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Intellectual Property | Litigation

Third Circuit Wades Into Intersection of IP and Antitrust: First gloss on FTC v. Actavis focuses on non-monetary branded-generic deals

On June 26, 2015, the Third Circuit became the first circuit court to interpret the United States Supreme Court’s landmark decision, FTC v. Actavis, 133 S. Ct. 2223 (2013), which held that reverse cash or “pay for delay” payments from a patent holder to a generic manufacturer are...

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Healthcare

In Re Bayou Shores SNF, LLC: Another Limitation on the Limited Jurisdiction of the Bankruptcy Courts?

Medicare and Medicaid reimbursement payments are the principal source of revenue for many hospitals and nursing facilities. These sources of revenue can be particularly important to distressed healthcare providers who seek reorganization under the Bankruptcy Code. Because governmental...

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Banking | Finance

Buyer Beware! Despite tokenization, mobile payments are not bulletproof

Virtual Card Present - A New Breed of Mobile Credit Card Fraud  As credit card fraud rises, ensuring the security of mobile payments is important for merchants and consumers alike. To combat fraud, the next generation of mobile payment platforms employ tokenization to create more secure mobile...

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Tax

Home Concrete & Supply Redux? Expansive Interpretation of the “Fraud” Exception to the Three-Year Statute of Limitations

As a general a rule, the Internal Revenue Service has three years from the date a tax return is filed to propose adjustments to that return or lose the right to do so.[1] However, the Internal Revenue Code also provides exceptions under which the three-year period can be extended. The exceptions...

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Cybersecurity

The Amorphous Nature of Cyber Risk: GCs should look at the enterprise-wide impact of a breach

In today’s hyper-connected age, safeguarding a company against a security breach is an amorphous task. Determined hackers will ultimately find a way around security protocols. When it comes to assessing cyber risks, many general counsel feel their hands are tied – they know their...

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Insurance Coverage & Recovery

Watch the Gap: Delegating M&A insurance issues to a broker is risky business

Your company has announced a transaction whereby it will either sell a substantial portion of its assets, merge with or have its stock acquired by another company. As in-house counsel for the seller, you become consumed in responding to due diligence requests by the purchaser, producing customer...

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Discovery

Take Practical Steps Now to Ease the Burden of E-Discovery in the Future

The rapid introduction of new technology and software often leads companies to regularly augment and upgrade their technology and software systems. This has caused dramatic increases every year in the amount of electronic data generated even by small companies. While this data revolution has...

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