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POLICY & REGULATION
LITIGATION
Feature
4 Argument Sessions For Benefits Attys To Watch In Nov.
By Kellie Mejdrich
JPMorgan Chase & Co. will defend its win in a 401(k) forfeiture suit at the Ninth Circuit, Aetna will ask the Second Circuit to push a multiemployer health plan's suit into arbitration, and the Tenth Circuit hears from pharmacy benefit managers who want an opioid nuisance battle moved to federal court. Here, Law360 looks at four arguments that benefits attorneys may want to keep an eye on in November.
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'Clearly Sanctionable' Conduct Not Punished In Vape MDL
By Jonathan Capriel
Buyers of CCell-branded vape hardware escaped sanctions Friday after they repeatedly mischaracterized emails to suggest a distributor had an enforcement role in a price-fixing scheme, when the California federal judge overseeing the multidistrict litigation called the conduct "clearly sanctionable" but giving counsel "one last chance."
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Nike Scores Quick OK For Appeal In Wash. Spam Class Action
By Ben Adlin
A Washington state judge greenlighted Nike Inc.'s bid for a quick appeal Tuesday in a case accusing the apparel giant of sending customers misleading advertising emails, clearing the way for appellate review of whether alleging violations of Washington's antispam statute automatically establishes economic injury under the state's consumer protection law.
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DEALS
BANKRUPTCY
ENFORCEMENT
PEOPLE
EXPERT ANALYSIS
A Lesson On How Courts Approach Impossible Patent Claims
The Federal Circuit's recent decision in Satius v. Samsung, concluding that a scientifically impossible patent claim lacks enablement, underscores important considerations when drafting patent claims with potentially incompatible alternatives, and highlights an uncommon strategy for attacking patent validity via claim construction, say attorneys at Buchanan Ingersoll.
Opinion attached |
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How Contracts Can Address Agentic AI Monitoring Risk
In light of two recent OpenAI incidents of artificial intelligence agents disabling their monitoring safeguards, companies deploying agentic AI should draft contracts reflecting the possibility that controls can fail, and identify who controls each safeguard, whether the AI agent can interfere, and how a failure will be detected, say attorneys at Zova Law.
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LEGAL INDUSTRY
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