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Federal Circuit Court of Appeals Limits Common Sense in Obviousness Determinations in Patent Claims

On August 10, 2016, the Federal Circuit Court of Appeals tightened the usage of common sense and in doing so clarified the criteria for applying it in an obviousness determination. Arendi S.A.R.L., Appellant v. Apple Inc., Google Inc.…more

Enough is enough - stopping bullying in the workplace in Australia

Bullying at work has long been recognized as a problem. The potential negative consequences are endless, including risks to health and safety, adverse impacts on culture and morale, increased absenteeism and turnover, damage to…more

En Banc Court Ties On-Sale Bar to Commercial Sale in Accordance with Uniform Commercial Code

In a unanimous en banc decision, the US Court of Appeals for the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on-sale bar” of 35 USC §…more

Records Of Employment – Not Just For Terminations

The end of summer is (unfortunately) just around the corner, which for many employers means saying goodbye to student employees and seasonal workers. Most employers know that they need to complete a record of employment (ROE) when an…more

SEC Approves FINRA Pay-to-Play Rule

This week, on Thursday, August 25, 2016, the SEC approved FINRA Proposed Rules 2030 and 4580 (the Proposed Rules) as they had been proposed by FINRA. The Proposed Rules would impose pay-to-play restrictions and recordkeeping…more

Look, up in the sky! It’s a bird, it’s a plane, it’s… uh oh… a Super Lien!

Liability insurers have always gnashed teeth over the dreaded “super lien” – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation. This is…more

Missed Opportunity by The Supreme Court to Address the Erosion of Hospital Self-Review Privileges

In Tibbs v. Bunnell, the U.S. Supreme Court recently denied a hospital’s petition for certiorari to review the scope of the patient safety work product privilege. The hospital appealed from a Kentucky Supreme Court decision holding…more

Court Denies Preliminary Injunction and Terminates Temporary Restraining Order, Allowing Imposition of Level 3 School Impact Fees

On May 26, 2016, the California Building Industry Association successful obtained a temporary restraining order from the Sacramento Superior Court preventing the State Allocation Board—and all others acting in concert with the SAB or…more

Outsourcing and the Value Added Tax: Mexico’s Third Circuit Reminds Employers to Consult the Federal Labor Law

On July 15, 2016, the Third Circuit Court on Administrative Matters, acting in plenary session (based in Jalisco), published a Judicial Interpretation titled, “Provision of Independent Services: In order to determine whether or not…more

Final Fair Pay Rules Are Here: Contractors Face Complex Requirements and Challenges with New Reporting Obligations

The federal government released the final regulations implementing the Fair Pay and Safe Workplaces Executive Order (“EO” hereafter) this week. The regulatory package contains two parts: amendments to the Federal Acquisition…more

District Court Rules Against an Illinois Power Plant in CAA Citizen Suit, Rejecting Three Defenses to Liability

In the case of National Resources Defense Council , et al. , v. Illinois Power Resources, LLC and Illinois Power Resources Generating, LLC, decided August 23, 2016, the United States District Court for the Central of District of…more

California Court of Appeal Partially Upholds Air Quality Thresholds of Significance Following State Supreme Court Decision

In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld California…more

India-Mauritius Protocol Seeks to Close Tax Loopholes

Originally published in The Investment Lawyer, Volume 23, Number 9, pages 19–27, September 2016. On May 10, 2016, the Republic of India and the Republic of Mauritius entered into a protocol (the Protocol)…more

AB 2535 Expands Exceptions to Tracking Hours Requirements on Itemized Wage Statements

Prompted, in part, by a 2015 federal court decision which held that employers must state the total hours worked by outside sales persons, Assembly Bill 2535 amends Labor Code section 226 to further clarify the categories of workers…more

Wynn Just Bought a Bunch More Land in Everett and You Have to Wonder Why

At some point this past spring, casino mogul Steve Wynn acquired the weed-choked, old General Electric property in Everett for an undisclosed sum and an undisclosed purpose. I’m surprised this move has received so little attention…more

News of Note for the Internet-Minded – Pokémon Go Edition

Even as the initial furor surrounding the release of developer Niantic’s Pokémon-themed ap has subsided, the issues raised by the mass embrace of the augmented reality-flavored game continue to merit attention from lawmakers, games…more

Private Antitrust Damage Actions in China: An Emerging Force?

