News & Press Releases

Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority detailing what employers should know about trying to manage partially vaccinated workforces following the Centers for Disease Control and Prevention (CDC)’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing. Throughout the article, Ms. Rubin offered considerations for employers verifying vaccination status including utilizing trained professionals, planning for proof of vaccination in lieu of CDC cards, and mitigating the high risk of bullying created by dividing the workplace into two populations.

Mintz Associate, Tim McKeon, wrote an article for the American Bankruptcy Institute about the decision of the the U.S. Court of Appeals for the Third Circuit squarely rejecting the view that “triangular setoffs” fall within the protective circle of § 553 of the Bankruptcy Code.

In an article published by Managing IP, Mintz Member Marguerite McConihe was quoted on the Department of Justice’s recent decision to move a 2020 letter to the competition section of its website and what it may signal for standard essential patent policy under the Biden administration. Ms. McConihe stated that it’s too soon to tell whether the move is a clear sign of where the Biden administration is going and added that the pending appointment of the Assistant Attorney General for Antitrust will be a better indicator of the administration’s position.

Mintz Member and Chair of the firm’s Energy & Sustainability Practice Tom Burton was quoted in an article published by Law360 on the increasing number of businesses going public as “public benefit corporations,” which is a legal designation that signals a company's commitment to goals beyond maximizing profits. Mr. Burton said that “we’re in the early days of a real and substantial trend,” and called it a “critical and fundamental change" away from the idea of shareholder primacy.

In an article published by Law360, Mintz Member and Co-chair of the firm’s Securities Litigation Practice Jack Sylvia was quoted on the contentious legal battle between Massachusetts Secretary of the Commonwealth William Galvin and stock trading and investing app Robinhood, which is poised to test the state’s new fiduciary rule, and, by extension, the authority of one of the most aggressive securities regulators in the country.

Mintz Members Peter Cuomo and Muriel Liberto co-authored an article published in the March/April 2021 issue of IP Litigator that examined how the U.S. written description requirement is developing in the ‘unpredictable’ pharmaceutical and biotechnology-related arts. In their article, Mr. Cuomo and Dr. Liberto reviewed a line of post-Ariad “blaze marks” cases illustrating what may become a trend toward a higher bar for satisfying the written description requirement in the United States, particularly as applied to genus claims covering molecules large and small, such as antibodies, enzymes, and small organic molecules. Where the claim further relies upon functional language to define a genus of compounds, the authors cautioned that the bar is likely to be even higher to the extent this line of cases is followed.