LexisNexis® Legal Newsroom
Duane Morris LLP: FTC Proposes New HSR Rules for Exclusive Patent Licenses in the Pharmaceutical Industry

On August 13, 2012, the U.S. Federal Trade Commission (FTC) announced it is seeking public comment to proposed changes to the premerger notification rules under the Hart Scott Rodino Act (HSR) relating to acquisitions of exclusive patent rights in the pharmaceutical industry. Background HSR requires...

Duane Morris: Key Ruling for Insurance Companies in Equitable Subrogation Action in U.S. District Court in Florida

In QBE Insurance Corporation v. Jorda Enterprises (Free Download), Judge Alan Gold of the U.S. District Court for the Southern District of Florida granted summary judgment to HVAC subcontractor Jorda Enterprises Inc., who was insured by The Hartford Insurance Company, in an equitable subrogation action...

Duane Morris LLP: Key Calif. Supreme Court Decision for Developers in Resolving Construction Defect Disputes

On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable against an owners association. The state Supreme Court's decision settles...

Duane Morris LLP: ITC Administrative Law Judge Dismisses Case for Lack of Standing

In what is likely to be viewed as an unusual ruling, U.S. International Trade Commission (ITC) Administrative Law Judge (ALJ) David P. Shaw dismissed an investigation for lack of standing. 1 The decision to dismiss is noteworthy because a motion for leave to amend to cure standing deficiencies at the...

Duane Morris LLP: Patient Registrations for Medical Marijuana Use Begin in New Jersey

More than two years after the passage of New Jersey's Compassionate Use Medical Marijuana Act ("Act"), patients are now able to register and receive state-issued identification cards to obtain prescriptions for medical marijuana. Formal patient registrations began approximately two weeks...

Duane Morris LLP: Third Circuit Ruling Affords Defendants Protection from Amended Complaints After Statute of Limitations Runs Out

The U.S. Court of Appeals for the Third Circuit limited plaintiffs' ability to add claims to a complaint under the relation back provision of Federal Rule of Civil Procedure 15(c) in Glover v. FDIC , No. 11-3382 (Sept. 5, 2012). The Third Circuit limits plaintiffs' ability to use the relation...

Duane Morris LLP: ITC Continues to Set a High Bar for Licensing-Based Domestic Industries

In a recent case, the U.S. International Trade Commission (ITC) continued the trend of fine-tuning the requirements for establishing a domestic industry based upon licensing activity. 1 The case was brought by Rambus against various semiconductor manufacturers and their customers. There were two families...

Duane Morris LLP: ITC Administrative Law Judge Rules That Ongoing Royalty Precludes Exclusion Order

In a recent decision that continues the U.S. International Trade Commission's (ITC) evolving jurisprudence on licensing, Administrative Law Judge (ALJ) Theodore R. Essex held that a running royalty awarded in a prior district court case foreclosed relief at the ITC. 1 The complainant at the ITC...

Duane Morris LLP: New Jersey Property Owners Who Suffered Significant Damages as a Result of Hurricane Sandy May Be Entitled to Property Tax Relief

Any property owners in New Jersey who have suffered substantial damages to their real property as a result of Hurricane Sandy should be entitled to tax relief pursuant to New Jersey law. Specifically, N.J.S.A. 54:4-35.1 provides that any parcel of real property containing a building or other structure...

Duane Morris LLP: Post-Election 2012 Tax Planning Alert: Practical Tax Planning Tips for You, Your Family and Your Business

This Alert is designed to offer easy to understand and easy to implement year-end tax strategies in times of incredible tax uncertainty. This Alert is also designed to stimulate thought and inspire action during one of the most challenging year-end tax planning environments in recent history. Legislation...

Duane Morris LLP: ACOs and Long-Term Care: Don't Get Left Behind

With the U.S. Supreme Court decision ratifying President Obama's Patient Protection and Affordable Care Act (the "Affordable Care Act"), the implementation and development of accountable care organizations (ACOs) continued in full force this past summer. While most are likely to agree that...

Duane Morris LLP: "Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit

On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. [ enhanced version available to lexis.com subscribers ] upheld an interesting jury verdict, resulting in a $319 million judgment against Disney relating...

Duane Morris LLP: Deadline Looming (March 23, 2013) for Nursing Facilities to Have "In Operation" an "Effective Compliance and Ethics Program"

On March 23, 2013, it will have been three years since President Obama signed the Patient Protection and Affordable Care Act (ACA) into law. This date is a significant one for the nursing home industry, not because it marks the third anniversary of the ACA, but because it marks a key deadline. As the...

Duane Morris LLP: N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action

In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of foreclosure on the subject property, prior to the initiation of an eminent domain...

Duane Morris LLP: FACT Act Promises Transparency In Bankruptcy Trust Claims And Payments For Asbestos Exposure

Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the Furthering Asbestos Claim Transparency (FACT) Act by a 221-199 vote. FACT would amend...

Duane Morris LLP: Compounding Pharmacies Now Subject To Federal Oversight

On November 27, 2013, President Obama signed into law the Drug Quality and Security Act . Title I of this law—entitled the Compounding Quality Act (the "CQA")—allows the federal Food and Drug Administration (FDA) to oversee drug compounding in human health. The CQA does not apply...

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann. §...

Duane Morris LLP: D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This turn of events is likely to cause anyone with, or planning to have, a...

Duane Morris LLP: Congressional Approval of Mexico's Energy Reform Legislation

On August 6, 2014, the Mexican Congress finally approved secondary legislation (the "Legislation") providing for the implementation of the historic constitutional energy reforms in Mexico that were approved on December 20, 2013, and which were described in a prior Duane Morris Alert . The Legislation...

Valentine Brown Named Pro Bono Partner at Duane Morris

Duane Morris LLP named Bender's Immigration Bulletin Editorial Board Member Valentine Brown as Pro Bono Partner : "Duane Morris LLP is pleased to announce new leadership of its firmwide Pro Bono Program . Valentine A. Brown as Pro Bono Partner and Katharyn I. Christian McGee as Associate Pro...

Duane Morris LLP: Electricity Policy Shifts Are Gaining Momentum In New York

In what is likely to be a harbinger of changes to status quo retail electricity markets, services and grid planning, the New York State Public Service Commission (New York PSC) adopted a new policy framework that would significantly influence the development of the electricity industry for years to come...

Duane Morris LLP: U.S. District Court Preliminarily Enjoins EPA and ACOE ‘Waters of the United States’ Final Rule

On August 27, 2015, a federal district judge in North Dakota preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACOE), titled "Clean Water Rule: Definition of Waters of the United States," which was set to take effect on...

Duane Morris LLP: New York Public Service Commission Staff Supports Continuation of Net Metering

By statute, New York state utilities are required to offer net metering of electricity to generators of certain renewable energy resources, depending on the size of the project. Net metering means that, to the extent that there is surplus energy that is not used by the utility customer on behalf of whom...

Duane Morris LLP: FDA Publishes Revised Guidance on Product Tracing Requirements for Dispensers

On November 27, 2013, the Drug Supply Chain Security Act (DSCSA) was enacted “to build an electronic, interoperable system by November 27, 2023, which will identify and trace certain prescription drugs as they are distributed in the United States.” This year, trading partners were required...

Duane Morris LLP: FDA Publishes Draft Guidance Documents on Compounding Using Bulk Drug Substances

On October 27, 2015, the U.S. Food and Drug Administration (FDA) published notice of two draft guidance documents in the Federal Register [1] : “Interim Policy on Compounding Using Bulk Drug Substances Under Section 503A of the Federal Food, Drug, and Cosmetic Act” [2] and “Interim...