China has emerged as a global power in merger review with surprising speed. Does the surge in private antitrust litigation suggest a similar pattern? Introduction - This Client Alert provides a general description of the…more

Draft IRS Publication 5164 (Early Look) for Processing Year 2017

If your EIN will have 250 or more full-time employees in 2016 (counting each person who was full-time in any month) you’ll need next year to file your 2016 ACA Information Returns – Forms 1094-B and 1095-B or Forms 1094-C and 1095-C –…more

Annie Get Your Gun – Court Rules Termination For Bringing Gun to Work Unlawful

In a recent decision that could have implications in many states, a federal appeals ruled that an employee could state a claim for wrongful termination under state law after being discharged for storing a gun in his car on company…more

HHS Office for Civil Rights to Increase Investigation of Small HIPAA Breaches

The Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) recently announced that it has increased its review of breaches of protected health information affecting fewer than 500 individuals. This…more

Ecuador Publishes Technical Regulation to Enforce Mercury and Cadmium Limits in Batteries

The Ecuadorian Standardization Agency (INEN) has published a technical regulation to enforce mercury (Hg) and cadmium (Cd) limits in batteries. This regulation establishes safety requirements for batteries in order to protect the life…more

Drone Operations Near Wildfires Spark New Laws and Technological Advances

As wildfire season heats up in the Western United States, drone (also known as “unmanned aircraft systems” or “UAS”) operations near wildfires have spurred technological advances and prompted a series of state and federal statutory and…more

Assault of Home Health Worker by a Patient’s Father Prompts OSHA Violation

A provider of pediatric home health, Epic Health Services, was recently fined $98,000 by the Occupational Safety and Health Administration (OSHA) in connection with the sexual assault of a home health employee by a patient’s father…more

EpiPens: the latest epic fail to halt Big Pharma’s relentless jacking up of prices

Martin Shkreli, the smirking Pharma CEO, has been replaced for now as the national symbol for outrage over Big Pharma’s price gouging. Enter, stage right: Heather Bresch, a 47-year-old executive-who also happens to be the daughter of a…more

HIPAA Audit Check-Up – Where We Are and What’s to Come

Phase 2 of the HIPAA audits is fully underway, and covered entities now can take a breath if they have not received a desk audit request. But we still are at the beginning of Phase 2, with more to come…more

Timber! Will the Little Trees Car Freshener Configuration Trademark be Chopped Down?

We wrote about the above trademark warning ad a few years back, and the claimed trademark owner likely recognizing vulnerability as to validity..…more

Second Consultation on Harmonization of the Unique Product Identifier Launched

The Committee on Payments and Market Infrastructures and the Board of the International Organization of Securities Commissions published a second report on proposed guidance for a harmonized Unique Product Identifier..…more

SEC Adopts Amendments to Form ADV and Recordkeeping Rule

On August 25, 2016, the Securities and Exchange Commission (the “SEC”) adopted rules, proposed in May 2015, to modernize and enhance the disclosure requirements promulgated under the Investment Adviser Act of 1940, as amended (the…more

NLRB Concludes That Student Assistants Can Unionize

On August 23, 2016, the National Labor Relations Board overturned its prior precedent in Brown University and concluded that student assistants—including both graduate and undergraduate teaching assistants—at private colleges and…more

Marijuana Defense Attorney | Does the Odor of Marijuana Justify Probable Cause for a Search?

Can a cop search my home or vehicle without consent just because he smells marijuana? This question is one I field on a regular basis as new clients seek out an experienced marijuana defense attorney. “After all,” the new client…more

The Alice v. CLS Bank Scorecard, Two Years Later

It has now been a two years since the Supreme Court rendered its now infamous Alice v. CLS Bank decision.  It is safe to say that the Alice decision has had a profound impact on software patent enforcement, both at the Federal Circuit…more

Scottsdale Car Dealership Sued by EEOC for Disability Discrimination

Bell Lexus and The Berge Group Rescinded Job Offer Based on Woman's Lawful Prescription Drug Use, Federal Agency Charges - PHOENIX - A Scottsdale, Ariz., car dealership company violated federal law by rescinding a job offer after…more

