Category Archives: General Litigation

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The Difference Between Biosimilar and Generic Drugs: The key is that Biosimilarity does not mean Bioequivalence!

The difference between Biosimilarity and Generic drugs is an important, but easily misunderstood difference. Biosimilar drugs are generally from human or animal microorganisms that are biologics. The Biosimilar drugs or products are not generics of branded or patented drugs. The … Continue reading

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Banks Without a Remedy for Fraudulent Check Cashing Scheme?

In a recent Seventh Circuit Case, the dangers of a bank cashing a fraudulent check based on an electronic image raises important business banking concerns.  In a recent Commercial Banking Law Case, an attorney’s client Fumiko Anderson asked attorney Goodson … Continue reading

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New Overtime Regulations from the US Department of Labor–$47K plus overtime?

A new US Department of Labor (“DOL”) Regulation that is set to go into effect on December 1, 2016 provides for overtime pay to individuals that are earning up to a salary of $47,500.  This means even if, they are … Continue reading

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Gender discrimination in Silicon Valley and the Startup and VC Industry!

Gender discrimination may be more prevalent in Silicon Valley, the Startup and VC culture than most realize.  The reality is that most partners, VCs and Startup CEOs are men.  The Ellen Pao trial has brought these issues to light, but … Continue reading

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The Defend Trade Secrets Act-Ex Parte Seizure Orders, Really?

It still is not clear to me as to whether or not, the Defend Trade Secrets Act is needed in light of the Uniform Trade Secrets Act adopted by most United States.   The expansion of the Economic Espionage Act … Continue reading

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Scandalous and Disparaging or First Amendment Protected Free Speech? To Trademark or Not to Trademark?

There was a new Ruling by the Federal Circuit Court of Appeals that stated that the First Amendment Protects the use of the trademark “Slant” by a music band and it is entitled to register the mark.  This in stark … Continue reading

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New Employment Law Updates to FLSA, ERISA, Retaliatory Discharge and Title VII!

1) Wait time to go through security screenings for workers is not compensable under the FLSA and the Portal to Portal Act, because it is not part of the principal activities the employees were hired to perform. Integrity Staffing Solutions … Continue reading

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Patent Claim Construction still subject to De Novo Review, but occasionally clear error standard may apply to underlying evidentiary findings!

  In Teva Pharmaceuticals v. Sandoz, 135 S.Ct. 831 (2015), the Supreme Court stated that any factual underpinnings that a judge relies upon in interpreting the claims of a patent is subject to a clearly erroneous standard.  Thus, not all aspects of … Continue reading

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