K&L Gates LLP

K&L Gates Center 210 Sixth Avenue
Pittsburgh, PA 15222-2613, United States

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  • 412.355.6501

U.S. Supreme Court Unanimously Rules Time Spent Undergoing Mandatory Security Screenings is Not Compensable Under the FLSA

In a decision that will certainly benefit employers facing claims of pre-shift and post-shift off-the-clock work, on December 9, 2014, the United States Supreme Court unanimously held that employees’ time spent waiting to…more
| Labor & Employment Law

Case Alert: The Duty to Offer an Alternative Vacancy to Women on Maternity Leave

In Sefton Borough Council v Wainwright, the Employment Appeal Tribunal (EAT) held that employers must offer a woman on maternity leave a suitable alternative vacancy when they first become aware that her role is redundant or…more
| Civil Rights, Labor & Employment Law

Changes to Building and Construction Industry Payments Act 2004 (Qld) Have Now Come into Force

The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) came into force yesterday. Last minute further amendments to the BCIPA were passed on 26 November 2014, relating to the transitional…more
| Commercial Law & Contracts, Construction Law

Class Certification Trends in Consumer Data Breach Litigation—Individualized Damages Theories May Preclude Certification

In the last two years, there has been a proliferation of class action lawsuits filed in response to high-profile data breaches compromising the personally identifiable information of customers of various companies. Major…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

50,000 Reasons for Employees to Think Twice Before Taking Their Employer's Copyright Works and Confidential Information

An ex-employee was recently ordered to pay his former employer AUD50,000 in damages after the Federal Court (Court) held that the employee had infringed copyright and breached his employment agreement and duty of confidentiality…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

High Court of Australia Determines Landmark Trade Mark Case in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd

The High Court of Australia (High Court) this week handed down only its third decision considering trade mark law since the enactment of the Trade Marks Act 1995 (Cth). This decision could reduce barriers to registration for…more
| Civil Procedure, Intellectual Property

National Political Parties Get a Christmas Bonus: Major Campaign Finance Provisions in Must-Pass Legislation

Congressional appropriators released the details of the FY15 funding bill (the “Consolidated and Further Continuing Appropriations Act,” or “Cromnibus”) on December 9, 2014, funding the federal government at $1.013 trillion for…more
| Elections & Politics, Finance & Banking, Taxation

The Great Bottle Battle – Coke vs Pepsi

On 28 November 2014, the Federal Court of Australia (Court) dismissed claims of trade mark infringement, misleading or deceptive conduct and passing off made by The Coca-Cola Company (Coke) against PepsiCo Inc, PepsiCo Australia…more
| Civil Procedure, Intellectual Property

Federal Circuit Affirms Dismissal of Sandoz’s BPCIA-Related Declaratory Judgment Action Regarding Enbrel® Patents, but Declines to Address BPCIA Interpretation

The biologics industry has been eagerly awaiting the Federal Circuit’s ruling on Sandoz Inc.’s (“Sandoz”) appeal from the United States District Court for the Northern District of California’s dismissal of its declaratory…more
| Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Declaratory Judgment Action Premature: Decision Suggests “Patent Dance” Mandatory for Biosimilar Applicants

Biosimilar applicants and branded biologics have been wondering how the procedures set forth in the Biologics Price Competition and Innovation Act (“BPCIA”) will be implemented since its enactment in 2010. The lack of guidance…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Legal Update: Shared Parental Leave

What happened? The Shared Parental Leave Regulations 2014 came into force on 1 December 2014 and will apply to children whose expected week of birth or placement for adoption is on or after 5 April 2015. The entitlement…more
| Labor & Employment Law

Additional Risk: Does Your Company Have Additional Insured Coverage for Claims by Contractors’ Employees?

One of the biggest risks oil and gas companies face is a blowout or other catastrophic event that causes serious injury or death. In the aftermath of such an event, companies often find themselves facing lawsuits by injured…more
| Labor & Employment Law, Energy & Utilities, Worker’s Compensation, Insurance, Toxic Torts

Release of Report on the Impact of Foreign Investment on the Housing Market

The House of Representatives Standing Committee on Economics (Committee) released its report on Foreign Investment in Residential Real Estate on 27 November 2014 (Report). As a response to concerns continually raised…more
| Finance & Banking, International Law & Trade, Real Estate - Residential

Case Update: Workers will not Appeal Holiday Pay Overtime Ruling

We recently reported on the Employment Appeal Tribunal’s (EAT) important decision on the calculation of holiday pay. This decision established that payments in respect of “non-guaranteed overtime” must be taken into account when…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Insurance for Professional Fiduciaries

In an important decision for professionals operating in the trust and asset management sector - and their employers - the English Court of Appeal has recently provided guidance in the case of Rathbone Bros Plc and Paul Egerton…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice, Wills, Trusts, & Estate Planning
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