Tag Archives: Clarity

Statutory Clarity and Judicial Review of Regulatory Impact Analysis

A common phenomenon in partisan politics is the periodic realignment of the parties’ positions as their electoral successes ebb and flow. For example, many conservatives who once decried the muscular interpretation of executive power taken by the Obama Administration have … Continue reading

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VMware GPL case is back in court—will we finally get some clarity on the meaning of "derivative work"?

One of the most active Linux kernel developers, Christoph Hellwig, backed by the Software Freedom Conservancy, (unsurprisingly perhaps) has struck again against a virtualisation giant—VMware. for breaching the GNU General Public Licence (GPL). More than two years after the Hamburg … Continue reading

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Is 2019 the Year Clarity Returns to Section 101? Judge Paul Michel Is Hopeful

For almost ten years, U.S. patent law has experienced extraordinary confusion and uncertainty about what types of inventions and discoveries are patent eligible. The U.S. system changed from offering strong protection for novel and nonobvious inventions to questioning whether groundbreaking … Continue reading

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Florida Supreme Court brings clarity to Attorney-Fiduciary privilege (different from the attorney-client privilege)

FLORIDA SUPREME COURT ADOPTS “ATTORNEY-FIDUCIARY PRIVILEGE” RULE The attorney-client privilege is one of the oldest legal concepts and the backbone of providing effective legal services.  It keeps the communication between an attorney and her client secret and protects it from … Continue reading

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Draft Guidance Falls Short on Providing Clarity for Companies Denied Certificates to Foreign Government

By Allyson B. Mullen — One of the most painful consequences of a bad inspection at a U.S. facility is FDA’s resulting refusal to issue certificates to foreign governments (CFGs) until the issues are resolved. CFGs are quite often a … Continue reading

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