Armstrong Teasdale LLP

Practical Considerations When Enforcing Judgments

This article addresses practical considerations involved in the enforcement of judgments and identifies common traps that could land lawyers and their clients in hot water. We begin with pre-suit considerations for evaluating a…more

Debt Collection, FDCPA, Federal Rules of Civil Procedure, Judgment Creditors

See All Updates »

Patent Term Adjustment Update - Novartis v. Lee

A recent ruling by the Federal Circuit in Novartis AG v. Lee resolved the issues raised in the Exelixis I, Exelixis II and Novartis decisions regarding the effect of a Request for Continued Examination (RCE) on patent term…more

Novartis, Patent Term Adjustment, Patent Terms, Patents, Request for Continued Examination

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Possible Tax Refund for Kansas Residents

If you work in Kansas City, Missouri and live in Kansas, recent tax developments may give you a basis for a refund. Although Kansas provides residents a tax credit for taxes paid to the State of Missouri, it had not…more

Comptroller of the Treasury v Wynne, Earnings Tax, Income Taxes, Municipalities, SCOTUS

See All Updates »

Missouri Supreme Court Lowers Burden of Proof For Workers’ Compensation Retaliation Claims

The Missouri Supreme Court has issued a decision that significantly lowers the burden of proof for employee claims of workers’ compensation retaliation under the law. Under the new standard announced in Templemire v. W&M…more

Adverse Employment Action, Burden of Proof, Employer Liability Issues, Hiring & Firing, Retaliation

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Sexual Misconduct Investigations in Higher Ed Facing Scrutiny by Courts for Gender Bias

The U.S. Court of Appeals for the Second Circuit, in Doe v. Columbia University, recently handed down a significant decision regarding potential claims of parties accused of sexual assault or other offenses under university…more

Bias, Colleges, Educational Institutions, Gender-Based Violence, Sexual Assault

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Increased Government Scrutiny of Ads on Social Media Expected in 2016

Recent statements and actions by the Federal Trade Commission, the Food and Drug Administration and the Consumer Financial Protection Bureau forewarn of additional regulatory enforcement of advertisements on social…more

CFPB, Disclosure Requirements, Fake Reviews, FDA, FTC

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Slack-fill Litigation on the Rise

The recent filing of a proposed class action targeting Mondelez International, Inc. for the amount of empty space in its Sour Patch Watermelon candy boxes is the latest lawsuit targeting consumer goods manufacturers for…more

Class Action, Common Law Torts, Corporate Counsel, False Advertising, FDCA

See All Updates »

Chinese Labor Law in Reform: New Restrictions on Dispatched Worker Model

Multinational companies’ Chinese subsidiaries, known as foreign invested entities or “FIEs,” have two basic options when hiring employees. They can either hire them directly (“Employment Model”), or they can “lease” them from…more

China, Compliance, Foreign Investment, International Labor Laws, Multinationals

See All Updates »

SEC Clarifies Conflict Minerals Reporting Requirements

The Securities and Exchange Commission confirmed this week that it expects companies to timely file reports required under the conflict minerals rule and to comply with other provisions unaffected by a recent appellate decision…more

Compliance, Conflict Mineral Rules, Reporting Requirements, SEC

See All Updates »

DOL Announces that Most American Workers Should Properly be Classified as Employees under the FLSA

U.S. Department of Labor ("DOL") recently issued an Administrator Interpretation Memorandum announcing its position that most American workers are employees (as opposed to independent contractors), and thus are covered by the…more

DOL, Economic Realities Test, FLSA, Independent Contractors, Misclassification

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U.S. Supreme Court Holds in Copyright Infringement Case that Laches Defense Cannot Alter Rolling Statute of Limitations for Copyright Infringement Enacted by Congress

The U.S. Supreme Court on Monday revived several copyright claims by the daughter of Frank Petrella, author of the screen play for the well-known film “Raging Bull.” In Petrella v. Metro-Goldwyn-Mayer, Inc., the Court ruled…more

Copyright, Copyright Infringement, Laches, Petrella v. MGM, SCOTUS

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Possible Tax Refund for Kansas Residents

If you work in Kansas City, Missouri and live in Kansas, recent tax developments may give you a basis for a refund. Although Kansas provides residents a tax credit for taxes paid to the State of Missouri, it had not…more

Comptroller of the Treasury v Wynne, Earnings Tax, Income Taxes, Municipalities, SCOTUS

See All Updates »

Receiverships: Resolving Disputes with Management of a Small Business

As a creditor or co-owner of a failing and mismanaged business, you are probably watching your investment or secured collateral disappear. What can you do to preserve value in your investment? Receiverships are powerful…more

Co-Ownership, Creditors, Receivership, Small Business

See All Updates »

Changes to Missouri Statutes Affect Foreclosure, Uniform Commercial Code, Credit Agreements

Three notable pieces of Missouri legislation will become effective August 28, 2013, nullifying foreclosure mediation initiatives in St. Louis City and County, modifying certain provisions of the Missouri Uniform Commercial Code,…more

Foreclosure, Mediation, Mortgages

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The False Claims Act: Do You Really Have Just 60 Days to Repay?

