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05/11/2015

Pay-for-Delay Lawsuits Strengthened by CA Supreme Court Opinion

Pay for Delay Lawsuits

Audet & Partners, LLP reports that the California Supreme Court has issued an opinion which may leave large pharmaceutical companies vulnerable to antitrust challenges arising out of patent litigation settlements that effectively stifle competition in the pharmaceutical marketplace.  In these "pay-for-delay" lawsuits, manufacturers have been sued by consumers claiming that drug companies paid off smaller generic manufacturers as a way to keep lower-cost generics off the market.  In so doing, the larger companies have been able to maintain higher prices... Read More
04/08/2015

Felon Firings By Apple May Be Illegal

Felon Firings by Apple May Violate the Law

Audet & Partners, LLP is investigating claims by construction workers who claim to have been discharged from work on Apple's new Cupertino campus based solely on their status as previously convicted felons.  While for certain types of employment a prior felony conviction may bear some relevance to potential job responsibilities, this generally does not hold true for construction work and situations such as the recent felon firings at Apple. The San Francisco Chronicle recently reported on one worker, Kevin Yip, who... Read More
02/24/2015

Whistleblower Protection Against Retaliation by Employers

Whistleblower Protection of Employees

Whistleblower Protection Provided Under SEC Law Federal law mandates that, if a company is publicly traded, they must report earnings and other financial information to the Securities Exchange Commission (SEC).  In 2002, the Sarbanes-Oxley Act was enacted in response to an increase in the mishandling of required SEC filings and corporate fraud. The legislation afforded employee whistleblower protection and helped the SEC further regulate corporations. The Act also made retaliation against a whistleblower a crime, for which the employer can be prosecuted.... Read More
02/12/2015

What is a Section 327 Appointment?

Section 327 Appointment

What is a Section 327 Appointment?   According to Section 327(a) of the Bankruptcy Code, a Section 327 appointment involves an attorney appointed by a bankruptcy trustee to assist in a Chapter 7, 11 and 13 bankruptcy proceeding.  Special counsel appointed in this capacity must first sign a sworn affidavit that they do not represent any materially adverse interest to the estate and is not an interested party.  Special Counsel in a Section 327 appointment is also prohibited from assisting the trustee in... Read More