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Gentlemen’s Club Cannot Strip Dancers of Employee Status

We mentioned early last year that the U.S. Department of Labor intended to start cracking down on the (mis)classification of workers as independent contractors. All is not lost however, as we also recently discussed a New York…more

Adult Entertainment, Corporate Counsel, DOL, Employee Definition, Employer Liability Issues

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Eighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful…more

False Claims Act, Medical Devices, Off-Label Promotion, Public Disclosure, Whistleblowers

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Customer Collaboration and Predictive Analytics Can Lead to Successful Product Manufacturing

Advanced manufacturing companies increasingly implement “Intellectual Property Plus,” an expanded view of IP assets and risks. Through this lens, companies incorporate customer expectations and preferences in new product…more

Manufacturers, Patents, Popular, Technology

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IRS Guidance on Windsor Decision May Require End-of-Year Amendments for Qualified Retirement Plans

Earlier this year, the IRS published updated guidance on the application of the Supreme Court’s decision in United States v. Windsor to qualified retirement plans. In Windsor, the Court held that the Defense of Marriage Act’s…more

Benefit Plan Sponsors, DOMA, Federal Taxes, IRS, Plan Administrators

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Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and apply…more

Auto Manufacturers, Auto Parts, Automotive Industry, Chrysler, Manufacturers

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How California’s New LLC Law Will Impact Existing and New California LLCs

On January 1, 2014, California’s Beverly-Killea Limited Liability Company Act (“Old Act”) was superseded by the California Revised Uniform Limited Liability Company Act (“New Act”). California legislators were concerned that the…more

Articles of Incorporation, Limited Liability Companies, LLC, Operating Agreements, RULLCA

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IRS Issues 2015 Limits for Qualified Retirement Plans, Health FSAs, and Transportation Fringe Benefits

You know it’s Fall when the leaves turn color, jack-o-lanterns wink in the twilight, the World Series plays on … and the IRS announces new indexed annual limits for employee benefit plans. Sticking to tradition, the IRS recently…more

COLA, Flexible Spending Accounts, Fringe Benefits, Health Insurance, IRS

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Button Bans – Be Careful

Employers often implement dress code policies and practices which prohibit employees from wearing all types of buttons or insignia in the workplace. These kinds of policies may be put in place for customer relations, appearance…more

Dress Codes, Employee Rights, NLRA, NLRB, Unions

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FTC Settles Claims Relating to U.S. – EU Safe Harbor Program

The Federal Trade Commission recently announced it has settled claims against 12 companies relating to charges the companies falsely claimed they were abiding by the U.S. – EU Safe Harbor program that enables U.S. companies to…more

Compliance, Data Brokers, Debt Collection, EU, FTC

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Iowa Supreme Court Decision Boosts Renewable Energy Development

A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision),…more

Electricity, Energy, Energy Projects, Power Purchase Agreements, Renewable Energy

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Defense to Patent Infringement if Acts Were Performed in a “Quasigovernmental” Capacity Pursuant to a Legal Obligation

A recent Federal Circuit opinion highlights a defense that is available to defendants whose alleged infringement occurred through activities that were undertaken for the United States. In particular, where the United States…more

Airlines, Appeals, Federal Contractors, Japan Airlines, Patent Infringement

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2014 May Be the Last Year for Valuable "Tax Extenders"

Last week, President Obama threatened to veto an agreement between Senate Democrats and House Republicans on a collection of tax breaks known as “tax extenders.” The deal would have been a huge win for manufacturing, because it…more

Barack Obama, Corporate Taxes, Manufacturers, Tax Extenders, Tax Incentives

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)…more

Exemptions, Medical Devices, MRI, Property Tax

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The Section 409A Valuation: Do You Really Need One?

Yes. You do. That was easy. But perhaps we have gotten ahead of ourselves and we should start at the beginning of the story. While Section 409A is a tax provision, its genesis was the perceived abuse of deferred compensation…more

Executive Compensation, Golden Parachutes, Safe Harbors, Section 409A, Valuation

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Court of Appeals Rejects Attempted Restriction of “Mortgage Banker” Priority Provision

On February 20, 2014, the Wisconsin Court of Appeals issued an opinion interpreting the meaning of “mortgage banker” under Wis. Stat. § 224.71(3) and finding that a mortgage holder was entitled to the priority afforded under…more

Banks, Construction Contracts, Construction Liens, Mortgages

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Too Late to Compel Arbitration? Think Again!

