News

Corporate Maneuvering Leads to Thorny First-to-File Bar Issues

By EsqSocial Corporation 05/11/20

Two partnerships and infighting between relators recently produced a series of difficult questions addressed by the U.S. Court of Appeals for the Third Circuit in In re Plavix Mktg., Sales Practices & Prod. Liab. Litig. (No. II).

Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation

By EsqSocial Corporation 05/11/20

The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere inaction, absent an affirmative act to encourage infringement, cannot be the

California’s Prop 22 Passage Allows Tech-Based Companies to Classify Drivers as Contractors

By EsqSocial Corporation 05/11/20

On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors.

First-to-File Rule Must Be Followed Unless Compelling Circumstances Justify Exception

By EsqSocial Corporation 05/11/20

Vacating and remanding a district court’s decision not to transfer a case, the US Court of Appeals for the Federal Circuit granted a petition for a writ of mandamus because the district court did not consider whether the first-to-file rule favored keeping the case in the second-filed court.

Proskauer Files Amicus Brief on Behalf of 25 Leading Colleges and Universities Challenging New DHS and DOL Interim Final Rules Restricting H-1B and Other Visa Programs

By EsqSocial Corporation 05/11/20

On October 30, 2020, Proskauer filed an amicus brief on behalf of 25 leading colleges and universities in support of a preliminary injunction sought by the U.S. Chamber of Commerce in the Northern District of California against Interim Final Rules issued by the U.S.

LGBT Advocacy Groups File Lawsuit Challenging President Trump’s Executive Order on Diversity Trainings

By EsqSocial Corporation 05/11/20

Quick Hit: On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”).

Foreign direct investment reviews 2020: A global perspective - Finland

By EsqSocial Corporation 05/11/20

Deals are generally not blocked in Finland, and are reviewed mostly when in the defense and dual-use sectors - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization and competitiveness.

Can a Breath Test Diagnose Head and Neck Cancer?

By EsqSocial Corporation 05/11/20

Clinical manifestations of head and neck cancers often occur only after the disease has reached an advanced stage. Development of new technology for earlier diagnosis is of critical importance.

DOL’s New Opinion Letters Examine Rules on Voluntary Training Time, Travel Time

By EsqSocial Corporation 05/11/20

On November 3, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued new opinion letters addressing the compensability of time spent by employees attending voluntary training programs and in work-related travel....

Understanding Who (Might) Have Lost and Won: The 2020 Election Results Directly Impact How We Respond to COVID-19

By EsqSocial Corporation 05/11/20

Our efforts to keep you knowledgeable about legal issues related to the pandemic has become one of our most important services to our clients. COVID-19 challenges all of us. Our businesses, our families, and our personal health are being tested like never before in our lifetimes.

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