One of your employees informs you of a potential overpayment from Medicare. Do you really only have 60 days from that point to determine if it is indeed an overpayment and repay it? The Patient Protection and Affordable…more

Affordable Care Act, CMS, False Claims Act (FCA), Hospitals, Medicare

See All Updates »

New Visa Rule Proposed for International Entrepreneurs

The Secretary of the Department of Homeland Security recently signed a proposed rule that would allow certain international entrepreneurs to temporarily enter the U.S. to start their businesses. The U.S. Citizenship and…more

Business Formation, Entrepreneurs, Immigrants, Immigration Reform, Investment

See All Updates »

Chinese Labor Law in Reform: New Restrictions on Dispatched Worker Model

Multinational companies’ Chinese subsidiaries, known as foreign invested entities or “FIEs,” have two basic options when hiring employees. They can either hire them directly (“Employment Model”), or they can “lease” them from…more

China, Compliance, Foreign Investment, International Labor Laws, Multinationals

See All Updates »

NLRB Declares Student Assistants Can Unionize

The National Labor Relations Board today opened the door for further unionization efforts at institutions of higher education by finding that student assistants are employees and therefore eligible for union organizing. Its…more

Graduate Students, NLRB, Scientific Research, Students, Unions

See All Updates »

Employers Should Give Immediate Attention to the New Federal Trade Secrets Act

Less than five weeks after federal trade secret legislation cleared the Senate, the Defend Trade Secrets Act (DTSA) has been signed into law by President Obama, effective today. The new law will have immediate effects on…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

See All Updates »

Federal Tax Treatment of Married Same-Sex Couples

On August 29, 2013, the Internal Revenue Service ruled that married same-sex couples will be treated the same as married heterosexual couples for all federal tax purposes, including income and gift and estate taxes. Revenue…more

DOMA, Earned Income Tax, Employee Benefits, IRA, IRS

See All Updates »

Employers Should Give Immediate Attention to the New Federal Trade Secrets Act

Less than five weeks after federal trade secret legislation cleared the Senate, the Defend Trade Secrets Act (DTSA) has been signed into law by President Obama, effective today. The new law will have immediate effects on…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

See All Updates »

High Court Nixes “Amorphous” Federal Circuit Indefiniteness Standard

The U.S. Supreme Court yesterday reversed long-standing Federal Circuit precedent, replacing the test used to determine whether a patent is indefinite with a new reasonable certainty standard (NAUTILUS, INC. v. BIOSIG…more

Amazon, Google, Indefiniteness, License Agreements, Nautilus Inc. v. Biosig Instruments

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FCC’s Order Clarifies Scope of Telephone Consumer Protection Act

The Federal Communications Commission recently issued the latest in a series of orders providing details about the scope of the Telephone Consumer Protection Act (“TCPA”).1 The order is relevant to any companies that use…more

Declaratory Rulings, Exemptions, FCC, TCPA, Text Messages

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Client Alert: Supreme Court Holds Plaintiffs Must Allege "Concrete" Injury to Bring a Claim

"No injury" class actions based on technical statutory violations appear to have taken a significant blow today with the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins. The high court held that plaintiffs who allege…more

Article III, Background Checks, Class Action, Employee Liability Information, FCRA

See All Updates »

Supreme Court Issues Long-Awaited Key Decision on False Claims Act

The U.S. Supreme Court (SCOTUS) issued a decision today in a case that has important implications for healthcare providers and other organizations that bill the U.S. government for goods or services. (Universal Health Services,…more

Conditions of Payment, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Implied Certification

See All Updates »

Practical Considerations When Enforcing Judgments

This article addresses practical considerations involved in the enforcement of judgments and identifies common traps that could land lawyers and their clients in hot water. We begin with pre-suit considerations for evaluating a…more

Debt Collection, FDCPA, Federal Rules of Civil Procedure, Judgment Creditors

See All Updates »

Missouri Law Expands to Include Sponsored Captive Insurance Companies

With Governor Nixon’s signature on May 16, 2013, the state of Missouri has adopted legislation modifying its captive insurance law. The legislation, Senate Bill 287, will allow the formation of sponsored captive insurance…more

Captive Insurance Company, New Legislation

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New Rules on Missouri Lawyers Trust Accounts

Effective July 1, 2013, the Missouri Supreme Court is amending the Missouri Rules of Professional Conduct that regulate lawyers’ handling of client and third party property, including trust accounts. The regulations currently…more

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Supreme Court Silent on General Eligibility of Software Patents; Weakens Computer System and Media Claims

