News

Extrinsic Evidence and the Duty to Defend in Texas: To Be or Not to Be?

By EsqSocial Corporation 18/02/21

In July of 2020, the United States Court of Appeals for the Fifth Circuit revisited and affirmed its prediction that Texas courts will not allow extrinsic evidence to determine an insurer’s duty to defend where such evidence engages the truth or falsity of facts alleged in the pleadings....

30(b)(6) Discovery in the Age of COVID-19

By EsqSocial Corporation 18/02/21

Defending corporate representative depositions in the new reality. If there is one lesson all trial lawyers have learned over the last year, it’s that life and the practice of law must go on, even in the face of upheavals affecting our profession.

Reminder: Certain U.S. Reporting and Compliance Obligations for Investment Advisers and Private Funds - February 2021

By EsqSocial Corporation 18/02/21

The U.S. federal securities laws, the Commodity Exchange Act and regulations thereunder, and certain other applicable federal laws, rules and regulations, as well as rules of U.S.

As some jury trials resume, juror shortages create problems; one court sees a 5% yield on summonses

By EsqSocial Corporation 18/02/21


Federal Circuit Addresses Printed Publications Under 35 U.S.C. § 102 and the APA Notice Requirement in Inter Partes Reviews

By EsqSocial Corporation 18/02/21

In a precedential opinion, M&K Holdings, Inc. v. Samsung Electronics, Inc. (Fed. Cir. Feb. 1, 2021), the Federal Circuit further clarified the scope of prior art printed publications under 35 U.S.C. § 102.

Restaurant Workers Qualify For Vaccines In Some States; May Qualify In Others Soon

By EsqSocial Corporation 18/02/21

COVID-19 vaccinations are front of mind for restaurant employers looking to return to “normal” in what has been a hard year for the industry. The potential for employee vaccination comes with many questions.

Functional Limitations In Biotechnology Risk Invalidity For Lack Of Enablement

By EsqSocial Corporation 18/02/21

On February 11, 2021, the Federal Circuit issued an opinion that suggests that inventions in fields where outcomes are unpredictable, such as biotechnology and chemistry, are more likely to lack enablement if they contain functional limitations. Amgen Inc. v. Sanofi, No. 2020-1074 (Fed. Cir.

Government Purpose Rights in Technical Data and Software Developed with DOD Funding

By EsqSocial Corporation 18/02/21

When you develop technical data or software, in whole or in part, with government funding, it is important to know the scope of data rights that the government will obtain at the outset, both with respect to components that were developed solely at private expense and those that were developed wi

Why Tomorrow Is An Important Day For The California Legislature

By EsqSocial Corporation 18/02/21

Tomorrow is an important day for the California legislature because it is the last for bills to be introduced (Joint Rule 61(a)(1) and Joint Rule 54(a)).  After a bill has been introduced, it may not be heard by any committee or acted upon by either house until 30 calendar days have elapsed follo

Insurance Update- February 2021

By EsqSocial Corporation 18/02/21

Our February insurance update discusses several issues involving first-party and third-party insurance claims. •The Florida Supreme Court answers a certified question about the type of damages available to first-party litigants in breach of insurance contract cases.

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