Employers have long relied on restrictive covenants such as noncompete and nonsolicitation agreements to protect their business and market position. Historically, agreements such as noncompete agreements had to be limited in scope – including duration and geographic area – in order to be enforceable. And I previously wrote on this topic back in November 2022. However, a new Minnesota law
Not everyone works under a standard at-will employment status in Texas. While it has traditionally been the most common way people are hired and work for an employer, recent years have spawned significant use of other employment agreements ranging from contractors to temporary workers, to intermittent and seasonal employment, to even partnership ventures. Each one comes with its own terms
The Hatch-Waxman Act, established in 1984, provided a significant reform to the regulatory framework surrounding pharmaceutical patents in the United States. A key element of this reform was the introduction of the ‘safe harbor’ provision, known formally as 35 U.S.C. § 271(e)(1). This provision shields certain activities related to the development and submission of information to the U.S. Food and
On May 18, 2023, the United States Supreme Court decided Amgen Inc et al.. Sanofi et al., a case on patents covering antibodies engineered by scientists that help reduce levels of low-density lipoprotein cholesterol. While the technology at issue was new, the Court relied on its precedent dating back nearly 170 years ago to unanimously hold that the Amgen’s patents
The field of patent law is complex and evolving, constantly addressing the intersection between innovation and intellectual property rights. One critical aspect of patent infringement cases is the availability of defenses to accused infringers. Section 271(e)(1) of the United States Patent Act provides a specific defense for certain activities, but because the Section has been noted by Justice Scalia to
Patent infringement claims are on the rise as more companies invest in research and development to create cutting-edge products and technologies and then vigorously protect their intellectual property. These claims can have significant financial and legal consequences for the parties involved and are litigated in the federal district courts under the Federal Rules of Civil Procedure. Understanding Patent Infringement: Patent
Often, by the time a dispute between shareholders reaches me, there has been a breakdown in the expectations that result in litigation to sever the business marriage. Some of these disputes may be inevitable. But most could have been avoided, or at least tempered, by ensuring that the governing documents define what the shareholders expect from each other. So what
Disputes often happen in business, here in Houston, and everywhere else. If the parties can’t resolve the problems on their own, one party might bring a lawsuit against the other (or others, if there is more than one). If your business is involved in a lawsuit, either as a defendant (the party being sued) or a plaintiff (the party who
Construction defects are a significant concern for homeowners, builders, and contractors. Identifying and resolving construction defects is vital to all parties engaged in the Minnesota build process. The following provides the legal framework surrounding construction defects, steps to identify and establish these defects, and the recourse available to affected parties. Understanding Construction Defects A construction defect is a flaw or
Whether it be a shareholder oppression claim, a majority shareholder asserting a breach of fiduciary duty claim against a minority shareholder, or claims against those in control, derivative litigation is prevalent and provides a check on wrongdoing. And the necessity that each party in litigation has independent counsel advocating for their rights is well-established. Here, we discuss when independent counsel
Employers have long relied on restrictive covenants such as noncompete and nonsolicitation agreements to protect their business and market position. Historically, agreements such as noncompete agreements had to be limited in scope – including duration and geographic area – in order to be enforceable. And I previously wrote on this topic back in November 2022. However, a new Minnesota law
Not everyone works under a standard at-will employment status in Texas. While it has traditionally been the most common way people are hired and work for an employer, recent years have spawned significant use of other employment agreements ranging from contractors to temporary workers, to intermittent and seasonal employment, to even partnership ventures. Each one comes with its own terms
The Hatch-Waxman Act, established in 1984, provided a significant reform to the regulatory framework surrounding pharmaceutical patents in the United States. A key element of this reform was the introduction of the ‘safe harbor’ provision, known formally as 35 U.S.C. § 271(e)(1). This provision shields certain activities related to the development and submission of information to the U.S. Food and
On May 18, 2023, the United States Supreme Court decided Amgen Inc et al.. Sanofi et al., a case on patents covering antibodies engineered by scientists that help reduce levels of low-density lipoprotein cholesterol. While the technology at issue was new, the Court relied on its precedent dating back nearly 170 years ago to unanimously hold that the Amgen’s patents
The field of patent law is complex and evolving, constantly addressing the intersection between innovation and intellectual property rights. One critical aspect of patent infringement cases is the availability of defenses to accused infringers. Section 271(e)(1) of the United States Patent Act provides a specific defense for certain activities, but because the Section has been noted by Justice Scalia to
Patent infringement claims are on the rise as more companies invest in research and development to create cutting-edge products and technologies and then vigorously protect their intellectual property. These claims can have significant financial and legal consequences for the parties involved and are litigated in the federal district courts under the Federal Rules of Civil Procedure. Understanding Patent Infringement: Patent
Often, by the time a dispute between shareholders reaches me, there has been a breakdown in the expectations that result in litigation to sever the business marriage. Some of these disputes may be inevitable. But most could have been avoided, or at least tempered, by ensuring that the governing documents define what the shareholders expect from each other. So what
Disputes often happen in business, here in Houston, and everywhere else. If the parties can’t resolve the problems on their own, one party might bring a lawsuit against the other (or others, if there is more than one). If your business is involved in a lawsuit, either as a defendant (the party being sued) or a plaintiff (the party who
Construction defects are a significant concern for homeowners, builders, and contractors. Identifying and resolving construction defects is vital to all parties engaged in the Minnesota build process. The following provides the legal framework surrounding construction defects, steps to identify and establish these defects, and the recourse available to affected parties. Understanding Construction Defects A construction defect is a flaw or
Whether it be a shareholder oppression claim, a majority shareholder asserting a breach of fiduciary duty claim against a minority shareholder, or claims against those in control, derivative litigation is prevalent and provides a check on wrongdoing. And the necessity that each party in litigation has independent counsel advocating for their rights is well-established. Here, we discuss when independent counsel