Yesterday, the U.S. Supreme Court upheld previous decisions finding that certain business method patents are not capable of patent protection under 35 U.S.C. § 101 because they are unpatentable “abstract ideas.” ALICE…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Final FMLA Military Leave Regulations Issued

The Department of Labor (DOL) recently issued final regulations addressing an amendment to the Family and Medical Leave Act (FMLA) that requires employers covered by the FMLA to provide certain types of military-related leave…more

DOL, FMLA, Military Caregiver Leave, Military Leave, Qualifying Exigency Leave

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Colleges and Universities Targeted in Class Action Lawsuits over Operation of Retirement Plans

Multiple class action lawsuits seeking millions of dollars in damages were filed last week against eight nonprofit universities challenging the administration of their 403(b) retirement plans. The lawsuits, which were all filed…more

403(b) Plans, Benefit Plan Sponsors, Breach of Duty, Class Action, Colleges

See All Updates »

HIPAA Breaches: Size Doesn't Necessarily Matter

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) made headlines this month with a record $5.55 million HIPAA settlement reached with Advocate Health Care System, Illinois’ largest health care system…more

Data Breach, Electronic Medical Records, Health Care Providers, HIPAA, Hospitals

See All Updates »

The USPTO’s New Guidance Simplifies Prosecution by Clarifying Subject-Matter Eligibility of Patents

The U.S. Patent and Trademark Office (PTO) issued new guidance on Dec. 8, 2015 that provides improved clarity to those prosecuting patent applications in the computer-implemented and biochemical arts. Although many questions…more

AMP v Myriad, CLS Bank v Alice Corp, Guidance Update, Mayo v. Prometheus, Patent-Eligible Subject Matter

See All Updates »

Practical Considerations When Enforcing Judgments

This article addresses practical considerations involved in the enforcement of judgments and identifies common traps that could land lawyers and their clients in hot water. We begin with pre-suit considerations for evaluating a…more

Debt Collection, FDCPA, Federal Rules of Civil Procedure, Judgment Creditors

See All Updates »

Courts Impose Breach of Fiduciary Duty Penalties on Officers, Directors

Officers and directors of companies can face substantial financial liability for breaching their fiduciary duties to the companies they manage, regardless of their ability to pay such damages, and sometimes regardless of the…more

Breach of Duty, Compensatory Damages, Executive Compensation, Fiduciary Duty, Non-Profits

See All Updates »

NLRB Declares Student Assistants Can Unionize

The National Labor Relations Board today opened the door for further unionization efforts at institutions of higher education by finding that student assistants are employees and therefore eligible for union organizing. Its…more

Graduate Students, NLRB, Scientific Research, Students, Unions

See All Updates »

Slack-fill Litigation on the Rise

The recent filing of a proposed class action targeting Mondelez International, Inc. for the amount of empty space in its Sour Patch Watermelon candy boxes is the latest lawsuit targeting consumer goods manufacturers for…more

Class Action, Common Law Torts, Corporate Counsel, False Advertising, FDCA

See All Updates »

Decision Clears Path for Companies to Participate in the Privacy Shield

A critical decision today by European Union privacy officials ends the era of uncertainty for the 4,000 plus U.S.-based companies and the thousands of EU-based companies that formerly relied on the U.S.-EU Safe Harbor Framework…more

Article 29 Working Party (WP29), Data Protection Authority, EU, EU Data Protection Laws, EU Directive

See All Updates »

Missouri Supreme Court Allows Unsuccessful Contract Bidders to Sue Public Agencies

A recent Missouri Supreme Court decision changes the landscape of public contracting in the state by allowing unsuccessful contract bidders to sue public agencies for denying them a fair and equal opportunity to compete. The…more

Bid Protests, Competitive Bidding, Construction Industry, MO Supreme Court, Mootness

See All Updates »

A Bad Smoke Break

A recent Missouri case demonstrates the importance of documentation when defending against unwarranted unemployment claims. The case also underlines the need for the reforms passed by the Missouri General Assembly and pending…more

Documentation, Hiring & Firing, Termination, Unemployment, Unemployment Benefits

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High Court Nixes “Amorphous” Federal Circuit Indefiniteness Standard

The U.S. Supreme Court yesterday reversed long-standing Federal Circuit precedent, replacing the test used to determine whether a patent is indefinite with a new reasonable certainty standard (NAUTILUS, INC. v. BIOSIG…more

Amazon, Google, Indefiniteness, License Agreements, Nautilus Inc. v. Biosig Instruments

See All Updates »

NLRB Declares Student Assistants Can Unionize

The National Labor Relations Board today opened the door for further unionization efforts at institutions of higher education by finding that student assistants are employees and therefore eligible for union organizing. Its…more

Graduate Students, NLRB, Scientific Research, Students, Unions

See All Updates »

