Thompson Coburn LLP

Bullying in the Workplace: L&E Case Study

Bullying has been a recent focal point in the media, especially in the context of school bullying. Although not as pervasive, bullying also extends to the workplace. This webinar will identify and define bullying, examine its…more

Bullying, Employment Policies, Workplace Bullying

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, FAA, Hazardous Substances, Shipping

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Surely, There’s a Better Way: A Critique of Current Federal Regulation of Marine Terminal Operators

In This Presentation: Federal Regulation of Ports; Federal Port Regulation in a Nutshell; Additional Prohibitions (Apply to other actors, not bound by reasonableness factors); Agreements Must be Filed if . . .; Other…more

Federal Admiralty Law, Federal Maritime Commission, Proposed Regulation, Shipping

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Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are…more

Business Ownership, Confidential Information, Discovery, Federal Rules of Civil Procedure, Litigation Strategies

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Section 333 at 200 days: Where are we now?

Since the FAA granted the first Section 333 Exemption on September 25, 2014, potential commercial unmanned aircraft system (“UAS” or “drone”) users have eagerly monitored the agency’s progress. Let’s review the first 200-day…more

Commercial Use, Drones, FAA, Section 333 Exemption, Unmanned Aircraft Systems

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TC's inside IP - Summer 2013: Supreme Court Establishes International Copyright Exhaustion - But What About Patents?

In a much anticipated case, the U.S. Supreme Court ruled on March 19, 2013 in Kirtsaeng v. John Wiley & Sons that the “first sale” or “exhaustion” doctrine of U.S. Copyright law, which allows resale of copyrighted materials,…more

Certiorari, Copyright, First Sale Doctrine, ITC, Kirtsaeng v. John Wiley & Sons

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Reinstatement of a LIHTC LURA following foreclosure

Note: This post is the final part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects…more

Affordable Housing, Construction Industry, Construction Project, Contractors, Finance Lenders

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, FAA, Hazardous Substances, Shipping

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Section 333 at 200 days: Where are we now?

Since the FAA granted the first Section 333 Exemption on September 25, 2014, potential commercial unmanned aircraft system (“UAS” or “drone”) users have eagerly monitored the agency’s progress. Let’s review the first 200-day…more

Commercial Use, Drones, FAA, Section 333 Exemption, Unmanned Aircraft Systems

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Charities and nonprofits: Don't roll the dice with gambling laws

Are you involved with a charity or nonprofit that raises money by selling raffle tickets or holds poker tournaments or casino nights to fund operations? Although your charity or nonprofit may be using the proceeds to fund…more

Charitable Organizations, Fundraisers, Gambling, Non-Profits

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Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries are…more

Sanctions, Trade Restrictions, UN Security Council

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Top Region 7 attorney details EPA’s biggest enforcement, compliance priorities

The Environmental Protection Agency (EPA) took a major budget cut last year and is facing the same this year. But the agency is using creative settlement agreements, community projects, and some new high-tech tools to continue…more

Compliance, Enforcement, Environmental Policies, EPA, NAAQS

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TC's inside IP - Winter 2013: The AIA: Reviewing the First Year of Inter Partes Review

September 16, 2013, marked the one-year anniversary of the implementation of the America Invents Act, and with it, the introduction of an important tool for challenging the validity of an issued patent at the U.S. Patent and…more

America Invents Act, Claim Construction, First-to-File, First-to-Invent, Inter Partes Review Proceedings

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Is immigrant investment right for your project?

What do Marriott, Hilton Worldwide, Hyatt, Starwood Hotels & Resorts, American Life Insurance Company and Jay Peak Ski Resort know that you don’t know? They have discovered a way to access substantial amounts of equity financing…more

EB-5, Foreign Investment, Immigrant Investment Visas, Investors, Land Developers

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For family businesses, the role of the attorney comes full circle

There was a time when a lawyer was considered the “consigliere” to the family and its business. Remember the role of Robert Duvall as Tom Hagen in The Godfather? Tom Hagen’s role was not as a transaction lawyer (that role was…more

Family Businesses, Strategic Planning, Succession Planning

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2013 AAPA Port Administration and Legal Issues Seminar - Update on the Rotterdam Rules

In This Presentation: Update on the Rotterdam Rules. Excerpt from Update on the Rotterdam Rules - What is it? ..The Rotterdam Rules is a new draft multilateral Convention to update the liability rules…more

New Regulations, Ocean Transportation System, Shipping, Waterborne Freight Transportation

