Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope by Ropes & Gray LLP on 5/23/2012 On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more
Financial Review Team Appointed Under The Emergency Financial Manager Act Is Not A “Public Body” As Defined In The Open Meeting... by Warner Norcross & Judd - Appellate Practice... on 5/23/2012 When the State Treasurer finds a municipality to be in “probable financial stress” the Michigan’s Emergency Financial Manager Act requires the Governor to appoint a financial review team for that municipality. Under the Act,...more
Two Medical Conditions Can Equal One FMLA Serious Health Condition by Franczek Radelet P.C. on 5/23/2012 Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As reported by my...more
Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure by Reed Smith on 5/23/2012 In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the state of Delaware, to proceed with a...more
Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims by Morrison & Foerster LLP on 5/22/2012 Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more
Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are... by Patterson Belknap Webb & Tyler LLP on 5/22/2012 The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more
G2 Compliance Report -- Keeping the Whistle Away From the Whistleblower: The Laboratory Compliance Officer’s Role in Qui Tam... by Mintz Levin - Life Sciences on 5/21/2012 Do you, as a laboratory compliance officer, want to spare your employer the disruption, expense, and burden of a government enforcement action? The answer, of course, is “yes.” The most effective and efficient way of doing so...more
Violence Against Women Act Reauthorized By The U.S. Senate by Collins & Collins, P.C. on 5/21/2012 On April 26, 2012 the U.S. Senate voted 68-31 to reauthorize the Violence Against Women Act (VAWA) for an additional 5 years, despite efforts by opponents to pass a more narrow version of the Act. The Senate version contains...more
Spam, spam, wonderful spam by Jessica John Bowman by McAfee & Taft on 5/18/2012 Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more
Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative... by Cadwalader, Wickersham & Taft LLP on 5/18/2012 Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in...more
Federal Circuit Addresses Recapture Rule in Patent Reissue Proceedings by K&L Gates LLP on 5/18/2012 In its May 8 opinion In re Youman, the U.S. Court of Appeals for the Federal Circuit bolstered the utility of reissue proceedings as a means to broaden the scope of claims of issued U.S. patents. The Federal Circuit adopted a...more
The New NRLB Rules: What is the Current Status? by Davis, Brown, Koehn, Shors & Roberts, P.C. on 5/18/2012 On May 15, 2012, the Federal District Court in Washington, D.C. enjoined effect of the new NLRB election rules, noting in the opinion that the the National Labor Relations Board did not have a legal quorum voting when the...more
Auto Finance May Be DOJ’s Next Focus in SCRA Enforcement by Ballard Spahr LLP on 5/17/2012 The Department of Justice’s recent announcement that two towing companies have settled an action alleging violations of the Servicemembers Civil Relief Act (SCRA) may portend further SCRA enforcement actions by the DOJ in the...more
Significant Changes to California's Mechanics Lien Law Coming July 1, 2012 by Pillsbury Winthrop Shaw Pittman LLP on 5/17/2012 Effective July 1, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes. In September 2010, Governor Edmund G. Brown, Jr....more
Federal Court Invalidates NLRB’s ‘Ambush Election’ Rule by Ballard Spahr LLP on 5/17/2012 Finding that no quorum existed to allow the National Labor Relations Board to take administrative action, a federal judge in Washington, D.C., has struck down the NLRB’s attempt to change the way it handled elections in the...more