In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association provides…more

American Arbitration Association, Arbitration, Contract Drafting, Employer Liability Issues, Mandatory Arbitration Clauses

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Doing Business With the Government With Reduced Risk

Entering into business with the U.S. Government provides companies, including those in the automotive industry, with the opportunity to expand their business base, with tremendous potential. Even with the current budget cuts and…more

Automotive Industry, Federal Budget, Federal Contractors, Sequestration

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SCE Selects Suppliers for 261 MW in Energy Storage

Southern California Edison (SCE) announced the suppliers and projects it has selected for the largest grid-connected energy storage purchase in U.S. history. This energy storage procurement is more than five times greater than…more

CPUC, Energy, Grid Energy Storage, Power Grid, SCE

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4 Simple Tips for Better Supply Agreements

Supply agreements serve as the lifeblood of many manufacturing companies. These agreements outline the terms and conditions controlling the supply of goods and services between various parties. Without this framework, many…more

Corporate Counsel, Manufacturers, Supply Agreements, Supply Chain

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When Serving Process by Mail, You Can't Send It to the Wrong Address

If personal service of a summons and complaint cannot be accomplished, a plaintiff in Wisconsin is permitted to serve process by publication. A plaintiff serving by publication must also mail a copy of the summons and complaint…more

Mail, Publication Requirement, Service of Process, Summons

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IRS Releases Favorable Private Business Use Rules for Facilities Financed With Tax-Exempt Bonds

On October 24, 2014, the IRS released Notice 2014-67, which establishes more favorable safe harbors for types of service contracts and other arrangements using property financed with tax-exempt bonds. The Notice also provides…more

Bonds, IRS, Safe Harbors, Service Contracts, Tax Exemptions

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Patent Office Extends AFCP 2.0 and QPIDS Pilot Programs to September 2015

The United States Patent and Trademark Office (USPTO) just announced it has extended the After Final Consideration Pilot program (AFCP 2.0) and the Quick Path Information Disclosure Statement program (QPIDS), which are now set…more

AFCP, Patent Reform, Patents, QPIDS, USPTO

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Increased Supreme Court Focus on Patent Jurisprudence

In 2013, the Supreme Court decided three patent cases. By June of 2014, it is expected that there will have been six more decisions in patent cases. This week alone, there have been oral arguments heard or decisions released in…more

Akamai Technologies, Attorney's Fees, Highmark v. Allcare, Limelight Networks, Octane Fitness v. ICON

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IRS Releases Favorable Private Business Use Rules for Facilities Financed With Tax-Exempt Bonds

On October 24, 2014, the IRS released Notice 2014-67, which establishes more favorable safe harbors for types of service contracts and other arrangements using property financed with tax-exempt bonds. The Notice also provides…more

Bonds, IRS, Safe Harbors, Service Contracts, Tax Exemptions

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California Senate and Assembly Vote to Extend Property Tax Exclusion for Solar

In furtherance of California’s commitment to renewable solar energy, the California Senate and Assembly recently passed Senate Bill 871 (SB 871) which, if signed, would extend the sunset date on the existing property tax…more

Energy, Exclusions, New Legislation, Property Tax, Solar Energy

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FTC Updates Guidance on Disclosures in Social Media Marketing

Earlier this month, the Federal Trade Commission (FTC) updated its guidelines for disclosures in digital media, “.Com Disclosures: How to Make Effective Disclosures in Digital Advertising” (Guide). The Guide, which updates a…more

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Navigating Employment-Based Visas for Startups

Startups often seek to hire highly educated employees with degrees in STEM (science, technology, engineering and science) fields in order to compete with their established competitors. Post-graduate international students have…more

Corporate Counsel, H1-B, Highly-Skilled Workers Visa, Hiring & Firing, L-1 Visas

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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Provider Reimbursement Review Board Issues Alert 9 and Revised Rules

