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Inside M&A - Fall 2014

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 14 2014

Buyers can acquire unintended and potentially very damaging liabilities together with target business or assets. Analyzing the financial situation of

Illinois courts consistently enforce manufacturing exemption despite Department of Revenue opposition

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 14 2014

Illinois courts have issued three taxpayer-friendly manufacturing rulings in 2013 and 2014, underscoring the breadth of the exemption from use tax

Supreme Court to hear Tax Injunction Act case

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

On August 20, 2013, in Direct Marketing Association v. Brohl, the U.S. Court of Appeals for the Tenth Circuit held that the federal Tax Injunction

No motivation to combine where combination requires complete redesign

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

In a final written decision for two consolidated Inter Partes Review (IPR) proceedings, the U.S. Patent and Trademark Office’s Patent Trial and

PTO decision not to institute IPR is final and not appealable

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

Effectively reiterating a decision from earlier this year, the U.S. Court of Appeals for the Federal Circuit granted a patent owner’s motion to

Court weighs in on deadline for filing FTC refund claims

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 14 2014

On September 19, 2014, the U.S. Court of Federal Claims issued its opinion in Albemarle Corp. v. United States, No. 12-184T, holding that it lacked

New challenge to 340B rule regarding orphan drugs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 13 2014

On October 9, 2014, Pharmaceutical Research and Manufacturers of America (PhRMA) filed a complaint (the October 9 Complaint) against the U.S

Judge Posner orders Sherlock Holmes estate to pay attorneys’ fees for “form of extortion”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing

S.D.N.Y. Dismisses cotton traders’ 1 claims under Copperweld

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 17 2014

On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act (CEA) and Sherman Act claims brought against Louis

Supreme Court to review application of ERISA’s six-year statute of limitations in Tibble v. Edison Int’l.

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 7 2014

On October 2, 2014, the Supreme Court of the United States granted the plaintiffs’ petition for a writ of certiorari in Tibble v. Edison