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When substantial defects in project design result in delay, injury, or other damage, the project architects and engineers are typically held responsible. This often comes in the form of a [...]

On June 24, 2019, the U.S. Supreme Court, in Iancu v. Brunetti, struck down the Lanham Act's prohibition on the registration of 'immoral' or 'scandalous' trademarks. Justice Kagan wrote for [...]

Phish, an American rock band founded at the University of Vermont, has garnered critical acclaim for its musical improvisation skills and extended instrumental sessions during its live performances since its [...]

Precedential Federal Circuit Opinions ATI TECHNOLOGIES ULC v. IANCU [OPINION - PRECEDENTIAL] (2016-2222, 2016-2406, 2016-2608, 4/11/2019) (Newman, O'Malley, Wallach) Newman, J. Reversing PTAB and finding that patentee had antedated references [...]

On January 23, 2019, the Court of Appeals for the Federal Circuit significantly altered the rules concerning the possible amount of PTA available to patentees. In Supernus Pharmaceuticals, Inc. v. [...]

Those familiar with Patent Trial and Appeal Board proceedings are no doubt aware of some basic trends with respect to post-grant challenges: Institution rates have dropped over the past two [...]

BDW Trading Ltd v Integral Geotechnique (Wales) Ltd [2018] EWHC 1915 (TCC) This was a professional negligence claim brought by the claimant, a national housebuilding company trading as Barratt Homes [...]

In a recent case, Lewis Brisbois successfully moved a federal court to compel arbitration of all of a contractor's claims against an engineering firm and to preclude an interlocutory appeal [...]

As discussed in our prior post, the Supreme Court is poised to issue decisions in two cases about IPRs. The first case is Oil States Energy Services v. Greene's Energy [...]

On April 3, 2018, the Department of Justice Antitrust Division ('DOJ' or 'Antitrust Division') filed an antitrust complaint against Knorr-Bremse AG ('Knorr') and Westinghouse Air Brake Technologies Corporation ('Wabtec') for [...]

Arbitrability of fraud has been one of the contentious issues in arbitration. It involves the question of what type of issues can and cannot be submitted to arbitration. The recent [...]

In its recent decision in Truman v Association of Professional Engineers of Ontario, 2016 ONSC 472 the Ontario Divisional Court applied a reasonableness standard of review to a decision from [...]

In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers [...]

A recent European Court of Human Rights case has attracted much publicity in the UK press as giving employers the green light to read employees' private emails. This is wrong. [...]

A recent European Court of Human Rights (ECHR) case (Barbulescu -v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees' private [...]

On September 15, 2015, the Court of Québec rendered a judgment in which it found a former mayor and a vice-president of an engineering firm guilty of several criminal offences [...]

On June 15, 2015, a civilian engineer in the U.S. Navy pled guilty to attempted espionage in relation to his attempt to circumvent a U.S. Navy computer system to provide [...]

In Mihaly v The Association of Professional Engineers, Geologists and Geophysicists of Alberta, 2014 AHRC 1, an Alberta Human Rights Tribunal held that the standards used by the Association of [...]

After Sackett, the question on everyone's mind was 'How far does it go?' The first test of that question was the decision by the 5th Circuit Court of Appeals - [...]

A recent Environment Court case has set an important precedent for the engineering industry and those involved in development and subdivision projects. It relates to the standard expected of engineers [...]

The Divisional Court's recent decision, Katsoulakos v Association of Professional Engineers of Ontario, raises two important issues for professional self-regulatory bodies in respect of the degree to which procedural fairness [...]

Back in April of this year, I participated on a panel for the matrimonial track at the New Jersey Association for Justice Boardwalk Seminar regarding top financial mistakes in divorce. [...]

In its recent decision in Boyd v. Cook, the Alberta Court of Appeal stressed the importance of limitation periods, the means by which to determine when the limitation period starts [...]

The long-ago Russian Revolution has been fought anew in the Federal courts in New York. The case is Konowaloff v. Metropololitan Museum of Art, and it involves a lawsuit seeking [...]

Nulty & Ors v Milton Keynes BC Causation test when neither cause seems likely http://www.bailii.org/ew/cases/EWCA/Civ/2013/15.html Weekly Update 40/11 referred to the first instance decision in this case. The claimant alleged [...]

A decision released on September 14, 2012 in the Gould v. Western Coal Corporation class action, on a motion for leave to commence a securities action under Part XXIII.1 of [...]

Introduction The interrelated contracts principle continues to gain momentum in Canadian contract law. Simply put, the courts favour an interpretive approach that looks beyond the four corners of a single [...]

Stonewall Hotel Pty Ltd leased three-storey premises which it ran as a restaurant and nightclub. In November 2002, the first floor ceiling collapsed injuring a number of patrons. This was [...]

Parties involved in litigation involving artworks often rely on the evidence of expert witnesses when advancing their case in court. Expert witnesses may be art dealers, professional art valuers, auctioneers [...]

Oracle continues to experience trouble with its damage expert report in the ongoing battle over the Android Operating System. In its third attempt to prepare an appropriate damage report, Oracle's [...]

Introduction If an engineer, architect, or any professional for that matter, agrees to do work for a client and there is no agreement on the remuneration payable, does that mean [...]