News

OIG Recommends that CMS Require States to Use Claim Modifier on Medicaid Claims to Identify 340B Drug Claims

By EsqSocial Corporation 16/06/16

On June 8, 2016, OIG issued a report in which it recommended that CMS require states to use a claim-level method to identify 340B claims in order to prevent duplicate discounts for drugs and unclaimed rebates to which states are entitled (the “OIG...

Cloud storage providers to abide by new UK checklist

By EsqSocial Corporation 16/06/16

As cloud storage has widely spread, there have been growing concerns from the UK authorities about whether consumer rights are effectively protected. New guidelines for consumers and a new checklist for industry bring fresh obligations to providers,...

Federal Trade Commission Suffers Setback in Major Hospital Merger Case

By EsqSocial Corporation 16/06/16

On Tuesday, June 14, 2016, U.S. District Judge Jorge Alonso of the Northern District of Illinois declined to grant the Federal Trade Commission (FTC) a preliminary injunction to temporarily stop a merger between Downers Grove, Illinois-based Advocate...

Supreme Court Unanimously Overturns Rigid Seagate Test in Favor of a Discretionary Test for Awarding Enhanced Damages

By EsqSocial Corporation 16/06/16

Section 284 of The Patent Act provides that in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” Under Seagate, to be entitled to enhanced damages under § 284, a patent owner was required to...

Halo’s Aura: How the Supreme Court’s Halo Decision Will Impact Patent Damages and Influence Pre-Litigation Conduct

By EsqSocial Corporation 16/06/16

Patent infringers take note: clever defenses by ingenious litigation counsel may come too late to save you from an award of exemplary damages. On Monday, June 13, in Halo Electronics v. Pulse Electronics and Stryker Corp. v. Zimmer Inc., a unanimous...

Los Angeles Employers Must Pay Higher Minimum Wages And Provide Expanded Paid Sick Leave

By EsqSocial Corporation 16/06/16

Los Angeles Employers Must Pay Higher Minimum Wages And Provide Expanded Paid Sick Leave - On July 1, 2016, employers who have more than 25 employees performing some work in the City of Los Angeles (the "City") will need to provide higher minimum...

Back to Basics: Mediation

By EsqSocial Corporation 16/06/16

- What is mediation? Mediation is essentially negotiation but with the added assistance of a neutral, independent third party mediator appointed jointly by the parties....
By: DLA Piper

Is the Inevitable Disclosure Doctrine Inevitable?

By EsqSocial Corporation 16/06/16

An important feature of the recently enacted Defense of Trade Secrets Act was that it left state trade secret law intact. This meant that states that had adopted the Inevitable Disclosure Doctrine could continue to apply it, and states that had not...

“Off the Rails:” A Plan Administrator’s Burden

By EsqSocial Corporation 16/06/16

When an ERISA plan provides the plan administrator with discretion to interpret the terms of the plan, the administrator’s claims and appeals decisions are generally reviewed by courts under a lenient standard of review such as “abuse of discretion.”...

Federal Circuit Emphasizes Reason In Application Of Broadest Reasonable Interpretation

By EsqSocial Corporation 16/06/16

As we wait for the Supreme Court decision in Cuozzo Speed Technologies, LLC v. Lee, where the Court has been asked to decide whether the USPTO Patent Trial and Appeal Board (PTAB) should apply the “broadest reasonable interpretation” (BRI) of claims...

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