keep in mind that as soon as any litigation is commenced, the destruction of any document, including emails, must be immediately stopped.The Chart below discusses retention periods for various categories of documents. *permanent...
In an opinion filed August 28, 2014 by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") in In re Gillespie, BAP No. NC-13-1455-KuDJu, the Court reversed the bankruptcy court because the bankruptcy court misconstrued In re Ybarra, 424 F.3d 1018 (9th Cir. 2005) in...
The health care industry is rapidly changing, and so are doctors' business models. According to a survey by the Physicians Foundation, more than 50 percent of 13,500 doctors surveyed in 2000 had independent practices. In 2013, however, only one-third of the doctors...
The videogame industry is big business, and Amazon recently stepped into this arena in a major way. Market watchers in California likely saw news of Amazon's recent agreement to pay $970 million in cash for Twitch Interactive Inc., the popular Internet gaming channel....
In Mwangi v. Wells Fargo Bank, N.A., Case No. 12-16087, published on August 26, 2014 by the Ninth Circuit Court of Appeals ("Court"), the Court upheld the dismissal of the debtors' adversary proceedings against Wells Fargo Bank ("WFB") for placing a "temporary...