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Drones and Commercial Real Estate - The Wait Continues

The Federal Aviation Administration (FAA) has been playing catch-up with the developers and manufacturers of "drones," a term those in the media have grown fond of using, or unmanned aircraft systems (UAS)/unmanned aerial…more

Commercial Real Estate Market, Drones, FAA, Legislative Agendas, Marketing

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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Mortgage buyer’s thin paper trail sufficient to avoid summary judgment in borrowers’ favor

Disastrous results can befall a financial institution that buys a mortgage loan but does not obtain or keep adequate documentation related to the purchase. Yet over the past several years, many mortgages have exchanged hands…more

Banks, Borrowers, Debt Buyers, Mortgages, Summary Judgment

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Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries are…more

Sanctions, Trade Restrictions, UN Security Council

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Missouri Employers Take Note: Don’t Wait to Challenge the Timeliness of a Charge Under the Missouri Human Rights Act

The Missouri Supreme Court’s August 27, 2013, decision in Farrow v. Saint Francis Medical Center provided a stunning result in a case presenting a common fact pattern. Farrow filed a charge of discrimination more than 180 days…more

Civil Rights Act, Claim Procedures, Discrimination, EEOC, Human Rights

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Concealed carry triggers physician office questions on gun-toting patients

One year ago, Illinois became the last state to enact concealed carry firearm legislation after the Seventh U.S. Court of Appeals stuck down its longtime ban…more

Appeals, Commercial Leases, Commercial Tenants, Concealed Carry Permit, Concealed Weapons

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OIG: Exclusive laboratory arrangement may violate Antikickback Statute and result in exclusion for excessive charges

On March 25, 2015, the Office of Inspector General (“OIG”) issued Advisory Opinion 15-04, which found that an exclusive arrangement between a laboratory and its referring physician practices could violate the Federal…more

Anti-Kickback Statute, Clinical Laboratories, Healthcare, Medicaid, Medicare

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

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

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New value defense preserved for three-party transactions

New value is an important defense to preference liability under the Bankruptcy Code. It allows a preference defendant to relieve their preference liability on a dollar-for-dollar basis for the value provided to the debtor prior…more

Affirmative Defenses, Commercial Bankruptcy

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2014 Pension Plan Regulatory Highlights

The start of the new year is as good a time as any to look back at some of the employee benefits regulatory developments of 2014 that were not previously covered in this column. Originally published in Employee Benefit…more

Brokerage Accounts, Brokerage Windows, Disability Insurance, DOL, Employee Benefits

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CMS establishes Health Care Payment Learning and Action Network

Since the passage of the Affordable Care Act, we have been discussing the move from volume payment to value payment in healthcare. Now, you have an opportunity to have an impact on CMS’ alternative payment models…more

CMS, HCPLAN, Health Care Providers, Healthcare, HHS

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EHR Donation Exception and Safe Harbor Modified and Extended through 2021

On December 27, 2013, the Centers for Medicare & Medicaid Services and the Office of the Inspector General, both of the Department of Health and Human Services, issued closely coordinated rules (“Final Rules”) extending the…more

Charitable Donations, CMS, EHR, HHS, OIG

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$125k HIPAA settlement for small, single-location pharmacy

A settlement announced this week by the Department of Health and Human Services, Office for Civil Rights (“OCR”) reminds us of the importance of properly disposing of paper medical records. OCR and Cornell Prescription Pharmacy…more

HIPAA, Medical Records, OCR, Pharmaceutical, Pharmacies

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Five tips for ‘Mega Sponsors’ of sweepstakes and contests

Over the past 18 years, I have been very fortunate to represent several of what I call “Mega Sponsors” of sweepstakes and contests. My definition of a Mega Sponsor is a company that sponsors more than 50 sweepstakes or contests…more

Contests & Promotions, Sweepstakes

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Missouri court rules jury waiver applies here, there, and everywhere

What happens when one loan document contains a jury waiver but another doesn’t? For the lender, all may not be lost. That was another important holding from the Missouri Court of Appeals Western District in Midland…more

Jury Trial, Loans, Waivers

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U.S. Citizenship and Immigration Services Revises Employment Eligibility Verification Form I-9

U.S. Citizenship and Immigration Services (“USCIS”) has released a revised Form I-9, which all employers must use to verify the identity and employment eligibility of new hires. Employers should begin using the new Form I-9…more

Eligibility, Hiring & Firing, I-9, USCIS

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Section 333 at 200 days: Where are we now?

