Lawyer Shoots Self in Foot with Shotgun Approach to Litigation
Client Alert | 1 min read | 04.05.17
On April 4, 2017, in US ex rel. Hayes v. Allstate Insurance Co., the Second Circuit joined the D.C. Circuit in holding that the “first-to-file” rule is not jurisdictional; rather it goes to whether the plaintiff has stated a claim on which relief may be granted. In an accompanying non-precedential Summary Order, the court also upheld dismissal with prejudice as to the relator, an attorney, for violating Rule 11 by alleging that more than sixty companies – largely insurance companies – were systematically non-compliant with certain statutory obligations to reimburse Medicare even though he had no personal knowledge that all named companies had participated. In affirming the lower court, the Second Circuit concluded that denial of leave to amend to add 38 new defendants was not an abuse of discretion.
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Client Alert | 4 min read | 12.30.25
Are All Baby Products Related? TTAB Says “No”
The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation.
Client Alert | 6 min read | 12.30.25
Investor Advisory Committee Recommends SEC Disclosure Guidelines for Artificial Intelligence
Client Alert | 2 min read | 12.29.25
FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
Client Alert | 4 min read | 12.29.25
More Than Math: How Desjardins Recognizes AI Innovations as Patent-Eligible Technology
