Faegre Baker Daniels

Supreme Court Decides Salman v. United States

On December 6, 2016, the Supreme Court of the United States decided Salman v. United States, No. 14-462, holding that a trader may be held liable for insider trading under the Securities Exchange Act of 1934 and the SEC’s Rule…more
| Business Organizations, Criminal Law, Securities Law

Supreme Court Decides State Farm Fire & Casualty Co. v. United States ex rel. Rigsby

On December 6, 2016, the United States Supreme Court decided State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, holding that the False Claims Act (FCA) does not mandate dismissal of the case when a…more
| Civil Procedure, Government Contracting, Insurance

Supreme Court Decides Samsung Electronics Co. v. Apple Inc.

On December 6, 2016, the United States Supreme Court decided Samsung Electronics Co. v. Apple Inc., No. 15-777, holding that in the case of a multicomponent product, the “article of manufacture” that is the basis for an award of…more
| Intellectual Property, Science, Computers, & Technology

Telemedicine for All, As Lame Duck Session Winds Down

Even with the federal legislators poised to head home at the end of the week, two significant telehealth measures continue to work their way through the House and Senate, further evidence that telehealth services have become an…more
| Health

Minnesota Legislative Update: Budget Forecast

With the 2017 Minnesota Legislative Session approaching, we wanted to send a quick update on the recent budget and economic forecast. Budget Forecast On Friday, December 2, Minnesota Management and Budget (MMB) released…more
| Elections & Politics

2016 Amendments to the Federal Rules of Civil Procedure Take Effect

On December 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. The changes are relatively minor this year compared to last year, which included a significant narrowing of the scope of…more
| Civil Procedure

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,…more
| Labor & Employment Law

Unfair Dismissal and Appropriateness of Final Written Warning

In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was…more
| Civil Procedure, Labor & Employment Law

Enforceability of Restrictive Covenants in Transactional Agreements

In Rush Hair Ltd v Gibson-Forbes [2016] EWHC 2589, the High Court considered the enforceability of two-year restrictive covenants contained in a share purchase agreement. Rush Hair Ltd (Rush), a chain of hairdressing…more
| Business Organizations, Civil Procedure

Slow Your (Pay)Roll: Department of Labor's Overtime Rule Blocked

The U.S. Department of Labor’s (DOL) new minimum salary rule for the “white collar” exemption may not take effect on December 1, 2016, as scheduled. On November 22, U.S. District Court Judge Amos Mazzant of the Eastern District…more
| Labor & Employment Law

Illinois Appellate Court Ruling Has Far-Reaching Implications for Construction Participants in Wind Energy Projects

A landmark opinion issued by the Second District Illinois Appellate Court on November 9, 2016, contains vital information for construction industry participants involved in Illinois wind energy projects. In AUI Construction…more
| Construction Law, Energy & Utilities

Illinois Appellate Court Ruling Provides (Another) Reason to Double-Check Your Payment Clauses

A recent ruling out of the First District Illinois Appellate Court makes one thing clear: contractors and subcontractors should pay close attention to payment clauses on all contract forms. In Beal Bank Nevada v. Northshore…more
| Commercial Law & Contracts, Construction Law

Permanently Barred: ‘Persuader' Rule Not Persuasive to Texas Judge

The U.S. Department of Labor’s (DOL) “Persuader” Rule is unlawful and should not become law anywhere in the United States. That is the holding of an order issued on November 16, 2016, by United States Senior Judge Sam R…more
| Labor & Employment Law

Indiana 2016 General Election Recap

Now that the dust has settled from the November 2016 election, Faegre Baker Daniels’ Indiana government team is providing you with a recap of the state’s results. The unexpected landslide of the Trump-Pence ticket had coattails…more
| Elections & Politics

EMTALA Anti-Retaliation Rule Narrower Than You Might Think

Regional Care Hospital fired Marie Gillispie because she was outspoken in telling hospital management that it was required to report an incident of patient dumping and had violated EMTALA by failing to do so. At least that’s…more
| Civil Procedure, Health, Labor & Employment Law
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