On March 1, 2013, the Provider Reimbursement Review Board (PRRB or the Board) issued Alert 9, which notified interested parties that the PRRB has made revisions to its Rules and updated its Model Forms. Medicare providers that…more

CMS, Medicare, PRRB, Reimbursements

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New Jersey Bankruptcy Court Extends Unusual Protection to Trademark Licensees Under Section 365(n)

A recent Bankruptcy Court decision in New Jersey took an unusual approach in determining the rights of the debtors’ trademark licensees following the debtors’ rejection of the licenses as executory contracts. In In re Crumbs…more

Bankruptcy Code, Commercial Bankruptcy, Executory Contracts, IP License, Licenses

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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USPTO Issues Long-Awaited Revised Guidance on Patent Eligibility

The USPTO has issued new “interim” guidance for determining whether claims are eligible for patenting under 35 USC 35 U.S.C. § 101. Assuming the guidance document is published in the December 16, 2014 Federal Register, it will…more

Guidance Update, Patent-Eligible Subject Matter, Patents, USPTO

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Site Selection in a Build-to-Suit Project: Should the Land and Developer Be Selected Separately or Together?

Site selection is a critical issue in build-to-suit (BTS) projects. There may be nothing more important to the success of a build-to-suit project than its location. Factors such as the strength of local labor markets, the…more

Build-to-Suit, Construction Contracts, Construction Industry, Land Developers

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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General Motors New Terms and Conditions Effective July 15, 2013

General Motors has announced that Effective July 15, 2013, its general terms and conditions for direct material, customer care & aftersales (CCA) and tooling purchases are changing…more

Compliance, General Motors, Terms and Conditions

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The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal…more

Deadlines, Disclosure Requirements, EMMA, Enforcement, MCDC

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Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications. This…more

Ban the Box, Criminal Background Checks, Criminal Records, EEOC, Employer Liability Issues

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UDAAP Council Weekly UDAAP Standards Report - 12/10/2014

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the…more

Assignments, CFPB, Debt Collection, FDCPA, Foreclosure

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Amendments to Article 9 of the Uniform Commerical Code Go Into Effect

A number of amendments to Article 9 of the Uniform Commercial Code (“UCC”) went into effect in many states on July 1, 2013. Similar amendments are pending in a number of other states…more

Article 9, UCC

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Building the Oncology System of the Future: Transforming Patient Care Through Data Transparency and Analytics

Virtually everyone agrees that the time is now to seriously reexamine our fragmented, expensive healthcare system and to innovate sustainable approaches to curing its ills. At the center of this activity is the patient, as the…more

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Massachusetts High Court Expands Strict Liability for Building Code Violations

In an April 10, 2014, decision that expressly overruled its own 15-year old precedent, the Massachusetts Supreme Judicial Court has held that the owner of a building used as a place for a large number of people to gather will be…more

Building Codes, Building Standards, Strict Liability

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Death By Typo: Seventh Circuit Confirms That Security Agreements Must Be Error-Free

The most common, or at least the most preventable, way for a security interest to perish involuntarily is a drafting error made by the author of the security instrument. The Seventh Circuit recently confirmed a security…more

Commercial Bankruptcy, Contract Drafting, Corporate Counsel, Perfected Security Interest, Promissory Notes

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The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that adds…more

Corporate Counsel, Discrimination, Employer Liability Issues, New Legislation, Popular

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Knowledge of Benefit Required to Convict Insider Trading Tippees

In its important ruling on what the government must prove in a criminal insider trading prosecution, the Second Circuit reversed the convictions of two portfolio managers — throwing out their cases completely, with no new trial…more

Dell, Hedge Funds, Illegal Tipping, Insider Trading, Material Nonpublic Information

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Beneficiary Assignment in the Proposed Revised Medicare Shared Savings Program Regulations

This post addresses the changes that the rule would make to how CMS assigns beneficiaries to an ACO participating in the MSSP. The Proposed Rule places a renewed emphasis on primary care for beneficiary assignment. Section…more

ACOs, Assignments, Beneficiaries, CMS, Healthcare

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Another Day, Another Rule for Federal Contractors