Patent Term Adjustment Update - Novartis v. Lee

A recent ruling by the Federal Circuit in Novartis AG v. Lee resolved the issues raised in the Exelixis I, Exelixis II and Novartis decisions regarding the effect of a Request for Continued Examination (RCE) on patent term…more

Novartis, Patent Term Adjustment, Patent Terms, Patents, Request for Continued Examination

See All Updates »

New Visa Rule Proposed for International Entrepreneurs

The Secretary of the Department of Homeland Security recently signed a proposed rule that would allow certain international entrepreneurs to temporarily enter the U.S. to start their businesses. The U.S. Citizenship and…more

Business Formation, Entrepreneurs, Immigrants, Immigration Reform, Investment

See All Updates »

Warning: Don't Use Trademarked Olympic Hashtags, Images

With all of the hype and public attention paid to the Olympics, you and your employees should be aware of the rules that govern the use of hashtags and images related to the Olympic games. The U.S. Olympic Committee (USOC) and…more

Hashtags, Olympics, Photographs, Trademarks

See All Updates »

Possible Tax Refund for Kansas Residents

If you work in Kansas City, Missouri and live in Kansas, recent tax developments may give you a basis for a refund. Although Kansas provides residents a tax credit for taxes paid to the State of Missouri, it had not…more

Comptroller of the Treasury v Wynne, Earnings Tax, Income Taxes, Municipalities, SCOTUS

See All Updates »

Federal Tax Treatment of Married Same-Sex Couples

On August 29, 2013, the Internal Revenue Service ruled that married same-sex couples will be treated the same as married heterosexual couples for all federal tax purposes, including income and gift and estate taxes. Revenue…more

DOMA, Earned Income Tax, Employee Benefits, IRA, IRS

See All Updates »

SEC Clarifies Conflict Minerals Reporting Requirements

The Securities and Exchange Commission confirmed this week that it expects companies to timely file reports required under the conflict minerals rule and to comply with other provisions unaffected by a recent appellate decision…more

Compliance, Conflict Mineral Rules, Reporting Requirements, SEC

See All Updates »

Ten Considerations when Terminating a Distributorship Relationship

It is always a difficult decision to terminate a distribution relationship, especially if it was long-standing and previously profitable. When making a termination decision, a manufacturer/supplier must be careful to ensure that…more

Contract Termination, Franchise Agreements, Good Cause, Manufacturers, Sales & Distribution Agreements

See All Updates »

Ninth Circuit Court of Appeals Rules Nevada HOA Foreclosure Notice Provision Unconstitutional

The U.S. Court of Appeals for the Ninth Circuit, in Bourne Valley Court Trust v. Wells Fargo, recently handed down a significant decision providing that a Nevada foreclosure law was unconstitutional because the law did not…more

Action to Quiet Title, Auction, Constitutional Challenges, Deed of Trust, Due Process

See All Updates »

Client Alert: Supreme Court Holds Plaintiffs Must Allege "Concrete" Injury to Bring a Claim

"No injury" class actions based on technical statutory violations appear to have taken a significant blow today with the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins. The high court held that plaintiffs who allege…more

Article III, Background Checks, Class Action, Employee Liability Information, FCRA

See All Updates »

Federal Contractors Face Disqualification From Future Work

Federal contractors, including businesses and universities performing on federally funded projects, have new reporting obligations regarding their labor and safety practices. On May 28, 2015, the Department of Labor published…more

DOL, Fair Pay and Safe Workplaces, Federal Contractors, Labor Law Violations, Reporting Requirements

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Employer Coverage Mandate Delayed Until 2015

While most of us were enjoying the 4th of July holiday, the Obama administration was busy announcing the delay of a key component of the Affordable Care Act (“ACA”). Following complaints about reporting requirements, the Obama…more

Affordable Care Act, Deadlines, Delays, Employer Mandates, Healthcare

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New Visa Rule Proposed for International Entrepreneurs

The Secretary of the Department of Homeland Security recently signed a proposed rule that would allow certain international entrepreneurs to temporarily enter the U.S. to start their businesses. The U.S. Citizenship and…more

Business Formation, Entrepreneurs, Immigrants, Immigration Reform, Investment

See All Updates »

Legislature Imposes New TIF Restrictions While Offering Reprieve for TIF Reporting Violations

The Missouri legislature passed new legislation amending the Tax Increment Financing (TIF) laws that, subject to Gov. Jay Nixon's decision to sign into law, is expected to go into effect on or about August 28, 2016…more

Moratorium, Municipalities, New Legislation, Redevelopment, Reporting Requirements

See All Updates »

Slack-fill Litigation on the Rise

The recent filing of a proposed class action targeting Mondelez International, Inc. for the amount of empty space in its Sour Patch Watermelon candy boxes is the latest lawsuit targeting consumer goods manufacturers for…more

Class Action, Common Law Torts, Corporate Counsel, False Advertising, FDCA

See All Updates »

