Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is αποκάλυψη, transliterated to apokálypsi, or “apocalypse.” Nomen est omen. This came to mind while reading the pronouncements Continue Reading
A Quick Look at the New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board ﴾TTAB﴿ will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on, or filed after, January 14, 2017. Among the many Continue Reading
The Leaning Tower of San Francisco
Despite contributing to the recent economic recession that affected major metropolitan cities across America, the high rate of development and construction has rejuvenated the urban core of major cities, providing less dependence on suburban sprawl and establishing an essential infrastructure for Continue Reading
Change Anticipated in Uncertain Requirements for Motions to Amend Claims in Inter Partes Review
In the America Invents Act (AIA), Congress gave the U.S. Patent Office the power to correct patent claims in inter partes review. Congress also require the Patent Office to issue procedural rules setting forth how patent owners could narrow their claims. But the Patent Office elected to Continue Reading
Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export Violations
Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is αποκάλυψη, transliterated to apokálypsi, or “apocalypse.” Nomen est omen. This came to mind while reading the pronouncements Continue Reading
Coal Plant Shutdowns: Taking Steps to Control the Reopener
Operators shutting down coal-fired plants would be wise to plan ahead for potential future remediation obligations – aka the “reopener.” Predicting these obligations may be quite difficult, but operators can implement measures now to fully map site contamination and limit conditions that would Continue Reading
Universities Are Prime Targets for False Claims Act Liability
Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a result, institutions of higher education must be vigilant to ensure that Continue Reading
Avoiding Stale Products Liability Claims: Why New Jersey Should Enact a Statute of Repose
Nothing should last forever, especially lawsuits and stale claims. But a stale claim is exactly what New Jersey permits in products liability litigation. New Jersey law requires all personal injury and products liability actions to be brought within two years of the date of accrual of the cause Continue Reading
Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions
Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for those eyes to study the volumes of acquisition regulations under which the Continue Reading
Using Video Surveillance of Plaintiff’s: Pitfalls and Practice Points
If a picture is worth a thousand words, then a video of a defendant skiing a black diamond mountain with his girlfriend on his shoulders is worth a million. Video surveillance can be the most effective evidence proffered by defense counsel at the time of trial. There are certain critical pitfalls Continue Reading