As we previously noted, federal contractors have been besieged in recent months with regulatory changes and enforcement initiatives advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and various divisions…more

Contractors, Discrimination, DOL, Federal Contractors, Gender Identity

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Governor Vetoes Proposed Changes to California Franchise Law

To the surprise of many, California Governor Jerry Brown has vetoed the proposed changes to California’s franchise laws that were discussed in our Client Alert on August 28, 2014. In his veto message, Governor Brown criticized…more

Franchise Agreements, Franchises, Legislative Vetoes

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Recent Decision Underscores Need for Involvement of Counsel in Internal Investigations

A recent federal court decision raises concerns about the ability of companies to maintain privilege over materials generated in connection with internal investigations. The case, United States ex rel. Barko v. Halliburton…more

Corporate Counsel, Halliburton, Internal Investigations, Investigations, Qui Tam

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Federal Circuit Invalidates Myriad Primer and Method Claims as Lacking Subject Matter Eligibility

In a case styled as In re BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation (also known as Myriad v. Ambry), the Federal Circuit held four of Myriad’s “primer” claims and two of Myriad’s detection method claims…more

DNA, Genetic Materials, Guidance Update, Myriad v Ambry, Patent Litigation

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When It Comes to Confidentiality Agreements, Just Getting the Signature Is Not Enough

Automotive suppliers and other manufacturers frequently have to share their valuable intellectual property with third parties. A supplier might need to share CAD files with another supplier to ensure that the finished product…more

Confidential Information, Confidentiality Agreements, Signatures

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SCE Selects Suppliers for 261 MW in Energy Storage

Southern California Edison (SCE) announced the suppliers and projects it has selected for the largest grid-connected energy storage purchase in U.S. history. This energy storage procurement is more than five times greater than…more

CPUC, Energy, Grid Energy Storage, Power Grid, SCE

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Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the…more

Acquisitions, FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity

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Patent Law Treaties Implementation Act Passes, Streamlining International Registration of Industrial Designs

On December 5, 2012, the U.S. House of Representatives passed the Patent Law Treaties Implementation Act. The Senate previously passed the Act on September 22, 2012…more

Design Patent, Patents, Treaties

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U.S. Supreme Court: Silence Admissible

When faced with questions from a government investigator, a person’s silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer…more

Admissibility, Criminal Prosecution, Evidence, Jury Trial, SCOTUS

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Facilities Siting: The Right Considerations Lead to the Right Choice

According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility…more

Manufacturers, Manufacturing Facilities

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International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues

In a widely awaited opinion, the Seventh U.S. Circuit Court of Appeals in Chicago has issued an opinion which affects the scope of government enforcement actions and which purchasers may pursue private civil treble damage…more

Antitrust Provisions, Appeals, Cartels, Enforcement Actions, FTAIA

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Manufacturing and Infrastructure: Not Just About Economics – Our Own Security Depends on It

The call for dramatic improvements in America’s infrastructure as a critical driver in the reestablishment of the nation’s manufacturing supremacy is building momentum. But that’s only part of the story. Lost is the real…more

Critical Infrastructure Sectors, DHS, Infrastructure, Manufacturers, National Security

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EEOC's Changed Conception of Pregnancy Spawns New Litigation — and Important Reminders for Employers

Earlier this year, we noted that that the Equal Employment Opportunity Commission (“EEOC”) issued somewhat controversial enforcement guidance regarding pregnancy discrimination. It has now become evident that this enforcement…more

Adverse Employment Action, Corporate Counsel, EEOC, Employer Liability Issues, PDA

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U.S. Patent and Trademark Office Orders Cancellation of "REDSKINS" Trademark Registrations

On June 18, 2014, a divided panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of six of the Washington Redskins’ trademark registrations holding that “Redskins” was a…more

Blackhorse v Pro-Football, Disparagement, Football, Laches, Native American Issues

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No, Seriously: Don't Forget the Minimum Wage

Start-up companies are often in cost-saving mode, but when it comes to employees, be prepared to pay at least a minimum wage. Many companies forget about it. All companies, regardless of size, must pay either the…more