Franchisors: Don’t Forget To File Your New York Annual Sales Tax Information Report

All franchisors that have at least one franchisee operating in New York State should be aware that they must file an annual information return next month under a state tax law. This annual report is due on or before March 20th…more

Annual Reports, Financial Statements, Franchise Taxes, Information Reports, Sales & Use Tax

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HIPAA Breaches: Size Doesn't Necessarily Matter

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) made headlines this month with a record $5.55 million HIPAA settlement reached with Advocate Health Care System, Illinois’ largest health care system…more

Data Breach, Electronic Medical Records, Health Care Providers, HIPAA, Hospitals

See All Updates »

Poor Timing Alone Doesn't Equal Retaliation

In a recent lawsuit under Title VII of the Civil Rights Act of 1964, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Missouri employers) upheld the trial court’s decision that a hospital didn’t discriminate…more

Civil Rights Act, Race Discrimination, Retaliation, Title VII

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Mediation: A Litigation Alternative

“Real peace is not the absence of conflict. Rather it is that state where conflict is managed effectively, efficiently and respectfully.” – Unknown Conflict resolution can be viewed on a continuum, with negotiation on one…more

Conflict Resolution, Litigation Strategies, Mediation

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An Easier Way to Protect Your Designs Globally

Beginning May 13, 2015, U.S. patent owners will have a streamlined and more economical way to obtain international protection of industrial designs. This is the date when U.S. Patent and Trademark Office ("USPTO") rule changes…more

Design Patent, Hague Agreement, Patents, USPTO, WIPO

See All Updates »

Missouri Supreme Court Allows Unsuccessful Contract Bidders to Sue Public Agencies

A recent Missouri Supreme Court decision changes the landscape of public contracting in the state by allowing unsuccessful contract bidders to sue public agencies for denying them a fair and equal opportunity to compete. The…more

Bid Protests, Competitive Bidding, Construction Industry, MO Supreme Court, Mootness

See All Updates »

Courts Impose Breach of Fiduciary Duty Penalties on Officers, Directors

Officers and directors of companies can face substantial financial liability for breaching their fiduciary duties to the companies they manage, regardless of their ability to pay such damages, and sometimes regardless of the…more

Breach of Duty, Compensatory Damages, Executive Compensation, Fiduciary Duty, Non-Profits

See All Updates »

EEOC and DOL Actions on Wages - The Total Picture

The U.S. Equal Employment Opportunity Commission, Department of Labor and President Obama have all taken recent action aimed at driving money from the top earners in a company to the lowest paid earners. Just this month, the…more

DOL, EEO-1, EEOC, Gender-Based Pay Discrimination, Minimum Salary

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Commil USA, LLC v. Cisco Systems, Inc.: A Good-Faith Belief of Patent Invalidity is Not a Defense to Induced Infringement

The U.S. Supreme Court ruled on May 26, 2015, that a defendant accused of inducing the infringement of a patent cannot rely on a good-faith belief in the patent’s invalidity as a defense to liability. This ruling enhances the…more

Cisco, Cisco v CommilUSA, Good Faith, Honest Belief Defense, Induced Infringement

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Receiverships: Resolving Disputes with Management of a Small Business

As a creditor or co-owner of a failing and mismanaged business, you are probably watching your investment or secured collateral disappear. What can you do to preserve value in your investment? Receiverships are powerful…more

Co-Ownership, Creditors, Receivership, Small Business

See All Updates »

Legislature Imposes New TIF Restrictions While Offering Reprieve for TIF Reporting Violations

The Missouri legislature passed new legislation amending the Tax Increment Financing (TIF) laws that, subject to Gov. Jay Nixon's decision to sign into law, is expected to go into effect on or about August 28, 2016…more

Moratorium, Municipalities, New Legislation, Redevelopment, Reporting Requirements

See All Updates »

Employers Should Give Immediate Attention to the New Federal Trade Secrets Act

Less than five weeks after federal trade secret legislation cleared the Senate, the Defend Trade Secrets Act (DTSA) has been signed into law by President Obama, effective today. The new law will have immediate effects on…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

See All Updates »

Patent Term Adjustment Update - Novartis v. Lee

A recent ruling by the Federal Circuit in Novartis AG v. Lee resolved the issues raised in the Exelixis I, Exelixis II and Novartis decisions regarding the effect of a Request for Continued Examination (RCE) on patent term…more

Novartis, Patent Term Adjustment, Patent Terms, Patents, Request for Continued Examination

See All Updates »

HIPAA Breaches: Size Doesn't Necessarily Matter

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) made headlines this month with a record $5.55 million HIPAA settlement reached with Advocate Health Care System, Illinois’ largest health care system…more

Data Breach, Electronic Medical Records, Health Care Providers, HIPAA, Hospitals

See All Updates »

Is there a statute of limitation in government Clean Water Act Cases?

