Expert Insight, Commentary, and Intelligence On...
On May 29, 2013, the U.S. Department of Labor, the U.S. Department of the Treasury, and the U.S. Department for Health and Human Services finalized rules regarding wellness programs offered in conjunction with group health plans. These…more
Today, the IRS released anxiously awaited proposed regulations defining qualifying income for publicly traded partnerships, usually referred to as “master limited partnerships” (MLPs)…more
The headlines are full of data breach attacks — millions of credit card numbers stolen, healthcare information hacked — all of it feeding the thriving cyber-crime economy. More often than not, the bad actors lurk outside the borders of…more
Employer-sponsored “wellness programs” have become very popular, and are touted for the potential benefits to employees and employers alike: reduced absenteeism, lowered health care costs, reduced injuries, improved morale and…more
Inconsistent Access to Federal Appellate Arguments. Public access to appellate proceedings has been a hot topic recently, with many in the news media and the general public clamoring for the U.S. Supreme Court to allow video recording…more
Before I traveled extensively for work, I ignored the pre-flight intercom banter of promotions for those flying as part of the airline’s frequent flyer program…more
As we wrote about earlier this month, on April 1, 2015, the U.S. Court of Appeals for the Tenth Circuit (“Tenth Circuit”) temporarily stayed the effective date of “the enforcement and effect” of the CPSC’s safety standard for certain…more
PTO Revival Rulings Are Not Subject to Collateral Attacks by Third Parties - Exela Pharma Sciences, LLC v. Lee
Addressing whether third parties have the right to challenge a patent revival ruling by the U.S. Patent and Trademark Office (PTO) under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Federal Circuit held…more
I love quotes about goals. Here is one that I put onto a magnet and gave away to lawyers I coached. When you set goals, I urge you to do a lot of self reflection. What do I mean by that? Ask…more
After nearly four years of litigation, Hulu has prevailed against claims that it unlawfully disclosed its users’ video viewing selections and personal identification information to Facebook and other online networks. In In Re Hulu…more
Mach Mining, LLC v. EEOC: Supreme Court Holds EEOC Conciliation Efforts are Subject to Limited Judicial Review
In a unanimous decision, the Supreme Court said that conciliation efforts by the Equal Employment Opportunity Commission are subject to limited judicial review. Justice Kagan authored the decision in Mach Mining, LLC v. EEOC, which…more
No Interlocutory Review of Pre-Institution Stay Motion’s in CBM Proceedings - Intellectual Ventures II LLC v. JPMorgan Chase & Co., et al.
Upon consideration of an issue of first impression, the U.S. Court of Appeals for the Federal Circuit addressed its limited jurisdiction to hear an interlocutory appeal on a motion to stay a district court proceeding under § 18 of the…more