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Supreme Court Update: Alabama Legislative Black Caucus v. Alabama (13-895), Young v. United Parcel Service, Inc. (12-1226) And...

We're back with summaries of the two remaining decisions from last week, Alabama Legislative Black Caucus v. Alabama (13-895), on racial gerrymandering in Alabama, and Young v. United Parcel Service, Inc. (12-1226),...more

FMLA Same-Sex Spouse Rule: Enjoined

The new DOL same-sex rule that took effect this week under the Family and Medical Leave Act has been temporarily halted from enforcement. On March 26, the United States District Court in Dallas issued a preliminary...more

Breaking News - Reinforcement For Buckman

We’ve been watching for Armstrong v. Exceptional Child Center, Inc., ___ U.S. ___, 2015 WL 14194231 (U.S. Mar. 31, 2015), ever since we spotted an intriguing footnote mentioning the certiorari grant in Ouellette v. Mills, ___...more

Medicaid Decision Makes Strange Bedfellows

The Idaho Medicaid program scored a victory in the United States Supreme Court today, and did it by persuading normally liberal Justice Breyer to enter the conservative tent reliably inhabited by Justices Scalia, Thomas,...more

Dismissal of a Related Suit with Prejudice Can Negate Petitioner’s Grounds for Standing - Global Tel*Link Corp. v. Securus...

Addressing the issue of standing, the Patent Trial and Appeal Board (PTAB or Board) denied institution of a covered business method (CBM) patent review, finding that the petitioner failed to show sufficient proof...more

Manatt on Health Reform: Weekly Highlights - March 2015 #5

This week, Medicaid expansion gains traction in Montana, California submits its waiver application to renew DSRIP and to propose several new delivery system transformation and alignment initiatives, and the Supreme Court...more

Federal Judge Blocks Department of Labor Rule Expanding FMLA to Same-Sex Couples

On Thursday, March 26, a federal district court in the Northern District of Texas granted an injunction blocking the U.S. Department of Labor (DOL) from enacting a new rule under the Family and Medical Leave Act (FMLA) that...more

Recent Case Reminds Schools of First Amendment and Title VII Responsibilities in Employment Context

Recently, the Northern District of Illinois issued its opinion in Wong v. Board of Education of Community Consolidated School District 15. Although the court’s decision does not address novel arguments or depart from prior...more

Court of Appeal Strikes Down 2011 S.F. Charter Requirement that SFERS Be "Fully Funded" Before Vested Supplemental COLAs May be...

In a March 27, 2015 opinion, the First District Court of Appeal unanimously declared a voter-approved amendment to the Charter of the City and County of San Francisco (City) to be unconstitutional as applied to current City...more

Mexico’s Energy Revolution Series: Mexico's Oil and Gas Exploration and Production

In This Issue: - Introduction - A Monumental Constitutional Amendment - Understanding the New Risk Contracts - Navigating the Regulatory Environment - Investment...more

Your Business in the Age of Identity Theft and Individual Causes of Action

When your personal data is the subject of a hack attack, what are your rights? The US Supreme Court is considering this very issue in a case before it. On the block is the issue of whether an individual, who may not have...more

Transgender Native American Prisoner Denied Access to Sweat Lodge and Unsatisfied with the Alternative Sues under RLUIPA: More on...

Corrections Corporation of America (Dist. Idaho 2015) because the decision reflects a recent trend in RLUIPA cases: close judicial scrutiny as to whether a compelling government interest is furthered by “the least restrictive...more

USPTO Announces Significant Reforms in Three Rounds of AIA Rule Changes—Round One: Increased Page Limits for Motions to Amend and...

On March 27, 2015, the U.S. Patent and Trademark Office (USPTO) announced the first of three upcoming "rule packages" that will clarify and modify rules for proceedings under the America Invents Act (AIA). In a blog post on...more

D.C. Federal District Court Dismisses Lawsuit Seeking to Block $13 Billion DOJ Settlement

On March 18, the U.S. District Court for the District of Columbia dismissed a lawsuit brought by a non-profit organization challenging the $13 billion global settlement agreement entered by the U.S. Department of Justice...more

Substantial, Systematic, And Continuous Contacts Do Not Establish General Jurisdiction

California courts may exercise personal jurisdiction over nonresidents “on any basis not inconsistent with the Constitution of this state or of the United States”. Code Civ. Proc. § 410.10. Seventy years ago, Chief Justice...more

John Young, Jr. and Neal Griffin Help Desloge, Missouri, Win Court of Appeals Case Against KKK

Stinson Leonard Street LLP attorneys John Young, Jr. and Neal Griffin recently scored a win for a Missouri city in a high-profile case at the U.S. Court of Appeals for the Eighth Circuit. Young and Griffin represented...more

Blog: CFSI posts “Five Practical Steps to Support SEC Conflict Minerals Disclosure”

The Conflict-Free Sourcing Initiative has posted an updated 2015 version of its practical guidance white paper on conflict minerals specifically for downstream companies, called “Five Practical Steps to Support SEC Conflict...more

Two Rights of Publicity Decisions Explore the Boundaries of Commercial Speech in Commemorating Public Figures

Two recent rights of publicity cases illustrated the parameters of using a public figure’s name, likeness, identity or image for commercial purposes, without consent for commemorative purposes. But when does commemoration...more

Illinois Supreme Court Declines to Apply Environmental Injunction Retroactively

In July 2004, the Illinois legislature amended the state Environmental Protection Act to authorize the Attorney General to seek “an injunction, prohibitory or mandatory, to restrain violations . . . or to require such other...more

New Article Explores RLUIPA’s “Safe Harbor” Provision

Evan recently wrote the article “Finding Salvation in Religious Law’s Safe Harbor; Municipal Governments Can Take Steps to Mitigate RLUIPA Claims,” published in the March 23, 2015 edition of the Connecticut Law Tribune. ...more

District Court Refuses To Halt SEC Administrative Proceedings

While serving as General Counsel to California’s Business, Transportation & Housing Agency, I was from time to time asked to respond to ersatz summons and other documents issued by “Our One Supreme Court”. Given that these...more

BREAKING: FMLA “Spousal” Rule On Hold For Now

The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after...more

Tennessee Poised to Prohibit Employers From Disciplining Employees With Firearms in Vehicles

On March 23, 2015, the Tennessee General Assembly voted overwhelmingly to end confusion surrounding Tennessee’s “Guns in Trunks” law. Tennessee has historically allowed property owners to prohibit firearms anywhere on their...more

US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may...more

Supreme Court Update: Omnicare, Inc. V. Laborers Industry Pension Fund (13-435), B&B Hardware V. Hargis Industries (13-352) And...

The Court began its March sitting this week (just in time for April), and issued decisions and two new cert grants. In this Update, we'll discuss Omnicare, Inc. v. Laborers Industry Pension Fund (13-435), on issuer liability...more

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