A Minnesota federal trial court recently ruled that the government can sue Clean Water Act violators even if the statute of limitations has expired. The decision opens the door for the Eighth Circuit to issue a definitive ruling…more

Clean Water Act, Environmental Crimes, Statute of Limitations

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Ninth Circuit Court of Appeals Rules Nevada HOA Foreclosure Notice Provision Unconstitutional

The U.S. Court of Appeals for the Ninth Circuit, in Bourne Valley Court Trust v. Wells Fargo, recently handed down a significant decision providing that a Nevada foreclosure law was unconstitutional because the law did not…more

Action to Quiet Title, Auction, Constitutional Challenges, Deed of Trust, Due Process

See All Updates »

Missouri Supreme Court Changes Rules For Challenging Timeliness Under The Missouri Human Rights Act

Many employers are now at risk of waiving timeliness defenses due to a recent Missouri Supreme Court decision that completely changes how they raise challenges to the timeliness of a discrimination claim under The Missouri Human…more

Affirmative Defenses, Discrimination, EEOC, Human Rights, Waivers

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Legislature Imposes New TIF Restrictions While Offering Reprieve for TIF Reporting Violations

The Missouri legislature passed new legislation amending the Tax Increment Financing (TIF) laws that, subject to Gov. Jay Nixon's decision to sign into law, is expected to go into effect on or about August 28, 2016…more

Moratorium, Municipalities, New Legislation, Redevelopment, Reporting Requirements

See All Updates »

U.S. Government Reminds Colleges and Universities to be Prepared to Defend Advertised Statistics

The Federal Trade Commission (“FTC”) and U.S. Department of Education (“ED”) recently reminded all colleges and universities to review their online and print materials not only for the accuracy of any employment statistics…more

Colleges, Department of Education, False Advertising, FTC, Hiring Statistics

See All Updates »

Federal Tax Treatment of Married Same-Sex Couples

On August 29, 2013, the Internal Revenue Service ruled that married same-sex couples will be treated the same as married heterosexual couples for all federal tax purposes, including income and gift and estate taxes. Revenue…more

DOMA, Earned Income Tax, Employee Benefits, IRA, IRS

See All Updates »

FCC to Issue Net Neutrality Rules

In February, Federal Communications Commission Chairman Tom Wheeler will circulate a draft order regarding Net Neutrality to his four fellow commissioners. The Net Neutrality rules will govern whether Internet service providers…more

Comcast, Draft Guidance, FCC, Internet Service Providers (ISPs), Net Neutrality

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Supreme Court Issues Long-Awaited Key Decision on False Claims Act

The U.S. Supreme Court (SCOTUS) issued a decision today in a case that has important implications for healthcare providers and other organizations that bill the U.S. government for goods or services. (Universal Health Services,…more

Conditions of Payment, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Implied Certification

See All Updates »

U.S. Judge Limits False Claims Act Claims Involving Vague Medicare Regulations

A Missouri federal judge has issued a summary judgment order that could serve as an important limitation on the U.S. Department of Justice’s expanding use of the False Claims Act and penalties aimed at recovering funds from…more

Corporate Counsel, Dismissals, DOJ, False Claims Act (FCA), Federal Contractors

See All Updates »

An Easier Way to Protect Your Designs Globally

Beginning May 13, 2015, U.S. patent owners will have a streamlined and more economical way to obtain international protection of industrial designs. This is the date when U.S. Patent and Trademark Office ("USPTO") rule changes…more

Design Patent, Hague Agreement, Patents, USPTO, WIPO

See All Updates »

Are You “Betting the Company” Through Your Handling of Customer Funds or By Virtue of Transfer of Title Provisions Related to Acquisition of Goods?

Two common types of arrangements between contracting parties can create excessive financial risk for a party. The first is a company serving as a middleman or payment agent by accepting funds from a customer and then disbursing…more

Customer Funds, Transfer of Title

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Warning: Don't Use Trademarked Olympic Hashtags, Images

With all of the hype and public attention paid to the Olympics, you and your employees should be aware of the rules that govern the use of hashtags and images related to the Olympic games. The U.S. Olympic Committee (USOC) and…more

Hashtags, Olympics, Photographs, Trademarks

See All Updates »

Decision Clears Path for Companies to Participate in the Privacy Shield

A critical decision today by European Union privacy officials ends the era of uncertainty for the 4,000 plus U.S.-based companies and the thousands of EU-based companies that formerly relied on the U.S.-EU Safe Harbor Framework…more

Article 29 Working Party (WP29), Data Protection Authority, EU, EU Data Protection Laws, EU Directive

See All Updates »

Private Eyes Are Watching You – California Files Its First Internet Consumer Privacy Enforcement Action

Last month, the State of California filed its first enforcement action under its privacy laws against Delta Air Lines, seeking potentially millions of dollars in fines. Under California’s consumer privacy law, all parties that…more

Delta Airlines, Kamala Harris, Mobile Apps, Online Privacy Protection Act, Privacy Policy

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The False Claims Act: Do You Really Have Just 60 Days to Repay?

