In a decision that is likely to reshape directors and officers (“D&O”) policies across the nation, the Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable under Delaware law. RSUI Indemnity Company v. Murdock, 2021 WL 803867 (Del.
In Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc.,1 the Federal Circuit held that the claim language “the AM and PM unit dose forms further target a mean % time” as indefinite because the phrase was incomprehensible.
In Mintz’s recent article—“Public Benefit Corporations are Going Public,”—we predicted that, as Special Purpose Acquisition Companies (“SPACs”) reemerge as an alternative to initial public offerings (“IPOs”), Public Benefit Corporations (“PBCs”) would start going public through the SPAC process.
The Situation: In March 2020, the Third and Ninth Circuits held, in two cases in which the government had declined to intervene, that a mere difference of medical opinion may be enough to satisfy the falsity element of the False Claims Act ("FCA").
RAYTHEON TECHNOLOGIES V GENERAL ELECTRIC - Before Lourie, Chen, and Hughes. Summary: Unrebutted evidence of non-enablement is sufficient to overcome an invalidity challenge based on a standalone §103 reference....
Almost a year after issuing strict COVID-19 restrictions on businesses, including some tighter industry-specific requirements, Kentucky Governor Andy Beshear just issued new Minimum Requirements for All Entities to ease up on some of the requirements that had been in place.
COVID-19 has illuminated systemic racial and ethnic inequities in our healthcare system and catalyzed an unprecedented call to action to address their root causes.
Corporate Social Responsibility (“CSR”) and Environmental, Social, and Governance (“ESG”) practices have increasingly become priorities for many organizations as they assess their obligations to their employees, customers, and the broader community.
In my last blog post, I examined how the logos of the Top 50 law firms had evolved over the past five years. I found that little had changed. Most of the logos were (still) relatively simple type-treatments that used muted colors and lacked flourish.
