Addressing whether the federal district court had jurisdiction over state legal malpractice claims relating in part to the prosecution of patent applications, the U.S. Court of Appeals for the Federal Circuit held that the district court did not, and remanded the case to state court. NeuroRepair, Inc. v. Nath Law Group, Case No. 13-1073 (Fed. Cir., Jan. 15, 2015) (Wallach, J.).In 2009, NeuroRepair filed its state legal malpractice suit in San Diego Superior Court against its patent law firm and an individual attorney in the firm. According to NeuroRepair, it was harmed by the defendants, including by being hindered in timely obtaining patents of the same scope it would otherwise have obtained.The defendants removed the case to federal district court relying on 28 U.S.C. § 1338(a), which gives federal courts original jurisdiction over “any civil action arising under any Act of Congress relating to patents.” After the district court entered judgment in … [Read more...] about Legal Malpractice Claims Against Prosecuting Attorneys Belong in State Court: NeuroRepair, Inc. v. Nath Law Group
Appeals law group
AFAs: WHAT’S THE BIG DEAL?We all know there are dramatic changes occurring in the legal profession. Some changes are the result of economic pressures; others are urged upon lawyers and law firms by the clients they serve. These days, being a lawyer is less about the practice of law and, out of necessity, more about the business of law.At the heart of these changes is a question plaguing managing partners, practice group chairs, CMOs and marketing staff, and every service provider in the law firm – “How do we define and market our value?”Many believe the answer lies in the philosophy and application of alternative fee arrangements (“AFAs”), a topic of much discussion, criticism, and confusion as more corporate counsel seek to hasten the elimination of the billable hour. A comprehensive overview of the most common AFA models is included in the Appendix.AFAs can be a bitter pill for many firms to swallow. Prospectively, firms will have to alter the ways … [Read more...] about Marketing Law Firm Value: Alternative Fee Arrangements
In a recent decision, the Commercial Court held that a clause requiring the parties to seek to resolve any disputes by engaging in ‘friendly discussions’ before commencing arbitration proceedings was enforceable: it prevented anyone from commencing formal proceedings unless and until they had, in effect, had a sufficiently friendly discussion with the other side. These kinds of provisions, requiring discussions or negotiations or attempts to reach an ‘amicable’ settlement, are sometimes found in tiered dispute resolution clauses as the first step in the contractual mechanism. Until fairly recently, the received wisdom was that English law tended to be against treating such clauses as imposing binding conditions precedent - though, as ever in the law of contract, everything depends on the wording of the clause in question. However, in Emirates Trading Agency Llc v Prime Mineral Exports Private Ltd  EWHC 2104, Teare J upheld such a clause, … [Read more...] about Hugs All Round: Have You Been Sufficiently Friendly to the Other Side in English Law?
EXECUTIVE SUMMARY President Obama’s signature of the Patient Protection and Affordable Care Act on March 23, 2010, together with his expected signature of its companion reconciliation bill approved by Congress yesterday, will effect comprehensive changes to the country’s regulation of health insurance and the delivery of health care generally. The Act is intended, over a multiyear implementation period, to substantially expand the number of Americans having access to health insurance. The Act is financed in part by an increase in the level of federal insurance contribution taxes (known as FICA taxes), an expansion of such taxes to investment income, codification of the economic substance doctrine and other tax increases. Key provisions of the Act:Restrict coverage limitations and require various coverage terms in group health plans and individual policies issued after the enactment date, including through the definition of an“essential health benefits … [Read more...] about President Signs into Law the Patient Protection and Affordable Care Act Effecting Comprehensive Changes to the U.S. Health Care System
United States of America v. NorCal Tea Party Patriots, et al, went before the Sixth Circuit Court of Appeals, who ruled against the government on Tuesday.The court’s decision raked the IRS over the coals for their actions, as well as the Department of Justice for how they’ve represented the IRS. The decision opened with a lengthy description of the actions the IRS took in targeting certain organizations seeking tax exemptions as non-profit organizations. Here are some highlights: 1. The IRS picked out groups by using politically-related search termsThey used search terms to identify applications from groups with the phrase “Tea Party” in their name. They later looked for other words, as well as policy positions such as “government spending,” or criticism on “how the country is being run.” The organizations that popped up from these searches were placed on a “Be On the Lookout” or BOLO list. 2. A special team … [Read more...] about Court Absolutely Rips Apart IRS for Putting Conservative Groups Through Hell