One of your employees informs you of a potential overpayment from Medicare. Do you really only have 60 days from that point to determine if it is indeed an overpayment and repay it? The Patient Protection and Affordable…more

Affordable Care Act, CMS, False Claims Act (FCA), Hospitals, Medicare

See All Updates »

Iran Sanctions Implementation Day: Engaging in Business in Iran through Foreign Subsidiaries?

On January 16, 2016, various iterations of "Iran Sanctions Lifted" appeared in the headlines. Taking this quote literally, the assumption is that the doors are now open to freely engage in business with Iran. A closer look,…more

General Licenses, IAEA, Iran Sanctions, Iraq, Joint Comprehensive Plan of Action (JCPOA)

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MSHA Increases Scrutiny

If you operate or work at a metal/nonmetal mine be ready for significant changes on how the Mine Safety and Health Administration (MSHA) will enforce its workplace examination standards.The MSHA recently issued a policy letter…more

Mining, MSHA, Safety Violations, Workplace Investigations, Workplace Safety

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DOD CAF Backlog Likely To Endure Through 2016

Since anticipating and tracking the launch of the Department of Defense Consolidated Adjudication Facility (DOD CAF), Armstrong Teasdale attorneys have counseled hundreds of companies and trustworthy individuals on navigating…more

CAF, Department of Defense (DOD)

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Department of Labor Issues Eligibility Guidance for Same-Sex Marriage Benefits

Employers with benefit plans governed by ERISA should be aware that the U.S. Department of Labor (“DOL”) has issued guidance with respect to the eligibility of individuals in same-sex marriages. Spousal eligibility for…more

DOL, DOMA, ERISA, IRS, Same-Sex Marriage

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Ten Considerations when Terminating a Distributorship Relationship

It is always a difficult decision to terminate a distribution relationship, especially if it was long-standing and previously profitable. When making a termination decision, a manufacturer/supplier must be careful to ensure that…more

Contract Termination, Franchise Agreements, Good Cause, Manufacturers, Sales & Distribution Agreements

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Ninth Circuit Court of Appeals Rules Nevada HOA Foreclosure Notice Provision Unconstitutional

The U.S. Court of Appeals for the Ninth Circuit, in Bourne Valley Court Trust v. Wells Fargo, recently handed down a significant decision providing that a Nevada foreclosure law was unconstitutional because the law did not…more

Action to Quiet Title, Auction, Constitutional Challenges, Deed of Trust, Due Process

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Colleges and Universities Targeted in Class Action Lawsuits over Operation of Retirement Plans

Multiple class action lawsuits seeking millions of dollars in damages were filed last week against eight nonprofit universities challenging the administration of their 403(b) retirement plans. The lawsuits, which were all filed…more

403(b) Plans, Benefit Plan Sponsors, Breach of Duty, Class Action, Colleges

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Upcoming Changes to Colorado Law on "Use It or Lose It" Vacation Policies

Colorado employers are advised to review their vacation policies in light of a recent announcement by the Colorado Division of Labor (the "Division") regarding its new enforcement position on vacation pay. Although a formal…more

Accrual Requirements, PTO, State Labor Departments, Vacation Pay, Wage and Hour

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Missouri Law Expands to Include Sponsored Captive Insurance Companies

With Governor Nixon’s signature on May 16, 2013, the state of Missouri has adopted legislation modifying its captive insurance law. The legislation, Senate Bill 287, will allow the formation of sponsored captive insurance…more

Captive Insurance Company, New Legislation

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FCC’s Order Clarifies Scope of Telephone Consumer Protection Act

The Federal Communications Commission recently issued the latest in a series of orders providing details about the scope of the Telephone Consumer Protection Act (“TCPA”).1 The order is relevant to any companies that use…more

Declaratory Rulings, Exemptions, FCC, TCPA, Text Messages

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Federal Contractors Face Disqualification From Future Work

Federal contractors, including businesses and universities performing on federally funded projects, have new reporting obligations regarding their labor and safety practices. On May 28, 2015, the Department of Labor published…more

DOL, Fair Pay and Safe Workplaces, Federal Contractors, Labor Law Violations, Reporting Requirements

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U.S. Supreme Court Holds in Copyright Infringement Case that Laches Defense Cannot Alter Rolling Statute of Limitations for Copyright Infringement Enacted by Congress

The U.S. Supreme Court on Monday revived several copyright claims by the daughter of Frank Petrella, author of the screen play for the well-known film “Raging Bull.” In Petrella v. Metro-Goldwyn-Mayer, Inc., the Court ruled…more

