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Article

McDermott Will & Emery | USA | 12 Nov 2018

Kovel Protections Upheld Government Loses Aggressive Arguments for Waiver of Privilege for Controversy Advice

On October 27, the US District Court for the District of Minnesota issued an opinion in United States v. Adams, No. 0:17-cr-00064-DWF-KMM (D. Minn

Article

McDermott Will & Emery | USA | 28 Jun 2016

No Waiver of Forum Selection Clause Despite Filing Declaratory Judgment Action in Non-Selected Forum

Addressing waiver of a contractual forum selection clause, the US Court of Appeals for the Fifth Circuit affirmed a lower court's enforcement of the

Article

McDermott Will & Emery | USA | 10 Nov 2015

CMS and OIG finalize waivers of fraud and abuse laws applicable to Medicare ACOs

On October 29, 2015, the Centers for Medicare and Medicaid Services (CMS) and the Office of Inspector General (OIG) published a final rule regarding

Article

McDermott Will & Emery | USA | 30 Apr 2015

Filing waiver of service triggers one-year IPR bar date

Addressing the issue of standing to present a petition, the Patent Trial and Appeal Board (PTAB or Board) granted institution of an Inter Partes

Article

McDermott Will & Emery | USA | 23 Jun 2014

Focus on tax controversy - summer 2014

Several recent cases have given the government the upper hand in the battle over protection of privileged communications. Arguing that taxpayers

Article

McDermott Will & Emery | USA | 28 Apr 2014

Tax Court extends implied waiver of privilege to taxpayers’ state of mind penalty defense

The U.S. Tax Court concludes in AD Investment 2000 Fund LLC v. Commissioner that a taxpayer's assertion of a state of mind penalty defense waives the

Article

McDermott Will & Emery | USA | 28 Jun 2012

South Park a parody? No, really?

The U.S. Court of Appeals for the Seventh Circuit ruled in favor of Viacom and South Park Digital Studios (SPDS), makers of the animated television show South Park, in dismissing a copyright infringement action that was still in the initial pleading stages.

Article

McDermott Will & Emery | European Union | 10 Nov 2011

Merger control notifications in several EU member states - best practices on cooperation between competition authorities

The European Union’s (EU) national competition authorities (NCA) and the European Commission have agreed upon best practices on cooperation in cross-border mergers.

Article

McDermott Will & Emery | USA | 31 Oct 2011

No disqualification where disclosure of confidential information controlled by joint defense agreement

Determining whether a law firm should be disqualified from representing plaintiff because one of its partners received a defendant’s confidential information under a joint defense agreement in a previous lawsuit and in a previous employment, the U.S. Court of Appeals for the Federal Circuit overturned a district court decision disqualifying the firm and upheld the waiver provision of the joint defense agreement, which waived future conflicts of interest.

Article

McDermott Will & Emery | USA | 31 Oct 2011

Seller of George Foreman trademarks down for the count on breach of contract claims

In a breach of contract dispute over the sale of “George Foreman” trademarks, the U.S. Court of Appeals for the Third Circuit, in a non-precedential decision, ruled against the plaintiff, concluding that no breach of contract took place and that all remaining claims were waived.

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