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The Shale Play Today - August 2014

In This Issue: - A Look Ahead - What's Next for 2014: With 125 days left in 2014, we find ourselves looking at What's Next for the oil & gas industry in the Marcellus and Utica Shale Plays. It has been an...more

ITC Section 337 Update – August 29, 2014

Northern District Court Of Illinois Contemplates Holding Asserted Patent Unenforceable Based On Breach Of FRAND Commitment – On July 23, 2014, Judge James Holderman issued an Order to Show Cause and Jury Verdict in...more

LinkedIn Pays Nearly $6 Million After US Labor Department Investigation

After being investigated by the US Labor Department for violations of the Fair Labor Standards Act, LinkedIn has been forced to pay out nearly $6 million in damages and unpaid overtime to 359 employees....more

Uber, Lyft Stop The Childish Shenanigans – Go Sit In Time Out And Reflect On Your Code Of Ethics Training

I initially planned to start this blog with a gung-ho confession and killer title – “Uber: Master Strategizer Or Master Espionage Artist?! Code Of Ethics Training Needed To Save The Day!” Super exciting, right? It just has an...more

The Return of BE-13, Survey of New Foreign Direct Investment in the United States

Effective September 15, 2014, the Bureau of Economic Analysis (BEA) at the U.S. Department of Commerce is reinstating the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States,...more

New Burdensome Federal Contracting Requirements

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which—for the first time—requires large federal contractors to disclose prior labor law violations, designate a Labor Compliance...more

Are You Properly Reimbursing Your Employees?

When an employee drives to a client’s office to close the sale, employers know they must reimburse the employee for that mileage. When an employee flies to a work-related convention to work a booth, employers know they...more

Tennessee Court Of Appeals Issues New Guidance On Trade Secret Issues

On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition...more

Claim Scope Based on Claim Construction Submitted in IDS

Golden Bridge Tech., Inc. v. Apple Inc. - Addressing the doctrine of prosecution disclaimer, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of non-infringement, finding...more

Conclusory Declaration Testimony Again Leads to Unsuccessful IPR Petition

Some of the best inter partes review lessons can be learned from decisions denying institution of an inter partes review trial. Among the chief grounds for denying petitions, failure to provide competent expert testimony in...more

Despite FAQs and OCC Interim Examination Procedures, Little Illumination So Far for Volcker Rule Compliance

June 2014 saw the publication of some interagency FAQs on the Volcker Rule (the Rule) and interim procedures from the Office of the Comptroller of the Currency (OCC) for its examiners to use in assessing progress by national...more

Board Oversight of Cybersecurity

Cyber-attacks on U.S. companies have increased over recent years resulting in significant costs to companies. According to surveys, U.S. companies have experienced a 42% increase between 2011 and 2012 in the number of...more

Survey Shows Cybersecurity Danger Worse than Most Retailers Think

There's a huge gap between retailers' perceptions and reality when it comes to cyberattacks and preventing data breaches, according to a new study from Dimensional Research and Tripwire. When asked how quickly their...more

FinCEN Permanently Bars Casino Official Over BSA Violations

On August 20, FinCEN announced an action against a casino employee who admitted to violating the Bank Secrecy Act by willfully causing the casino to fail to file certain reports. ...more

NY Joins Texas In The Broad Use Of Appraisal

Virtually all property insurance policies include an appraisal provision to resolve disputes over the “amount of loss” for a covered claim. Historically, the phrase “amount of loss” was interpreted to limit appraisal to those...more

Omnicare: The Other Securities Case to be Worried About

In the securities law arena, all eyes are currently focused on the Halliburton case, and whether the U.S. Supreme Court will scrap or modify the “fraud on the market” presumption for reliance in connection with claims brought...more

Characterization as “Essential Element” Amounts to a Disavowal of Scope

X2Y Attenuators, LLC v. International Trade Commission - Addressing the impact of an alleged disclaimer made in a patent on which asserted patents relied for priority, the U.S. Court of Appeals for the Federal Circuit...more

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014: On remand from the U.S. Supreme Court, which held that doctrine of laches could not bar plaintiff's copyright infringement claims involving...more

Another Real Lulu: Anatomy of an Affidavit

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we...more

The Battle to Keep the "Mister Softee" Brand from Melting Away

The sight of a Mister Softee ice cream truck is a reminder that summer is here, and its jingle draws children to run and grab a cone to enjoy. Mister Softee trucks are sprinkled around 15 states, with over 600 trucks operated...more

UK: Government publishes gambling duty registration information

The Government has published The General Betting, Pool Betting and Remote Gaming Duties (Registration, Records and Agents) Regulations 2014....more

Global HR Hot Topic—August 2014: How to Launch an International HR Policy, Code of Conduct or Benefits Plan

In this era of internationally aligned business operations, multinationals roll out cross-border human resources policies, global codes of conduct and international benefits offerings. But launching these cross-border...more

Indiana Supreme Court Answers Issue of First Impression on Attorney Fees Under Medical Malpractice Act

Today's discussion examines a case of first impression in the Indiana Supreme Court that reversed the court of appeals decision. The court addressed whether a statutory cap on attorney fee recovery from a client in medical...more

CFPB Answers FAQ on the TILA-RESPA Integrated Disclosures Rule

On August 26, 2014, the CFPB staff and Federal Reserve Board co-hosted a webinar and addressed questions about the final TILA-RESPA Integrated Disclosures Rule that will be effective for applications received by creditors or...more

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more

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