Vioxx Lawyers News

The cost of patent litigation, from discovery, trial and counsel fees to claim awards, has seen a tremendous and continuous upward expansion in recent years. The number of patent claims resolved by district courts through summary judgment has doubled since the launch of the Markman Hearing, but even greater resolve and cost savings can be realized by parties that take a pre-Markman ADR approach," says Hon. William F. McDonald (Ret.), a full time mediator and arbitrator with JAMS, The Resolution Experts (Southern California). "Some fast-track patent jurisdictions already mandate a meeting of the parties in advance of the Markman Hearing, to identify and narrow down the basic components and legal foundation of the claims," he says. "Whether or not it's mandated, anticipating a Markman Hearing, both sides of a dispute should start the ADR process early to focus and resolve basic claims. The hearing will be more productive, and more likely to avoid trial if this step is taken," says McDonald. Judge McDonald specialized in intellectual property law as a Registered Patent Attorney and in business litigation for 15 years before his appointment to the bench in 1981. He is a certified member of World Intellectual Property Organization panel of Arbitrators and Mediators. He is available to comment or write on the use of early ADR in patent litigation. [08/07/2008]

Though there may be a case for some employers to sign on to the federal government's new electronic I-9 compliance verification system known as E-Verify, the decision should not be made lightly. "The government has offered some incentives for companies to sign on to E-Verify, such as 17-month extensions for foreign national student employees who work in the so-called STEM fields of science, technology, engineering and mathematics. But for most other employers, the problems with E-Verify may outweigh any benefit," say Daniel Maranci and Teresa A. Crowley, immigration counsel and specialist, respectively, with Verrill Dana, LLP (Boston). They say employers using E-Verify to submit I-9 details for foreign nationals are having a particularly difficult time with the system. "Because there's a delay between when a foreign national enters the country, submits their biometric and other information, and when that information is transferred to the E-Verify system, many employers are having non-confirmations returned when they enter details for foreign nationals. The system also only gives them eight federal workdays to resolve the no-match before it the employer must terminate them. So, you have situations where a foreign national is legal to work in the U.S., has gone through all the proper hoops, but may have to be taken off payroll because the data between the government agencies is not exchanged properly." Adding to the problem, say Maranci and Crowley, is that foreign nationals whose employment is terminated may be able to pursue wrongful dismissal claims against employers. Employers may also be signing up for more than they realize with E-Verify. "The memorandum of understanding that employers sign when starting up with E-Verify stipulates that they will give full access to ICE and the Department of Homeland Security to come onto their premises and make checks as to whether employees are being trained to use E-Verify, I-9 compliance, and other issues," say Maranci and Crowley. "It gives them carte blanche access and they don't have to give any notice to an employer. They can just show up." For these reasons, Maranci and Crowley advise employers to weigh the benefits and drawbacks of E-Verify carefully before signing on. They are available for interviews to discuss the issue, and to write on the matter. [07/31/2008]