Monthly Archives: January 2013

Intellectual Property Alert: Technical amendments to the America Invents Act

On January 14, 2013, President Obama signed H.R. 6621, which makes a number of technical corrections to the Leahy-Smith America Invents Act (AIA), into law following its passage by 112th Congress just before the end of its just-concluded session.

The AIA, which President Obama signed on September 16, 2011, constitutes the most significant reform of U.S. patent law in the past 60 years. The first of the two phases of reforms, include new inter partes and post-grant review proceedings, “virtual” patent marking and limitations on false marking suits, and third-party submissions, are in place. The final phase, including the transition from a “first to invent” to a “first inventor to file” system, become effective on March 16, 2013. 

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Labor and Employment Alert: Unprecedented ruling could limit presidential power to make recess appointments

The Federal Appeals Court for the D.C. Circuit (in Noel Canning v. NLRB No. 12-1115) decided on January 25, 2013 that President Obama’s recess appointments from January 4, 2012 were unconstitutional. The appointments included three members of the NLRB, including Sharon Block, Terence F. Flynn and Richard F. Griffin. The specific holding was that no “recess” existed on January 4, 2012, making the Recess Appointment Clause inapplicable. Because of the profound constitutional issues presented, and conflicting opinions from other Appeals courts, this case is likely bound for the U.S. Supreme Court. In the meantime, some legal and practical observations are in order. 

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Judicial Lunch-Voir Dire by Courtney Tito for Palm Beach County Bar Association Bulletin

McDonald Hopkins attorney, Courtney Tito wrote an article on the Judicial Lunch- Voir Dire for the Palm Beach County Bar Association Bulletin’s February issue.

Click here to view the full article.

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POM Wonderful

Guess what? When it comes to the claims you make in your advertising, substantiation matters – a lot. The FTC’s recent Final Order against POM Wonderful (POM) in which it found nearly 40 claims made by POM about its pomegranate juice products to be false and misleading based on the absence of proper substantiation, should leave no doubt that the FTC takes the issue of claim support very seriously. And the fact that most of POM’s challenged claims – claims regarding potential health benefits of the products, including that consumption could help treat, prevent, or reduce the risk of heart disease, prostate cancer, or erectile dysfunction – were not actually express claims, but rather implied claims (from both the wording and imagery of the ad), should be a reminder to us all that the entire advertisement and the overall “net impression” it conveys must be carefully considered.

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Proposed Pilot Program: Business Corporations to Operate New York Hospitals

There is a potentially significant development in New York with respect to the ownership and operation of hospitals in the State. On January 25, 2013, Governor Andrew Cuomo proposed comprehensive budget legislation for 2013-2014 that included a pilot program (the “Pilot Program”) that would allow business corporations to own and operate two hospitals located in the State, subject to establishment approval by the Public Health and Health Planning Council (the “PHHPC”). The Pilot Program is intended to “assist in restructuring health care delivery systems by allowing increased capital investment in health care facilities.”

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McDonald Hopkins 2013 Business Outlook Survey Report

Confidence in business conditions remains lukewarm
Pessimism about Congress intensifies

Click here for full report


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New Court of Appeals Decision Provides Guidance on Medicaid Spenddown Requirements

The recent appellate decision in Multicare v. State of Washington Department of Social and Health Services (DSHS) sheds light on how hospitals should use a patient’s “spenddown” in the billing process for the Medicaid Medically Needy (MN) program. The MN program assists low-income families with medical costs.  A family can qualify for the MN program […]

For more information please visit or click on the headline above.

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Progress in Telehealth: Recent Activity A Cause for Optimism

We are all too familiar with the many hurdles that stand in the way of the greater proliferation of telehealth.  This blog has examined various legal and regulatory stumbling blocks such as licensure, reimbursement, and privacy that continue to stand in the way of telehealth fulfilling its great promise—at least in the United States.  Other countries are increasingly embracing telehealth.  A recent spate of legislative and other activities, however, point to an evolving environment in which legislators and regulators are beginning to understand and grapple with the many legal and regulatory issues that stand in way of the greater use of telehealth.  Here is a sampling of that activity

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ILN Today Post

Lefèvre Pelletier & Associés advises AG2R La Mondiale with the sale of an office building in Paris

The insurance company, AG2R La Mondiale, sold a building of 6 200 m² located 5-7-9 rue Bingen in the 17th district of Paris.

The asset has been acquired by both Rockspring Property Investment Managers and Générale Continentale Investissements (GCI). The office complex will be subject to an extensive renovation and will offer quality offices with the latest HQE, BBC and BREEAM certifications. More…

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On January 30, Davis Malm shareholder and Chair of the Massachusetts Equal Justice Coalition Samuel B. (Sandy) Moskowitz led over one third of Davis Malm’s attorneys and over 650 attorneys in the 14th annual Walk to the Hill for Civil Legal Aid. At the Walk, lawyers lobby state legislators to increase funding for programs that provide civil legal aid to low-income Massachusetts residents. This year, the lawyers were seeking $3.5 million in increased funding to offset the severe drop in revenue from Interest on Lawyers Trust Accounts (IOLTA), the largest non-state funding source for legal aid in Massachusetts, and to prevent further erosion of legal services for the poor.

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