Employee Rights, Employer Liability Issues, Employer Mandates, Minimum Wage, Popular

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Employment Law Compliance Is Just the Beginning

Complying with the law is only the starting point when making sound and legally defensible employment decisions, such as discipline, terminations, denying accommodations, and so forth. Have you ever heard of a company that made…more

Compliance, Employer Liability Issues

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A Peek at the 60 Minutes GenePeeks Patents

On October 26, 2014, 60 Minutes aired a story called “Breeding Out Disease” that included a segment about GenePeeks, a company that uses genetic information from prospective parents to make thousands of “digital babies” and…more

CLS Bank v Alice Corp, GenePeeks, Genetic Materials, Genetic Services, Patent-Eligible Subject Matter

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Public-Private Manufacturing Innovation Institutes Announced

Following on the coattails of the Youngstown, Ohio, manufacturing hub, President Obama announced three more public-private manufacturing institutes – in North Carolina, Chicago and Detroit – to focus on advancing manufacturing…more

Barack Obama, Digital Goods, Electronics, Manufacturers, Metals

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What Does McCutcheon Mean for Wisconsin Campaign Finance Law?

On April 2, the United States Supreme Court released its much-anticipated decision in McCutcheon v. FEC, 572 U.S. __ (2014). The case was closely watched because it presented the Court the opportunity to revisit the framework of…more

FEC, McCutcheon v. FEC, Political Campaigns, Political Contributions, SCOTUS

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Restructuring The Private Club

Private golf clubs are facing a tidal wave of challenges, from the prolonged economic downturn, to an aging population unable to continue playing the game, to a general decline in demand for golf, to financial hardships facing…more

Golf, Golf Courses

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FERC Issues Policy Statement Clarifying Requirements for Capacity Allocation for Merchant Transmission Projects

On January 17, 2013, the Federal Energy Regulatory Commission (FERC) issued its Final Policy Statement regarding the allocation of capacity on new merchant and non-incumbent, cost-based, participant-funded transmission projects…more

Capacity Allocation, Compliance, Discrimination, Electricity, FERC

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Protect Your Safety Investigations and Deliberations From Prying Eyes

Every day companies deal with an ongoing safety analysis of their own products. These Safety Teams are routinely interdepartmental. The Safety Teams must consider design changes, manufacturing issues, potential recalls,…more

Manufacturers, Product Recalls, Risk Assessment, Risk Mitigation, Safety Inspections

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Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Arbitration, China, Counterfeiting, Discovery, Enforcement

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Diebold Resolves FCPA Charges for $48 Million

On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank…more

Compliance, DOJ, Enforcement Actions, SEC, Settlement

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Public Policy News

The Legislature returns on January 14, 2014 for a flurry of session days before final adjournment on April 3, 2014. With the biennial budget and many other GOP big ticket items passed, the agenda this spring will include no bold…more

Political Campaigns, Political Debates, Public Policy

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mHealth Technology – Development in an Uncertain Regulatory Climate

The development and use of mobile technologies and devices is expanding at an incredibly fast pace and is changing, and in fact revolutionizing, the way patients and healthcare providers interact. Mobile medical technologies or…more

FDA, Healthcare, HIPAA, Medical Devices, mHealth

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After the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases

In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate actors…more

Akamai Technologies, Contract Interpretation, Direct Infringement, Induced Infringement, Limelight Networks

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Seventh Circuit Limits the Use of the Federal Assignment Law under the False Claims Act

It’s common in the healthcare industry for large insurers to negotiate discounts from pharmacies for prescription drugs. The federal government, the granddaddy of all insurers, does this too, when it negotiates discounts on…more

Assignments, False Claims Act, Health Insurance, Healthcare, Medicaid

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Growing Judicial Acceptance of Predictive Coding Highlights the Need for Inside and Outside Counsel to Consider Its Use in Document Intensive Litigation

When predictive coding technology made its way into the public consciousness in or about 2011, the biggest barrier to its widespread use – and probably the second most common question for attorneys following these issues, right…more

Complex Litigation, Document Review, Predictive Coding

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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Finding Investors and Investments: What Do You Look For?

