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Fox Rothschild

Court Invalidates NLRB Union Election Rule

On May 14, a Federal District court judge struck down the National Labor Relations Board’s controversial new union election rule. Judge James Boasberg of the U.S. District Court for the District of Columbia held that the rule is…more

| Administrative Law, Business Organizations, Elections & Politics, Labor...

Inventors Should File Patent Applications As Soon As Possible

Originally published in Daily Business Review on May 9, 2012 The U.S. patent system will transition from a "first-to-invent" system to a "first-to-file" system on March 16, 2013. This is the most significant change brought…more

| Administrative Law, Intellectual Property

Use of Acronyms as Trademarks and Domain Names

Originally published in May 8 issue of The Legal Intelligencer. (c) 2012 ALM Media Properties, LLC. People have relied on acronyms since antiquity, when the government in ancient Rome went by SPQR rather than the more…more

| Communications & Media Law, Intellectual Property

PPACA: Illuminating The Dark Side Of Health Care

Originally published in Law360, April 23, 2012. “Sunlight is the best disinfectant,” wrote Supreme Court Justice Louis Brandeis in 1913, addressing corruption and the banking industry. President Obama is particularly fond…more

| Administrative Law, Business Torts, Commercial Law & Contracts, Health

Taxpayers Receive Tax-Exempt Interest on Settlement

In DeNaples v. Commissioner , 109 AFTR 2d 2012-1419 (March 19, 2012), the U.S. Court of Appeals for the Third Circuit, in partially reversing the U.S. Tax Court, held that taxpayers were in receipt of tax-exempt interest income…more

| Civil Procedure, Civil Remedies, Constitutional Law, Real Estate -...

Power To The Crowd! The Promise (And Pitfalls) Of Crowdfunding

On April 5th, President Obama signed the Jumpstart Our Business Startups (JOBS) Act. One of its key provisions is “Crowdfunding”, which amends the Securities Act of 1933 to add a new registration exemption intended to allow…more

| Administrative Law, Business Organizations, Communications & Media Law,...

A Bitter Pill: Personal Liability For Health Care Execs

Both the federal Food and Drug Administration (FDA) and Office of the Inspector General (OIG) have authority to seek personal consequences against corporate officers deemed responsible for federal health care violations. For…more

| Administrative Law, Business Organizations, Criminal Law, Health

NLRB Notice-Posting Rule Enjoined Pending Appeal

On April 17, a three-judge panel of the U.S. Court of Appeals for the district of Columbia Circuit enjoined the National Labor Relations Board (NLRB or Board) from enforcing its final rule that would have required all employers…more

| Administrative Law, Civil Procedure, Civil Remedies, Labor & Employment...

Long-Awaited Brinker Decision A Relief For Employers

After more than three years and two rounds of briefing, the California supreme court has issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. overall, the decision is a significant win for employers…more

| Administrative Law, Civil Procedure, Labor & Employment Law

Bankruptcy Remote Financings In Jeopardy After Michigan Appellate Court...

The proliferation of limited recourse financings popularized in the commercial mortgage backed securities (CMBS) loan market through the financial innovation of loan securitization may be in jeopardy following the decision of…more

| Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking,...

Maryland Bans Employers From Requesting Facebook Passwords

On April 9, Maryland became the first state to ban employers from asking for personal passwords to private internet accounts and to prohibit employers from disciplining an employee for refusing such passwords. the law…more

| Administrative Law, Labor & Employment Law, Privacy

Media Coverage is Focus of Forum on DSK Arrest

Originally published in The Philadelphia Bar Reporter. Unique perspectives on gender, the law and the media were offered at the March 15 Chancellor’s Forum “The Arrest of Dominique Strauss-Kahn: A Comparative Study of…more

| Civil Rights, Communications & Media Law, Criminal Law, International...

Reasons to Join Nonprofit Boards and Concerns to Address

With the increasing demands of billable hours and outside commitments, it is tougher and tougher for young lawyers to find time to join nonprofit organizations as board members and take on board leadership positions. However,…more

| Law Practice Products & Services, Nonprofit Law

The Ins And Outs Of Surety Bonds: The Insolvent Surety

Commercial, and sometimes residential, construction requires a contractor to obtain a surety bond to guarantee performance leading to the successful conclusion of a project. Upon that occasion, a general contractor will obtain a…more

| Commercial Law & Contracts, Construction Law, Real Estate - Commercial,...

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