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Possible Executive Action President Obama may take on Immigration

President Obama has stated he intends to take executive action on immigration soon. This article by a lawyer with over 13 years experience in US Immigration details several of the highest probable forms that this referenced…more

How 401(k) Financial Advisors Can Breakthrough to the “Next Level”

I have been a New York Mets fan for over 30 years and despite all the jokes, there were certainly some good times (especially in 1986). From 1977-1983, the Mets were going through many of their dark ages. They traded Tom Seaver and a…more

EEOC Releases Guidance on Pregnancy Discrimination Laws

Guidance Does Not Address State-specific Laws and Requirements - The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in three…more

Imputations- jury decides whether ‘the antidote has overcome the bane.’

The New South Wales Court of Appeal recently handed down judgment in the matter of Corby v Allen & Unwin Pty Ltd. In this case Rosleigh Jill Rose, Michael Corby Junior and Mercedes Pearl Esma Corby (‘the Appellants’) commenced…more

FCA guidance for firms thinking of using third-party technology (off-the-shelf) banking solutions

The Financial Conduct Authority has published a document setting out a list of points for financial services firms to consider when preparing for and evaluating third-party technology banking solutions. Where a third-party…more

Decisions Do Not Apply "Jewel Doctrine" to Departed Partners' Fees - Legal Fees Earned by Departed Partners in Now-Defunct Law Firms Determined Not to Be Property of the Bankrupt Firm

A California District Court recently held that a bankruptcy trustee could not claim a property interest in the hourly fee matters pending at the now-dissolved Heller Ehrman LLP law firm. This June California decision was followed by a…more

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE Distributors, LLC

On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate court has…more

News Media Touts “Findings” of New Study on Fracking Wells Leaks, But Fails to Recognize Limitations of Data

New unconventional fracking wells leak far more than older traditional gas wells, says a smattering of news media outlets reviewing a new study released by the Proceedings of National Academy of Sciences on June 30, 2014. Yet, these…more

A Compound Is Obvious Where Only Minor Changes to a Prior Art “Lead Compound” Are Required to Make the Claimed Compound

Bristol-Myers Squibb Co. v. Teva Pharms USA, Inc. - Addressing the obviousness of a claimed compound where a person of skill would need to make only minor changes to a lead compound to arrive at the claimed invention, the U.S…more

Georgia Supreme Court: Business Judgment Rule Valid, But Bank Officers Can Still Be Liable

In the context of Federal Deposit Insurance Corporation (FDIC) litigation against the former directors and officers of a failed bank, the Georgia Supreme Court has upheld the validity of the business judgment rule in the state – while…more

IP Buzz - July 2014

In this issue: - Using Copyright to Protect Your Brand’s Characters - The Duke Versus The Blue Devils: Who Has Trademark Rights to "Duke" Alcohol? - The USPTO Issues Guidelines for Subject Matter Eligibility…more

CRS Report Takes Negative View on Bonus Depreciation

The Congressional Research Service (CRS) has issued a report analyzing the economic effects of bonus depreciation. CRS has very little to say that is positive about bonus depreciation. CRS views it as neither an effective economic…more

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Ober|Kaler is a national law firm providing integrated regulatory, transactional and litigation services to financial, health care, construction and other business organizations. Ober|Kaler is a…

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