BakerHostetler

Supreme Court Upholds Broad Interpretation of FHA

In a 5-4 decision, the Supreme Court ruled that disparate impact claims can be brought under the Fair Housing Act (“FHA”). Disparate impact claims attack policies or practices that are facially neutral but have a…more
| Civil Procedure, Civil Rights, Finance & Banking, Real Estate - Residential, Taxation

What Constitutes Patentable Subject Matter in Biotechnology? New Federal Circuit Decision Says “Even Less Than You Thought!”

With its recent (June 12, 2015) decision in Ariosa v. Sequenom, the Court of Appeals for the Federal Circuit affirmed the Northern District of California’s broad interpretation of the U.S. Supreme Court’s Prometheus v. Mayo…more
| Health, Intellectual Property, Science, Computers, & Technology

Unpaid Internships Given New Life by the Second Circuit

This Blog is Not about Owen Wilson and Vince Vaughn, But… “The Internship” fails the first test of merit for a comedy: “Is it funny?” I find that opening line in a review from The New Yorker hilarious. (Funnier than the movie.)…more
| Labor & Employment Law

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7 of…more
| Administrative Law, Labor & Employment Law

ONRR Continues to Penalize Oil and Gas Companies With Federal Leases in Wyoming for Failure to Submit Production Reports

The Department of the Interior’s Office of Natural Resources Revenue (“ONRR”) announced that it has issued a $6.9 million civil penalty to High Plains Gas, Inc., for failure to submit production reports for numerous federal…more
| Commercial Law & Contracts, Energy & Utilities, Indigenous Peoples

Supreme Court to Hear Challenge to Public Sector Union Fees for Non-Members

On June 30, the United States Supreme Court agreed to hear a long-awaited challenge to the practice of allowing unions to collect fees from public sector employees who do not wish to be union members. In the more than 20 states…more
| Constitutional Law, Labor & Employment Law

HHS OIG Creates New Taskforce to Pursue Civil Monetary Penalties and Exclusions

At the annual meeting of the American Health Lawyers Association (AHLA) held this week in Washington D.C., the U.S. Department of Health and Human Services Office of Inspector General (OIG) announced a new legal team dedicated…more
| Health

As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority Over Online Services

The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to its…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Maui GMO Ban Overturned; Federal Court Remains Consistent on Preemption Analysis

This week, the federal district court in Hawaii struck down a Maui County law imposing a moratorium on the cultivation of genetically engineered organisms (GE plants, or GMOs). This decision is the third of three challenges to…more
| Agriculture, Conflict of Laws, Environmental Law, Zoning, Planning & Land Use, Science, Computers, & Technology

Third Circuit Court of Appeals Affirms That Pennsylvania Law Does Not Recognize Automatic “Equitable Extensions” of Oil and Gas Leases Based Solely on the Premise That a Lessor’s Attempt to Legally Invalidate the Lease Constitutes a Repudiation

On June 25, 2015, the United States Court of Appeals for the Third Circuit affirmed the District Court for the Middle District of Pennsylvania’s prior entry of summary judgment in favor of the lessor plaintiffs on the…more
| Civil Procedure, Energy & Utilities

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

The U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor…more
| Labor & Employment Law

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards - Earlier this month a Texas federal district court judge granted a…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Law Practice Products & Services, Health

A Year Later: The Impact of Halliburton II Is Still Developing

In June 2014, the Supreme Court issued its decision in Halliburton Co. v. Erica P. John Fund Inc. (“Halliburton II”), a putative class action in which Halliburton investors alleged that the company made misrepresentations…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Delaware General Corporation Law Amended Regarding Fee-Shifting and Forum Selection Clauses

On June 24, 2015, the governor of Delaware signed into law legislation that amends the Delaware General Corporation Law (Title 8 of the Delaware Code) (“DGCL”) to effectively prohibit fee-shifting bylaw provisions in the context…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Class Certification of California Price Advertisement Case Gives Cause for Concern

A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to…more
| Communications & Media Law, Consumer Protection
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