Expert Insight, Commentary, and Intelligence On...

Latest Updates

Wellness Programs and the EEOC, Part One

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

IRS Releases Proposed New Rules for MLP Qualifying Income

Today, the IRS released anxiously awaited proposed regulations defining qualifying income for publicly traded partnerships, usually referred to as “master limited partnerships” (MLPs)…more

Tinker, Tailor, Who’s the Spy? How to Safeguard Your Company From the Insider Hack

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

EEOC Weighs in on Employer Wellness Programs

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

April 2015: Appellate Practice Update

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

Build Fierce Loyalty with your “Frequent Flyers”

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

Tenth Circuit Lifts Stay on CPSC’s Magnets Rule

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

Setting Goals: The Who, What, When, Where, Why and How Questions

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

Court Applies Video Privacy Protection Act to the Internet Streaming Era; Declares Hulu the Victor

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

Reporters on Deadline
Contributor Spotlight

You are no doubt asking yourself (and rightly so) what a private surgeon general class action is. We’ve all heard about surgeon general warnings on tobacco and alcohol products. But now…

[ About | Legal Updates ]