Since the FAA granted the first Section 333 Exemption on September 25, 2014, potential commercial unmanned aircraft system (“UAS” or “drone”) users have eagerly monitored the agency’s progress. Let’s review the first 200-day…more

Commercial Use, Drones, FAA, Section 333 Exemption, Unmanned Aircraft Systems

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10 implications of SEC's repeal of general solicitation rules

In a historic and long-anticipated move to make private placements less “private,” the Securities and Exchange Commission (SEC) recently adopted final rules allowing general solicitation and general advertising in private…more

Accredited Investors, General Solicitation, JOBS Act, Private Equity, Private Placements

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Supreme Court Overturns EPA’s “Tailoring Rule,” Upholds GHG BACT for “Anyway” Sources

On June 23, the U.S. Supreme Court issued its much anticipated opinion in Utility Air Regulatory Group v. EPA, involving whether the EPA properly decided it was required to regulate sources of greenhouse gases (“GHGs”) under the…more

BACT, Clean Air Act, Climate Change, Environmental Policies, EPA

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Time Crunch: OSHA Shortens Reporting Deadlines for Workplace Injuries

The Occupational Safety and Health Administration (“OSHA”) has announced a final rule that significantly alters employers’ obligations for reporting workplace injuries to the agency. Under the new rule, employers must notify…more

Deadlines, Employer Liability Issues, OSHA, Reporting Requirements, Workplace Injury

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Coast Guard seeks comments on multiyear renewal option for vessel documentation fees

In the March 3, 2015 Federal Register, the Coast Guard published a request for comments related to the Vessel Documentation Renewal Fees established in August 2014. The Coast Guard is considering options for implementing…more

Certificates of Compliance, Coast Guard, Renewal Fees, Vessels

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FERPA and subpoenas for student records

With some frequency, we receive questions in our practice regarding the interplay between the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) and subpoenas or court orders. Many institutions…more

Educational Institutions, FERPA, Students, Subpoenas

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EEOC Issues Proposed Wellness Program Regulations Under ADA

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (proposed regulations) amending the existing regulations under Title I of the Americans with Disabilities Act (ADA)…more

ADA, Affordable Care Act, EEOC, Employer Mandates, Proposed Regulation

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Illinois joins growing list of states to adopt anti-markup legislation; statute impacts all payors

After three years of negotiations between several constituencies, including pathologists, dermatologists and other specialist associations, Illinois has joined 25 states that have enacted laws addressing the practice of some…more

Blood Tests, Diagnostic Tests, Healthcare, Insurers, New Legislation

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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Debtor-trustees can run but they can’t hide behind the Fifth Amendment

Judgment debtors often try to use the Fifth Amendment’s privilege against self-incrimination to avoid post-judgment discovery of their assets and income. However, the U.S. District Court for the Eastern District of Missouri…more

Bank of America, Collective Entity Doctrine, Debtors, Fifth Amendment, Inter Vivos Trust

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Illinois Employers Should Aim for Gun Policy Review

After becoming the 50th state to pass a concealed carry law last year, Illinois has begun accepting applications for concealed carry licenses from individuals wishing to carry a firearm in public. This major change in firearms…more

Employer No-Weapons Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation

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Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

A fertilizer plant surrounded by homes, schools, and a hospital. A chemical tank that was externally examined but not drained of liquid for a more thorough inspection. These were some of the factors that contributed to two…more

Chemical Safety Board, Chemicals, Contaminated Properties, Contamination, EPA

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Section 333 at 200 days: Where are we now?

Since the FAA granted the first Section 333 Exemption on September 25, 2014, potential commercial unmanned aircraft system (“UAS” or “drone”) users have eagerly monitored the agency’s progress. Let’s review the first 200-day…more

Commercial Use, Drones, FAA, Section 333 Exemption, Unmanned Aircraft Systems

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NIST seeks comments on Cybersecurity Framework – Don’t miss the Dec. 13 deadline

The National Institute of Standards and Technology (NIST) is seeking comments on its “Preliminary Cybersecurity Framework,” which affects numerous industries. The Preliminary Framework is intended to provide guidance to…more

Cybersecurity, Cybersecurity Framework, Deadlines, NIST, Public Comment

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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TC's inside IP - Summer 2013: Technology Continues to Test the Boundaries of Copyright Law

Technological advances are stressing the seams of existing copyright law, forcing yet another industry to grapple with the prospect of disruption. At the nexus of this tension is AEREO, Inc. (“Aereo”), a streaming service that…more

