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January 16, 2017 |

Are Advance Waivers Enforceable? Maybe

Increasingly, law firms are seeking waivers of possible future conflicts of interest with their clients when they undertake a representation, i.e., the client agrees to waive conflicts its attorneys may encounter in the future.
20 minute read
October 25, 2016 |

The Effect of 'Trulia' on Takeover Litigation

Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris examine the effect of in 'In re Trulia, Inc. Stockholder Litigation' on "disclosure-only" settlements, in which the parties agreed to a broad release of claims against the companies in exchange for limited additional disclosures regarding the transaction. Shareholders do not receive any direct economic benefit from these types of settlements; the only money that changes hands is a fee paid to the plaintiffs' counsel in exchange for obtaining the supplemental disclosures. The article highlights several of the key decisions criticizing disclosure-only settlements and considers how the corporate bar may react.
19 minute read
June 02, 2016 |

Unpublished Opinions for the Week of June 6

59 minute read
April 25, 2016 |

Breakthrough Technology Is Caught in Epic Patent Battle

A new gene-editing technique called CRISPR has taken biology by storm. But CRISPR is now embroiled in a massive patent fight between the research institutions laying claim to the technology.
14 minute read
April 12, 2016 |

The Am Law 100: Proskauer Rose's World Mostly Flat in 2015

Proskauer Rose stayed in growth mode last year, posting slight gains in gross revenue, profits per partner and revenue per lawyer.
25 minute read
January 21, 2016 |

New Jersey M&A Stays Active in 2015 as Megadeals Abound

After the much-awaited rebound in 2014, the mergers and acquisitions market in New Jersey stayed strong in 2015 with numerous strategic moves by corporations, the Law Journal's annual survey found.
5 minute read
October 30, 2015 |

Unapproved Opinions Week of Oct. 30

62 minute read
October 28, 2015 |

Kyle Bass, the Man Big Pharma Loves to Hate, Wins a Round

Kyle Bass, the hedge fund manager vilified by the pharmaceutical industry and much of the patent bar, just gave his detractors more reason to resent him. The U.S. Patent and Trademark Office has agreed within the last week to institute trials for six of the drug patents Bass has challenged.
4 minute read
October 08, 2015 |

Kyle Bass Wins One as the Patent Trial and Appeal Board Agrees to Review Drug Patent

The hedge fund manager who has challenged more than two dozen pharmaceutical patents at the U.S. Patent and Trademark Office will finally see one of those challenges go to trial.
3 minute read
September 28, 2015 |

Kyle Bass Wins a Procedural Victory in Battle Against Big Pharma

The Patent Trial and Appeal Board ruled Friday that Bass's drug patent challenges, part of a short-selling strategy in which he profits by driving down stock prices, are not an abuse of the inter partes review process because “profit is at the heart of nearly every patent and nearly every inter partes review.”
4 minute read

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