McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

  • +1 312 372 2000
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German Employment Update – Obesity May Qualify as Severe Disability

European employers should exercise caution in the event of the dismissal of an obese employee.  The European Court of Justice (ECJ) determined that obesity may qualify as severe disability if it significantly restricts…more
| Civil Procedure, Civil Rights, International Law & Trade, Labor & Employment Law

SCOTUS: Colorado Notice and Reporting Challenge Not Barred by the Tax Injunction Act

The United States Supreme Court released a unanimous decision yesterday holding that the Tax Injunction Act (TIA), 28 U.S.C. § 1391, does not bar suit in federal court to enjoin the enforcement of Colorado notice and reporting…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Constitutional Law, Taxation

The Consumer Privacy Bill of Rights Redux

On February 27, 2015, the Obama White House released an “Administration Discussion Draft” of its Consumer Privacy Bill of Rights Act of 2015 (Proposed Consumer Privacy Act). …more
| Antitrust & Trade Regulation, Elections & Politics, Privacy, Consumer Protection, Science, Computers, & Technology

DOL Extends FMLA Spousal Leave Rights to Same-Sex Spouses in All States

On February 23, 2015, the U.S. Department of Labor (DOL) Wage and Hour Division published its final rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Specifically, the rule recognizes all…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Family Law

Federal Circuit Affirms PTAB’s Lack of Patentability Ruling in First-Ever AIA Review - In re Cuozzo Speed Techs., LLC

Addressing for the first time an appeal of an America Invents Act review decision out of the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB or Board), the U.S. Court of Appeals for the Federal…more
| Administrative Law, Civil Procedure, Intellectual Property

FTC and DOJ Host Workshop Examining Health Care Competition - Updated 2015

The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider organization…more
| Antitrust & Trade Regulation, Health, Insurance, Mergers & Acquisitions

ArbG Solingen: Unternehmen muss Vorgesetztem trotz Missbrauchsverdachts nicht kündigen

Ein Arbeitgeber muss einen Manager, der einen anderen Arbeitnehmer sexuell missbraucht haben soll, nicht entlassen. Das entschied das Arbeitsgericht Solingen kürzlich (ArbG Solingen, Urt. v. 24.02.2015, Az. 3 Ca 1356/13). Der…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Pfändbarkeit von Schichtzulagen

Die noch immer uneinheitlich, zuletzt vom LAG Berlin-Brandenburg (vom 09.01.2015 – 3 Sa 1335/14) entschiedene Frage, ob Zulagen für Wechselschicht, Feiertags- und Nachtarbeit dem Pfändungsprivileg unterfallen und von…more
| Labor & Employment Law

FTC Merger Review Likely to Incorporate Analysis of Privacy Issues

The Federal Trade Commission (FTC or the Commission), along with the U.S. Department of Justice, can challenge mergers it believes will result in a substantial lessening of competition – for example through higher prices, lower…more
| Antitrust & Trade Regulation, Consumer Protection, Mergers & Acquisitions, Privacy, Science, Computers, & Technology

Supreme Court: State Agencies Controlled by Active Market Participants Must Have Active State Supervision to Qualify for Antitrust Immunity

In a 6–3 decision issued February 25, 2015, the Supreme Court of the United States held in North Carolina State Board of Dental Examiners v. Federal Trade Commission that if active market participants control an entity—even a…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Health

Inside the New York Budget Bill: Guidance Released Regarding Transitional Compliance and Qualified New York Manufacturers

On March 31, 2014, Governor Andrew Cuomo signed into law a budget bill containing major corporate tax reform. That new law resulted in significant changes for many corporate taxpayers, including a complete repeal of Article 32…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Taxation

The Apparently Never-Ending Story of Bard v. W.L. Gore - Bard Peripheral Vascular Inc. and C.R. Bard, Inc. v. W.L. Gore & Associates, Inc.

In a case centered about patent that matured from an application filed 40 years ago, a case that has been pending for 12 years and that just completed its fourth engagement at the appellate level, the U.S. Court of Appeals for…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Intellectual Property

Wireless Does Not Mean “Without Wires”; “Streaming Video” Does Not Mean Emailing a Video File - In re Kevin R. Imes

Reviewing a final written decision of U.S. Patent Trial and Appeal Board (PTAB or Board), finding application claims unpatentable, the U.S. Court of Appeals for the Federal Circuit held that the Board erred in concluding that a…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Statements Regarding Live Scientific Debate Still Subject to False Advertising Claim - Eastman Chemical Company v. PlastiPure, Inc.

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will not immunize such statements containing such claims from false advertising…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Products Liability

Federal Court Finds Amex’s “Anti-Steering” Merchant Rules Anticompetitive

After a seven-week bench trial in an enforcement action by the U.S. Department of Justice (DOJ) and 17 state attorneys general, U.S. District Judge Garaufis (Eastern District of New York) held that American Express Co.’s…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking
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