Matching investors and investments is a two-way street. Investors and companies alike look for a good fit. Strategic investors are ideal for most growth companies. However, every company seeking capital must ensure that it fits…more

Business Development, Funding, Investors

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Public Policy News

The Legislature returns on January 14, 2014 for a flurry of session days before final adjournment on April 3, 2014. With the biennial budget and many other GOP big ticket items passed, the agenda this spring will include no bold…more

Political Campaigns, Political Debates, Public Policy

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Ch Ch Ch Ch Changes: New VETS-4212 Report Means More Changes for Federal Contractors

Ch-ch-ch-ch-changes. David Bowie’s familiar refrain has become the motto of federal contractors everywhere as they struggle to keep pace with the numerous regulatory changes and enforcement initiatives currently being advanced…more

ADA, Affirmative Action, Amended Regulation, Discrimination, DOL

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Truth in Lending Act and Consumer Leasing Act Dollar Thresholds Raised: Fewer Transactions Exempt

More consumer credit and leasing transactions will be subject to the Truth in Lending Act (TILA) and Consumer Leasing Act (CLA) in 2015. Effective January 1, 2015, the dollar threshold for exemption of most consumer…more

CLA, Dodd-Frank, Exemptions, Regulation M, Regulation Z

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A Compilation of Enforcement and Non-Enforcement Actions - December 31, 2013

Investment Advisers — Are Your “IA Reps” Registered as Required? Why You Should Care - As we approach the end of the calendar year, it is a good time for investment advisers to check if all of its personnel who are…more

Chief Compliance Officers, Compliance, Enforcement, Enforcement Actions, Hedge Funds

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Could a Recent CMS Deregulation Regulation Save Health Care Providers $8 Billion?

As part of President Obama’s regulatory lookback initiative, the Centers for Medicare and Medicaid Services (CMS) issued a final rule last week (the “Rule”) that overhauled numerous staffing regulations affecting hospitals and…more

Affordable Care Act, CMS, Executive Orders, Healthcare, Healthcare Reform

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The SEC and Sustainability Shareholder Proposals

The SEC recently has encouraged “sustainability” shareholder proposals under Rule 14a-8. In their December 2013 INSIGHTS article, Foley attorneys Patrick Daugherty and Daniel Pieringer discuss strategies for manufacturers to…more

Manufacturers, SEC, Shareholder Activism

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Third Point LLC V. Ruprecht; Two-Tiered Poison Pill Withstands Judicial Review

In Third Point LLC v. Ruprecht, et al., C.A. No. 9469-VCP (Del.Ch. May 2, 2014), the Delaware Chancery Court denied a preliminary injunction challenging Sotheby’s stockholder rights plan, or so-called “poison pill,” which…more

Hedge Funds, Poison Pill, Shareholder Rights, Sothebys, Third Point

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Dash Cams – The Next Hot Gadget?

In recent years, event data recorders have been used by various safety organizations and administrative offices to capture information such as the speed of a vehicle or the use of a safety belt. All of this data was used by the…more

Cameras, Dashboard, Technology

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TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application

In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate…more

Assignments, Intent-to-Use, Trademarks, USPTO

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Recent Case Reminds Companies That, Though Much Embattled, Independent Contractor Classifications Can Be Valid

The dividing line between employees and independent contractors has been a hot topic in employment law for several years. In addition to the interest the federal government has taken in possible misclassification of employees,…more

Corporate Counsel, Employee Rights, Employer Liability Issues, FLSA, Independent Contractors

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CMS Invites Comment on Availability of Waivers for ACOs That Particularly Affect Post-Acute Care

Solutions and opportunities may be on the horizon for post-acute providers (“PAPs”) and hospitals participating (or thinking of participating) in ACOs that have reservations about taking on additional downside cost risk…more

ACOs, CMS, Comment Period, Health Care Providers, Healthcare

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Notice Regarding Marketplace Coverage Options Due October 1

The October 1, 2013 deadline for providing employees with a notice of their coverage options through the newly established public health insurance exchanges (referred to as the “Marketplace”) is quickly approaching. This news…more