Copyright, Copyright Infringement, Laches, Petrella v. MGM, SCOTUS

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Supreme Court Reverses Federal Circuit on Inducement of Infringement

The U.S. Supreme Court on Monday limited the instances in which a party might be liable for inducing patent infringement. In a decision titled Limelight Networks, Inc. v. Akamai Technologies, Inc., the Court held that a party…more

Akamai Technologies, Direct Infringement, En Banc Review, Induced Infringement, Limelight Networks

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An Easier Way to Protect Your Designs Globally

Beginning May 13, 2015, U.S. patent owners will have a streamlined and more economical way to obtain international protection of industrial designs. This is the date when U.S. Patent and Trademark Office ("USPTO") rule changes…more

Design Patent, Hague Agreement, Patents, USPTO, WIPO

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Client Alert: Supreme Court Holds Plaintiffs Must Allege "Concrete" Injury to Bring a Claim

"No injury" class actions based on technical statutory violations appear to have taken a significant blow today with the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins. The high court held that plaintiffs who allege…more

Article III, Background Checks, Class Action, Employee Liability Information, FCRA

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FDA Requests Public Comment on "Natural" Food Labels

The U.S. Food and Drug Administration this week issued a request for public comment on the use of the term "natural" in the labeling of food products. This represents the first time in 22 years that the FDA has indicated an…more

All Natural, FDA, Food Labeling, Food Manufacturers, Public Comment

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Department of Education Issues Guidance on Changes to Clery Act Reporting Procedures and Requirements

On July 14, 2014, the U.S. Department of Education (DOE) issued important guidance to colleges and universities on their responsibilities to comply with changes to the Clery Act made by the amendment to the Violence Against…more

Clery Act, Colleges, Dating Violence, DOE, Domestic Violence

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SEC No-Action Letter Provides Relief for M&A Brokers

On January 31, 2014, the Securities and Exchange Commission issued a ground-breaking no-action letter (“SEC Letter”) stating that a financial intermediary that limits its business activity to advising privately held companies on…more

Brokers, No-Action Letters, SEC

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Is there a statute of limitation in government Clean Water Act Cases?

A Minnesota federal trial court recently ruled that the government can sue Clean Water Act violators even if the statute of limitations has expired. The decision opens the door for the Eighth Circuit to issue a definitive ruling…more

Clean Water Act, Environmental Crimes, Statute of Limitations

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Crowded Markets - The SEC Adopts New Rules Permitting Title III Crowdfunding

The Securities and Exchange Commission's final rules aimed at allowing companies to use crowdfunding to offer and sell securities under Title III of the JOBS Act, differ from previous regulations in several respects…more

Crowdfunding, Investors, JOBS Act, SEC

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U.S. Supreme Court Eases Rules for Attorneys’ Fees Awards in Patent Cases

In two cases decided yesterday, the U.S. Supreme Court made it easier for trial judges to award attorneys’ fees to prevailing parties in federal patent lawsuits and increased the likelihood that those rulings would be given some…more

Attorney's Fees, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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Use chemicals in your business? Read your insurance policy: You might not be covered.

A recent federal appeals court ruling underscores the need for businesses using potentially irritating chemicals to check their insurance policies for “absolute pollution exception” clauses. These increasingly common clauses…more

Chemicals, Commercial General Liability Policies, Hazardous Substances, Pollution Exclusion

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Appeals Court Rules Sexual Orientation Not Covered by the Missouri Human Rights Act

The Missouri Court of Appeals, Western District, ruled today that the Missouri Human Rights Act (MHRA) does not prohibit discrimination based on sexual orientation. Accordingly, it affirmed dismissal of a former employee’s…more

EEOC, Failure To State A Claim, Gender Discrimination, Human Rights, Sexual Orientation

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Chinese Labor Law in Reform: New Restrictions on Dispatched Worker Model

Multinational companies’ Chinese subsidiaries, known as foreign invested entities or “FIEs,” have two basic options when hiring employees. They can either hire them directly (“Employment Model”), or they can “lease” them from…more

China, Compliance, Foreign Investment, International Labor Laws, Multinationals

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Commil USA, LLC v. Cisco Systems, Inc.: A Good-Faith Belief of Patent Invalidity is Not a Defense to Induced Infringement

The U.S. Supreme Court ruled on May 26, 2015, that a defendant accused of inducing the infringement of a patent cannot rely on a good-faith belief in the patent’s invalidity as a defense to liability. This ruling enhances the…more

Cisco, Cisco v CommilUSA, Good Faith, Honest Belief Defense, Induced Infringement

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Contact

7700 Forsyth Boulevard
Suite 1800
St. Louis, MO 63105, United States

Contact: Sue Sassmann

  • 314-621-5070 Ext:.746

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Military Law
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
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  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Illinois
  • Kansas
  • Missouri
  • Nevada
Other Countries
  • China
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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