Civil Law

PTAB to Address Reopening Plans Thursday

In-Person Hearing are Back

This Thursday (Noon – 1PM(EST)), the next Patent Trial and Appeal Board (PTAB) Boardside Chat webinar will be conducted to discuss plans to re-establish in-person PTAB hearings and tips from judges for successfully arguing in different environments (connect here)

Topics and speakers for this event include:

  • In-person options for PTAB hearings starting in mid-July – Lead Administrative Patent Judge Christopher Kaiser and PTAB Chief Clerk Erica Swift
  • Tips for successful hearings in remote and in-person environments
… Read the rest
Civil Law

District Court Orders USCIS to Process New I-526 Petitions Throughout Previously Authorized Regional Centers

On March 11, 2022, Congress passed the “EB-5 Reform and Integrity Act” as part of the Omnibus spending bill. See blog post here. On April 11, 2022, USCIS posted an interpretation of the legislation that would nullify all 600-plus designated regional centers and require all entities to be re-designated in order to be authorized to file petitions under the new law pursuant to provisions effective May 14, 2022. This interpretation was challenged in the U.S. District Court for the Northern … Read the rest

Civil Law

Modern slavery reporting series: Part 3 – what can Australian businesses learn?

In Part 2 of our series, we set out our insights on what differentiates the few organisations who are noticeably leading the pack in their disclosure obligations under the Modern Slavery Act 2018 (Cth) (Act) – how they are going above and beyond the minimum requirements of the Act to understand their supply chains and the modern slavery risks within and taking measured steps to identify and mitigate these risks.

Key stakeholders such as investors, employees, customers and suppliers increasingly … Read the rest

Civil Law

Freshpet Pet Food recalled due to Salmonella

Freshpet Inc. is announcing a voluntary recall of a single lot of Freshpet Select Fresh From the Kitchen Home Cooked Chicken Recipe (4.5 lb. bag), with sell by date of 10/29/22, due to potential contamination with Salmonella.

Salmonella can affect animals eating the product and there is risk to humans, notably children, the elderly, and the immunocompromised, when handling contaminated products, especially if they have not thoroughly washed their hands after having contact with the products or surfaces exposed … Read the rest

Civil Law

Third Circuit Affirms Law Student’s Cyberstalking Plea, Holding Federal Criminal Cyberstalking Statute Does Not Violate Constitution

This week the Third Circuit Court of Appeals upheld a federal criminal law passed in 2013 regarding cyberstalking, holding that it passes constitutional muster.  U.S. v. Yung, Case No. 19-1640 (3d Cir.).  The case arose in the context of a criminal matter involving a student who was rejected from Georgetown University Law Center after interviewing with an alumni representative.  The decision issued by a three-judge panel is precedential and will impact other federal cyber litigations.  Read on to learn … Read the rest

Civil Law

Judge Nealon of Lackawanna County Notes That Direct and Vicarious Theories May Be Pursued Against Employer For Negligence by Employee

Judge Nealon of Lackawanna County Notes That Direct and Vicarious Theories May Be Pursued Against Employer For Negligence by Employee

In the motor vehicle accident case of Shaver v. Levelle, No. 21-CV-2465 (C.P. Lacka. Co. May 26, 2022 Nealon, J.), the defendant-motorist’s employer filed preliminary objections seeking to dismiss plaintiff’s claims for negligent entrustment, hiring, and training as legally insufficient since the motorist admitted that he was an employee of the employer at the time of the accident. 

Judge Nealon reviewed the law on this issue in detail and noted that several federal district courts and at least one common
… Read the rest
Civil Law

Dismissal Denied in SPAC-Related Securities Suit Alleging Supply Chain Misrepresentations

As I have noted in recent posts (here, for example), SPAC-related securities suit filings continue to accumulate and represent a significant current securities litigation phenomenon. But while the number of suits continues to mount, relatively few of these cases have yet reached the dismissal stage. In a recent ruling, however, the defendant company’s motion to dismiss in a SPAC-related securities suit was substantially denied as to the company itself and its top executives. In particular, the claims based on allegations … Read the rest