News

The Introduction of New Evidence Is Permitted During IPR Proceedings

By EsqSocial Corporation 16/06/16

On June 14, 2016, the Federal Circuit issued an opinion clarifying that the introduction of new evidence is not only permitted, but “is to be expected,” in inter partes review proceedings. As long as the opposing party is given notice of the...

Smarter, Stronger, Faster: FTC Cracking Down on Deceptive Health-Related Advertising

By EsqSocial Corporation 16/06/16

In recent years, brands have become bolder in their representations to consumers. Our product is the safest. Our product is totally natural. Our product will make you smarter. However, the FTC is cracking down on instances of deceptive advertising,...

Amgen v. Sandoz: Reply Briefs Submitted to Supreme Court

By EsqSocial Corporation 16/06/16

As we previously reported, on February 16, 2016, Sandoz petitioned the United States Supreme Court for a writ of certiorari regarding the Federal Circuit’s interpretation of the BPCIA’s “notice of commercial marketing” provision—subsection...

Treasury Expands Scope of REIT Spin-Off Rules in New Regulations

By EsqSocial Corporation 16/06/16

On June 7, the Treasury Department released temporary regulations (the “Temporary Regulations”) that expand the types of spinoff transactions subject to the rules under Section 337(d)2 requiring gain recognition where either the distributing or...

Fight against corruption in the healthcare sector

By EsqSocial Corporation 16/06/16

On 4 June 2016, new criminal provisions to contain corruption in the health sector have been entered in force. It is recommendable to review forms of cooperation between pharmaceutical companies and medical device manufactures or hospitals with...

FTC Suffers Another Hospital Merger Loss in Advocate-NorthShore

By EsqSocial Corporation 16/06/16

On Tuesday, June 14, 2016, the U.S. District Court for the Northern District of Illinois declined to temporarily block the proposed merger of Advocate Health Care Network and NorthShore University HealthSystem in the Chicago area, handing the FTC its...

How to Infringe a Certification Mark – The Second Circuit Counts the Ways

By EsqSocial Corporation 16/06/16

We blogged last week about a recent decision by the Court of Appeals for the Second Circuit in International Information Systems Security Certification Consortium, Inc. v. Security University, LLC, in which the Court confirmed the legal standard for...

TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map

By EsqSocial Corporation 16/06/16

On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby v. North Carolina Department of Transportation....
By: Ward and Smith, P.A.

Recreational Cannabis — Section 280E and Tax Efficient Structuring

By EsqSocial Corporation 16/06/16

I. The Conflict: The long arm of federal law Recreational cannabis businesses operate in a world of conflicting state and federal laws. Several states have legalized recreational cannabis, yet, under federal law, cannabis remains an illegal...

Wendy’s Data Breach Expands in Scope, Malware Attacks Point-of-Sale System

By EsqSocial Corporation 16/06/16

Fast-food chain, Wendy’s, has disclosed that the number of franchised restaurants hit by a recent cyber-attack was “considerably higher” than the fewer than 300 locations that it had originally suggested were impacted. Wendy’s states that it has...

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