How to Use a Joint Venture to Spur Growth

We’ll never forget Don Vito Corleone’s chilling line: “I’m gonna make him an offer he can’t refuse.” Sure, it made for a good movie, but if you think business is about fighting off opposition at any expense, it’s time to turn off The…more

Singapore to Introduce New Requirements to Increase Sustainability in Packaging Waste Management

On July 12, 2016, the National Environment Agency (NEA) announced that it will be introducing new requirements, which will come into force within the next three to five years, in order to increase sustainability in packaging waste…more

The Clean Air Act Creates a Nightmare for Yuma County

We have all heard, and likely even experienced its meaning on numerous occasions, the old adage of being stuck between a rock and a hard place. Finding oneself in this position is most unpleasant as it means there are no viable options…more

Supreme Court Depublishes Quirky Fourth District CEQA/General Plan Decision

On August 17, 2016, the California Supreme Court ordered the Fourth District’s opinion in People for Proper Planning v. City of Palm Springs (2016) 247 Cal.App.4th 640 to be depublished, rendering it unciteable and of no precedential…more

Ambulance and Home Health Moratorium Continued and Expanded

The Centers for Medicare and Medicaid Services (CMS) recently announced an extension of its temporary moratorium on enrolling new nonemergency ambulance suppliers in New Jersey, Pennsylvania and Texas and new home health agencies in…more

NLRB Permits Graduate Students to Unionize at Private Institutions

On August 23, 2016, in a 3 to 1 decision, the National Labor Relations Board (NLRB) issued a ruling that renders graduate student assistants "employees" for the purposes of unionization, overturning a standard that previously…more

Daubert motion is granted in

Defendant moved to exclude the testimony of plaintiff’s damages expert Charles Perry. The expert relied on a license relating to the patent-in-suit which had been made in the context of settling a litigation dispute. He reasoned that…more

EU Customs Developments - July 2016

EU Customs Policy - Union Customs Code Developments - On 19 July 2016, the European Commission published a proposal to amend Article 136 of the Union Customs Code (UCC). This Article UCC exempts goods that have temporarily…more

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v. GameStop, Inc.…more

Injured in a Car Accident? Watch What You Post on Social Media

In 2016, it has become normal to post details about even the smallest details of your life on social media for many to see. A review of an average Facebook feed may include pictures of someone’s breakfast, lunch, and dinner, details…more

Is it Possible to Undo My Divorce?

You and your spouse signed the settlement agreement, the court entered your divorce, a few weeks or months have gone by, but now you regret some or all of the terms of your divorce. Maybe you think you could have gotten more money…more

Tax Exempt Government Entities

The IRS is seeking applicants for vacancies on the Advisory Committee on Tax Exempt and Government Entities (ACT). The committee provides advice and public input on the various areas of tax administration served by the Tax Exempt and…more

Court Enforces Trust Even Though The Trust Document Was Missing

In Gause v. Gause, a son brought suit to affirm the existence of a trust established by his father. No. 03-13-00768-CV, 2016 Tex. App. LEXIS 8138 (Tex. App.—Austin June 29, 2016, no pet. history)…more

SEC Approves FINRA’s Capital Acquisition Broker Rules

While the new rules may provide a measure of relief to certain entities that engage in a limited subset of broker-dealer activities, significant compliance requirements continue to apply. On August 18, 2016, the U.S. Securities…more

Low-Wage Employees in Illinois Protected From Noncompetes Under New Law

On August 19, 2016, Illinois Governor Bruce Rauner signed a bill prohibiting noncompete agreements for low-wage employees. In addition to prohibiting most private-sector employers from entering into noncompetes with its low-wage…more

In Case You Missed It: Launch Links - August, 2016 #3

Some interesting links we found across the web this week: In Copyright Law, Computers and Robots Don’t Count - We mentioned last week the changing landscape of software patents, but don’t lose sight of developments in…more

Tide Mill Institute - 2016 Boston conference

The Tide Mill Institute will hold its 12th conference, Boston's Tidal Power: Periodic & Perpetual, on Saturday, November 12th, at the Metropolitan Waterworks Museum in Boston, Massachusetts. Tide Mill Institute is nonprofit…more

SEC Charges Firm, Promoters With Offering Fraud

The SEC brought another offering fraud action centered on false projections by an issuer regarding its expected performance. Unlike the action filed early last week, this one did not settle and is headed for litigation. SEC v. Enviro…more

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