Aereo, Cablevision, Copyright, Internet Streaming, Public Performance Rights

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TC's inside IP - Winter 2013: Final Really Does Mean Final in the Federal Circuit

Defendants in patent infringement lawsuits often request that the United States Patent and Trademark Office (“PTO”) reexamine the patent-in-suit. Patent reexamination is a process where the validity of an issued patent is again…more

Patent Infringement, Patent Litigation, Patents, USPTO

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, FAA, Hazardous Substances, Shipping

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Financial Institutions Authorized to Use Websites for Annual Privacy Notice

Banks and other financial institutions may be able to avoid costly manual mailings of annual privacy notices to customers and instead publish annual privacy notices on their websites under a new rule issued by the federal…more

Annual Notices, Banks, CFPB, FCRA, Financial Institutions

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Missouri Passes Data Center Incentive Legislation

Missouri recently joined the growing number of states that have created incentives for the construction or expansion of data center facilities. The new law, signed on April 9, 2015, provides exemptions from various state and…more

Data Centers, Economic Development, Job Creation, New Legislation, Sales & Use Tax

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Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries are…more

Sanctions, Trade Restrictions, UN Security Council

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Timeline tightens for provider, supplier responses to MAC and ZPIC requests starting April 6, 2015

MAC and ZPIC reviewers have the right to request additional documentation when a claim itself is insufficient to make a payment determination. Effective April 6, 2015, in response to a pre-payment review and additional…more

Healthcare, MACs, Medicare, ZPIC

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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NLRB Wishes Employers a Not-So-Happy New Year – Issues New Election Rules and Overrules Register Guard

The National Labor Relations Board (NLRB) has amended its internal rules to speed up the union election process. The changes were made with one goal in mind: to make it easier for unions to organize your workforce. Starting…more

Ambush Election Rules, Email, FLSA, NLRA, NLRB

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Missouri Passes Data Center Incentive Legislation

Missouri recently joined the growing number of states that have created incentives for the construction or expansion of data center facilities. The new law, signed on April 9, 2015, provides exemptions from various state and…more

Data Centers, Economic Development, Job Creation, New Legislation, Sales & Use Tax

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Busting the top privacy myths

Those who think that privacy is dead these days might want to drop by the Walter Washington Convention Center in early March, for the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C…more

Big Data, Data Collection, Facebook, Internet, Privacy Policy

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The midterm elections and higher ed: What you need to know

In the days leading up to a national election, it can be challenging to navigate the waves of analysis and prognostication that flow forth from inside the Beltway, even when your interests are narrowly focused on a specific…more

Educational Institutions, Political Candidates

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Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s compensation…more

Adverse Employment Action, Discrimination, Employer Liability Issues, Hiring & Firing, Workers' Compensation Defense

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The DMCA and fair use: Has anti-circumvention gone too far?

With the passage of the Digital Millennium Copyright Act (DMCA) in 1999, Congress expanded copyright law and the rights afforded owners of copyrighted works. At the time, copyright holders — worried that the increased access to…more

Copyright, Copyright Infringement, DMCA, Fair Use, Statutory Interpretation

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U.S. Citizenship and Immigration Services Revises Employment Eligibility Verification Form I-9

U.S. Citizenship and Immigration Services (“USCIS”) has released a revised Form I-9, which all employers must use to verify the identity and employment eligibility of new hires. Employers should begin using the new Form I-9…more

Eligibility, Hiring & Firing, I-9, USCIS

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Final rules for international trade data highlight issues for routed export transaction

The International Trade Data System (ITDS) is intended to create a single window for reporting international trade activities to all government agencies that may have regulatory authority over a transaction. The Bureau of the…more

Electronic Export Information, Final Rules, ITDS

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

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

See All Updates »

U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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President Obama's immigration actions: What employers need to know

On November 20, 2014, President Obama announced a series of executive and administrative actions intended to streamline, modernize and simplify elements of the U.S. immigration system. While programs such as Deferred Action for…more

Barack Obama, DACA, DAPA, Deportation, DHS

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Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries are…more

Sanctions, Trade Restrictions, UN Security Council

See All Updates »

Section 333 at 200 days: Where are we now?

