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Employment Law Commentary - Volume 27, Issue 2: Where There’s Smoke, Should There Be Fire? An Analysis Of Employer Termination Rights For Employee Off-Duty Marijuana Use

With the recent increase in the number of states that have “legalized” or decriminalized some form of marijuana use, more and more employers have asked themselves whether it continues to be permissible to terminate employees who use…more

Significant New Jersey Tax Cases in 2014

Several significant tax cases have been decided in New Jersey in 2014. Perhaps even more notably, nearly all of them have been decided in favor of the taxpayer. The decisions address a broad spectrum of issues, including the imposition…more

SEC’s Risk Alert Offers Observations on Cybersecurity

Why it matters - Joining a growing chorus of regulators, the Securities and Exchange Commission (SEC) released two publications addressing cybersecurity: a Risk Alert based on observations from the Office of Compliance Inspections…more

The FCA and the Ever-Narrowing Public Disclosure Bar

On February 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act’s (FCA) public disclosure bar in its decision in United States ex rel. Whipple v. Chattanooga-Hamilton…more

A Closer Look at the White House’s Precision Medicine Initiative

On January 20, 2015, as part of his State of the Union address, President Obama announced the upcoming launch of the White House’s Precision Medicine Initiative (Initiative). The Initiative seeks to allocate $215 million in 2016 toward…more

California’s New Energy Efficiency Challenge

California Governor Jerry Brown, sworn in for an unprecedented fourth term, recently revealed an ambitious new plan to address the impacts of climate change over the next 15 years. The Governor’s bold initiatives include a plan to…more

Federal Circuit Clarifies Requirements for Use in Commerce of Service Trademarks

On Monday, the Federal Circuit issued its decision in Couture v. Playdom, clarifying that use in commerce for a service mark requires that the services be rendered before a registration can be granted. To obtain a federal trademark…more

Certain Goods and Services Now Eligible for Importation into the United States from Cuba

The U.S. Department of State published its Section 515.582 List that outlines which goods and services produced by independent Cuban entrepreneurs are eligible for importation into the United States…more

Unauthorized Use of Patented Grape Plants Not an Invalidating Public Use - Delano Farms Co. v. California Table Grape Comm’n

Addressing the issue of public use under 35 U.S.C. § 102(b) in the context of an unauthorized use open to the public, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s finding that the actions of third…more

California Supreme Court Decides Significant Impact Alone Not Sufficient to Deny Use of Categorical Exemption (Berkeley Hillside Preservation v. City of Berkeley)

In a landmark California Environmental Quality Act (CEQA) case decided yesterday, the California Supreme Court provided guidance on the use of categorical exemptions in Berkeley Hillside Preservation v. City of Berkeley (S20116). This…more

Blog: Process Counts – Board Considerations When Contemplating a Sale

Whether you are a founder or venture investor sitting on the board of a portfolio company, you have fiduciary duties to think about when making board-level decisions. These decisions often come under increased judicial scrutiny in the…more

Electronic Discovery: Beware of Employees Using Personal Email Accounts for Company Business

On March 3, 2015, the front page of the New York Times detailed allegations about an employee who failed to ever obtain a work-issued email account, instead utilizing a personal account solely to conduct all business activity…more

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