Business and Legal Insights

Companies that do business with health care providers may be subject to the HITECH Act and the potential civil and criminal penalties that may be imposed under the Act. In order to avoid and/or mitigate those penalties, it is imperative that companies understand the requirements of the HITECH Act and tailor their policies and...Read More

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate certain terms, like price, most of the provisions are not negotiable. While the consumer may be stuck...Read More

Yesterday, the Supreme Court heard oral argument in Star Athletica v. Varsity Brands, which turns on whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightableRead More

Marketing to children on the Internet can be fraught with legal peril. That’s what two app developers found out when the Federal Trade Commission (FTC) accused them of allowing third-party advertisers to collect personal information from kids. The enforcement actions against LAI Systems, LLC and Retro Dreamer are the...Read More

Amendments to the Federal Rules of Appellate Procedure will take effect December 1, 2016. Steve Maher discusses the controversial change in reduction of type-volume limitations for appellate briefs.Read More

The Supreme Court will hear oral argument in Star Athletica v. Varsity Brands on October 31 to determine whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightable.Read More

Sometimes unlicensed contracting is as simple as failing to make sure your subcontractors are licensed in their respective trades. Sometimes it's not so obvious. Why does this matter? Because you could be facing an administrative, civil or criminal action.Read More

Can filing a motion for rehearing blow a party’s right to appeal? Yes! Suzanne Labrit outlines three common ‘minefields’ to avoid when considering a motion for rehearing.Read More

Non-attorneys are allowed to practice before the Patent Office. However, because they are not attorneys, there is an open question of whether attorney-client privilege extends to their communications with clients. This question has previously been determined on a case-by-case basis. The USPTO has proposed a new rule that...Read More

When is a motion for rehearing essential? Jake Monk explains when it is critical to move for rehearing in order to preserve an issue for appellate review.Read More