Since the FAA granted the first Section 333 Exemption on September 25, 2014, potential commercial unmanned aircraft system (“UAS” or “drone”) users have eagerly monitored the agency’s progress. Let’s review the first 200-day…more

Commercial Use, Drones, FAA, Section 333 Exemption, Unmanned Aircraft Systems

See All Updates »

Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, FAA, Hazardous Substances, Shipping

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Tenth Commandment of Government Contracting: Thou shalt not stereotype thine opponent

One of the most dangerous things that can happen to us in our business career is to make the mistake of stereotyping our adversary. In the world of Government contracting, the two most common stereotypes are (1) all Government…more

Contract Negotiations, Federal Contractors, Negotiations

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Developers take advantage of low income housing development tax credits, but recent Third Circuit decision stirs controversy

Developers of multi-family apartment complexes geared to low- to moderate-income tenants are increasingly taking advantage of federal low-income housing tax credits (LIHTC) and, where available, their state counterparts, to…more

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Are you ready for California’s new paid sick leave law?

Effective July 1, 2015, California's new mandatory paid sick leave law requires virtually all employers to provide workers a minimum of three days of paid sick leave per year. And, beginning January 1, 2015, a poster explaining…more

Employer Mandates, New Regulations, Paid Leave, Sick Leave

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Don't Underestimate the Importance of TTAB Proceedings

A recent U.S. Supreme Court decision, B&B Hardware, Inc. v. Hargis Industries, Inc., heightens the importance of often-neglected trademark conflict administrative proceedings in the Trademark Trial and Appeal Board…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Trademark Infringement, Trademark Trial and Appeal Board

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

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

See All Updates »

How can a university manage an all-powerful college coach?

From decorated pros to college benchwarmers, many young men and women who played sports often refer back to a coach who had a tremendous impact on his or her life and eventual career. This is true even when people don’t pursue…more

Coaches, College Athletes, Colleges, NCAA, Sports

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Eight things we learned from the Detroit bankruptcy

Detroit’s historic trip through Bankruptcy Court ended in December 2014 with the confirmation of the City’s Plan of Adjustment, which trimmed $7 billion in debt from the city’s balance sheet and promised improved resident…more

Detroit, Municipal Bankruptcy, Municipalities

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Section 333 at 200 days: Where are we now?

Since the FAA granted the first Section 333 Exemption on September 25, 2014, potential commercial unmanned aircraft system (“UAS” or “drone”) users have eagerly monitored the agency’s progress. Let’s review the first 200-day…more

Commercial Use, Drones, FAA, Section 333 Exemption, Unmanned Aircraft Systems

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2014 Pension Plan Regulatory Highlights

The start of the new year is as good a time as any to look back at some of the employee benefits regulatory developments of 2014 that were not previously covered in this column. Originally published in Employee Benefit…more

Brokerage Accounts, Brokerage Windows, Disability Insurance, DOL, Employee Benefits

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Is your promotion discriminatory in California?

It might not occur to you to think about civil rights act compliance when planning an in-store or retail promotion – but that’s just what the state of California requires. The Unruh Civil Rights Act is a California statute that…more

Contests & Promotions, Discounts, Discrimination, Marketing, Retailers

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Bullying in the Workplace: L&E Case Study

Bullying has been a recent focal point in the media, especially in the context of school bullying. Although not as pervasive, bullying also extends to the workplace. This webinar will identify and define bullying, examine its…more

Bullying, Employment Policies, Workplace Bullying

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Supreme Court Upholds ERISA Plan’s Statute of Limitations

Yesterday, in Heimeshoff v. Hartford Life & Accident Insurance Co. the United States Supreme Court upheld the enforceability of an ERISA-plan provision providing: Legal action cannot be taken against The Hartford . . …more

ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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TC's inside IP - Summer 2013: Dish Network’s Ad-Skipping Hopper DVR Leaps Over Fox’s Injunction Request

The 9th Circuit agrees: Fox cannot stop the Hopper…for now. At stake is the future of how we watch TV: whether DVRs can automatically remove commercials from network shows. Dish Network says yes; Fox says no. While standard DVRs…more

Advertising, Dish Network, Entertainment Industry, Fox Television Stations, Technology

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TC's inside IP - Summer 2013: Federal District Court Upholds DMCA Safe Harbor for YouTube

On April 18, 2013, the United States District Court for the Southern District of New York upheld the Digital Millennium Copyright Act (“DMCA”) safe harbor protection for YouTube following a remand from the Second Circuit in a…more

Copyright, Copyright Infringement, DMCA, Infringement, Safe Harbors

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Other U.S. Locations
  • California
  • D.C.
  • Illinois
Number of Attorneys

100+ Attorneys

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