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It’s Your Burden: South Carolina Supreme Court Rejects Department of Revenue’s Application of Alternative Apportionment

The South Carolina Supreme Court issued its decision in CarMax Auto Superstores West Coast, Inc. v. S.C. Dep’t of Revenue, Opinion No. 27474 (S.C. Dec. 23, 2014), holding that the South Carolina Department of Revenue (the “Department”)…more

U.S. Attorney General States Principles for Working With Tribes

On Friday, December 12, 2014, the Office of the Attorney General issued a notice setting forth principles for the AG and Department of Justice to work with federally recognized Indian tribes. Highlights of these principles include..…more

Change in Rules Related to Employee Communications and Use of Employer’s E-mail

Since its 2007 Register Guard decision, the National Labor Relations Board (“NLRB”) has taken the position that employees have no statutory right to use company email for Section 7 purposes (e.g., email communications regarding union…more

Motion to Strike "Errata Sheets" to Deposition Testimony Granted Where Plaintiff's Expert Witnesses Changed Answers from "No" to "Yes"

In this patent infringement action, the defendant filed a motion to strike the "errata sheets" to deposition testimony of two of plaintiffs' expert witnesses, Neill Luebke and Robert Sinclair. The plaintiff opposed the motion to…more

Brain damage from birth injury leads to $32 million award

Birth injuries are often some of the most devastating injuries that a family can experience. When a healthy baby is expected, but preventable injuries occur due to the actions of negligent medical personnel, families are often left…more

President‘s new policy on Cuba: new opportunities for US business?

In what has been described as the most significant change in Cuba policy in more than 50 years, President Barack Obama has instructed the Secretary of State to begin the process of re-establishing diplomatic relations with Cuba, which…more

Ninth Circuit Panel Holds NMFS Biological Opinion regarding California Water Projects Passes Legal Muster

As numerous news outlets reported, see L.A. Times and S.F. Chronicle, the United States Court of Appeals for the Ninth Circuit issued a decision reversing a lower court and affirming a biological opinion and reasonable and prudent…more

Alaska Voters Approve Measure Legalizing Marijuana for Adult Recreational Use

On November 4, 2014, Alaska voters approved a ballot initiative legalizing the recreational use of marijuana for adults aged 21 and over. With passage of the measure, Alaska joined Washington, Oregon, Colorado, and the District of…more

What Does the Decision in Home Care Association of America v. Weil Mean for Home Care Employers in New York?

In a welcome decision for home care providers, on December 22, 2014, a federal judge in Washington, D.C., vacated important changes to federal regulations that had been scheduled become effective January 1, 2015, and which would have…more

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board changed…more

PTAB Gives Guidance Regarding What Constitutes A Printed Publication

In an IPR petition filed by petitioner C&D Zodiac, Inc., the petitioner sought review of patent owner, B/E Aerospace, Inc.'s U.S. Patent No. 8,590,838, directed to space-saving aircraft enclosures, including lavatories, closets, and…more

The Glencore giant, the law’s Lilliputians, and the mining and metals markets: Glencore-Rio Tinto II: Can it negotiate the merger rules mire?

James Killick, John Tivey, Rebecca Campbell, Jan Jeram and Anthony Elghossain of global law firm White & Case examine the process and the issues that may arise should such a deal come to fruition. The market’s been buzzing. Ever…more

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