EMG Advisors,[19] the court, highlighting that the ERISA fiduciary duties were the highest known to the law, held that an investment manager had breached his fiduciary duties for failing to conduct a thorough investigation before investing certain assets belonging to a retirement fund in a complex derivatives scheme.[20] Similarly, in Evanston Bank v. [read post]

– Tackling music piracy in Africa (Afro-IP)   Australia Patent infringement and account of profits: Black & Decker Inc v GMCA Pty Ltd (No 5) (IP Down Under) MONSTER ENERGY keeps battling: Hansen Beverage Company v Bickfords (Australia) Pty Ltd (Australian Trade Marks Law Blog) High Court provides guidance on contributory infringement provision: Northern Territory v Collins (International Law Office)  PricewaterhouseCooper report – Making the… [read post]

Defendants move, pursuant to CPLR § 3212 and Article 51 of the Insurance Law of the State of New York, for an order granting them summary judgment on the ground that plaintiff did not suffer a "serious injury" in the subject accident as defined by New York State Insurance Law § 5102(d); and move for an order dismissing the action as against defendant ELRAC, Inc. [read post]

Is Your Urogynecology, OB/GYN or Multidisciplinary Practice Prepared for a Medicare Biofeedback Claims Audit or a Pelvic Floor Therapy Claims Audit? [read post]