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The Latest in The §101 Saga: Sequenom Petitions the Federal Circuit to Reconsider

The Federal Circuit's Ariosa v. Sequenom decision issued earlier this summer marked the apex of the current trend to limit the scope of patent eligible inventions; the trend which is particularly troubling in the case of...more

Court Construes Claims Directed to Microsurgery Methods and Equipment

Sarif Biomedical LLC v. Brainlab, Inc., et al., C.A. No. 13-846-LPS, August 26, 2015. Stark, C.J. Claim construction opinion. The following terms of U.S. patent No. 5,755,275 were construed...more

Renaissance School to Pay $69,000 to Settle EEOC Age and Sex Bias Suit

Federal Agency Alleged School Fired Employee Because It Considered Him Too Old and Preferred Females for the Job - MILWAUKEE -The U.S. Equal Employment Opportunity Commission (EEOC) announced today that U.S. District...more

Employee or Independent Contractor: The DOL Weighs in on Worker

With the prevalence of companies providing ‘‘on demand’’ services today, the temptation to classify workers as independent contractors rather than employees has perhaps never been greater, attorneys Keith Covington and John...more

How to Protect Your Deceased Loved Ones From Identity Theft

We've all been warned about protecting ourselves from identity theft, but one group of victims can't take action to protect themselves—the dead. Identity thieves steal the identities of more than 2 million deceased Americans...more

Delays Between I-765/I-485 Approvals and EAD Receipts due to Facility Maintenance

Delays have been reported between the approval of a client’s I-765 or I-485 and the client’s receipt of the employment authorization document (EAD) or lawful permanent resident card. USCIS confirmed that the card production...more

Stewart’s legacy: Finding a way to stand out

Jon Stewart will sign off from “The Daily Show” for the last time tomorrow. His 16-year rise to prominence — on what some still call a “fake news show” — provides some lessons worthy of more than a few “Moments of Zen” for...more

Important Tax Provisions of Extended Highway Trust Fund Act

The “Surface Transportation and Veterans Health Care Choice Improvement Act of 2015? (P.L. 114-41, “the Act”) became law on July 31, 2015. Designed as a 3-month extension of the Highway Trust Fund and related measures, the...more

EPA Says “Stop” – Don’t Dump Those Drugs Down the Drain

The U.S. Environmental Protection Agency this week released a pre-publication copy of a proposed rule on pharmaceutical hazardous wastes in healthcare and related industries that will significantly affect our healthcare...more

Oficina De La EEOC Del Distrito De Miami Y El Consulado General De México Firman Acuerdo De Divulgación Histórico

Memorándo de Entendimiento Proveerá a Ciudadanos Mexicanos con Información de Empleo y Orientación - MIAMI-- La Oficina del Distrito de Miami de la Comisión Para la Igualdad de Oportunidades en el Empleo (EEOC) firmó un...more

HUD Reverses Course (Again) on Non-Borrowing Spouses

The Department of Housing and Urban Development (HUD) continues to grapple with how mortgagees and servicers of Home Equity Conversion Mortgages (HECMs), commonly known as reverse mortgages, should proceed where a spouse that...more

NLRB General Counsel Gives Unions an Early Labor Day Present: Electronic Based Union Organizing Standard Impacting all Employers

On September 1, 2015, the National Labor Relations Board General Counsel issued a memo to all NLRB filed employees instructing them to accept e-mail exchanges and various “internet/intranet sign-up methods” to support a union...more

DOL Facing Backlash over Proposed Increase in Overtime Pay

Friday, September 4 is the final day to provide comments on the legislation. As the end of 60 day period for public comment on the proposed revisions to the U.S. Department of Labor's ("DOL") overtime rule approaches,...more

EPA Proposes New Standards for Hazardous Waste Pharmaceuticals

The Environmental Protection Agency (EPA) released its proposed Management Standards for Hazardous Waste Pharmaceuticals Rule. If finalized, it will create an entirely new subpart in the Resource Conservation and Recovery Act...more

Office for Civil Rights Selects Vendor for Next Round of HIPAA Audits – Five Things You Should Do to Prepare

The Office for Civil Rights (“OCR”) has selected Ashburn, Virginia-based FCi Federal to conduct the next round of HIPAA audits mandated by the HITECH Act. OCR views the audits as a compliance tool that will hopefully get out...more

Belgium’s Nanomaterials Register Now Available

This week, Belgium’s Federal Public Service for Health, Food Chain Safety and Environment created an online portal for companies to register nanomaterials they put on the market. Nanosubstances must be registered before...more

Court Compels Production Of Core Technical Documents But Declines To Correct Claims In The Patents

Fallon, M. J. Plaintiff’s motion to compel documents is granted in part and denied in part. Its motion to correct and amend its motion to compel is denied as moot. Its motion to amend its complaint is denied as moot. Its...more

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

AAA Revises Construction Arbitration Rules

The American Arbitration Association (“AAA”) revised its Construction Industry Arbitration Rules and Mediation Procedures (“Rules”) as of July 1, 2015. Many of the changes are designed to streamline the arbitration process,...more

Case Is Partially Stayed While Motion To Dismiss Is Decided

International Business Machines Corporation v. The Priceline Group Inc., et al., C.A. No. 15-137-LPS-CJB, August 18, 2015. Burke, M. J. Defendants’ motion to stay pending resolution of defendants’ motion to dismiss...more

IRS Issues Guidance on Participant Voting Requirement for Benefit Suspensions under MPRA

Earlier this week, the Internal Revenue Service (IRS) issued proposed and temporary regulations (collectively, the Guidance) under the Multiemployer Pension Reform Act of 2014 (MPRA). As discussed in an earlier WorkCite...more

Asserted Claims In ANDA Case Are Invalid Due To Obviousness

This ANDA case concerns generic versions of bortezomib, marketed as Velcade® and used to treat multiple myeloma and mantle cell lymphoma. One prior art patent identifies bortezomib as a potent anti-cancer drug. The parties...more

Unauthorized Transfers Present Growing Risks for Commercial Accounts

Could your institution be at risk of liability for unauthorized wire transfers and Automated Clearing House (“ACH”) credit transfers? Data security breaches continue to garner headlines, and criminals continue to engage in...more

SEC Provides Guidance on Activities That Constitute "General Solicitation" for Private Placements on Electronic Platforms

The U.S. Securities and Exchange Commission (the “SEC”) on August 6, 2015, issued a no-action letter to Citizen VC, Inc. (the “Citizen Letter”) and new compliance and disclosure interpretations (“C&DIs”), providing...more

Real estate in Paris - Pre-emption right empowers the city

IMMOBILIER A PARIS: L’arsenal renforcé de la commune pour préempter - Dans un contexte où le mécanisme d’encadrement des loyers des logements instauré par la loi ALUR devrait, selon le communiqué de presse du cabinet de...more

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