Affordable Care Act, Deadlines, DOL, FLSA, Health Insurance Exchanges

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Ban the Ban-the-Box? Proposed Law May Clarify Background Check Dilemma in Regulated Industries

On the heels of the Equal Employment Opportunity Commission’s (EEOC) increased scrutiny regarding criminal history questions during the hiring process and the wave of new state ban-the-box laws, Congress has proposed legislation…more

Ban the Box, Corporate Counsel, Criminal Background Checks, EEOC, Employee Rights

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Finley Hospital — Beware the "Dynamic" Status Quo

One of the bedrock and usually easily understood principles underlying the National Labor Relations Act is that once a union gets involved with your employees, your right to make and implement unilateral decisions about wages,…more

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For Single-Enterprise Immunity, the Bottom Line May Be Having One Bottom Line

A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically…more

Ambulance Providers, Healthcare Providers, Hospitals, Immunity, Joint Contracting

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El Paso Electric Company Issues 25 MW Solar RFP

The El Paso Electric Company (EPE) has issued a request for proposals (RFP) seeking turnkey proposals for the engineering, procurement and construction of two (2) utility-scale solar energy generating facilities, with a combined…more

El Paso Electric, Electricity, Energy Projects, EPC Contractor, Request for Proposals

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Catapult Chicago: Big Progress for the Emerging Company Scene

Foley & Lardner’s Chicago office, home to Catapult Chicago, is proud to see the recent uptick in praise for the uniquely collaborative start-up community located in Chicago’s River North neighborhood, as it has made important…more

Economic Development, Emerging Growth Companies, Job Creation, Rahm Emanuel, Startups

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Iowa Supreme Court Decision Boosts Renewable Energy Development

A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision),…more

Electricity, Energy, Energy Projects, Power Purchase Agreements, Renewable Energy

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Recent Notable Industry Developments

Following SEC Chair Mary Jo White’s recent remarks suggesting a change to the SEC’s long-standing policy of permitting defendants to settle cases “without admitting or denying” the SEC’s allegations of wrongdoing, co-Directors…more

CBOE, Enforcement Actions, FINRA, Mary Jo White, Neither Admit Nor Deny Settlements

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ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute…more

Employee Rights, ERISA, FMLA, Parental Rights, Preemption

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IRS Releases New Guidance on Beginning of Construction

The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine…more

Energy Projects, Equity Investors, Geothermal Energy, Hydropower, Investment Tax Credits

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CFPB and FTC Stop Two Payday Lending Scams

In separate suits brought by the Consumer Financial Practices Bureau (“CFPB”) and the Federal Trade Commission (“FTC”) federal courts have frozen the assets of two separate groups who allegedly defrauded consumers by creating…more

CFTC, Enforcement Actions, Fraud, Frozen Assets, FTC

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The Confused USPTO Policy on Certified Copies of Patent Applications

Obtaining certified copies of patent applications can be essential to perfecting a priority claim. But when a U.S. priority application contains a sequence listing, USPTO practices make it difficult to satisfy this requirement…more

Patent Applications, Patents, Required Documentation, USPTO

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Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and apply…more

Auto Manufacturers, Auto Parts, Automotive Industry, Chrysler, Manufacturers

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HHS Withdraws Proposed 340B Drug Pricing Program "Mega Regs": Further Guidance Forthcoming

The Department of Health and Human Services (HHS) has withdrawn its greatly anticipated 340B Drug Pricing Program (340B Program) proposed regulations. The proposed regulations, nicknamed the 340B Program “Mega-Regs,” had been…more

HHS, HRSA, Prescription Drugs, Proposed Regulation, Section 340B

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Contemporary Clothing's "Look" Collides With Title VII

There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious…more

EEOC, Employer Liability Issues, Enforcement Actions, Fashion Industry, Religious Clothing

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Hospice Industry Will Face Stricter Scrutiny Under New Law Aimed at Post-Acute Care Data Standardization

President Obama signed the “Improving Medicare Post-Acute Care Transformation Act of 2014” or the IMPACT Act of 2014 (the Act) on October 6, 2014. The new law is broadly focused on requiring all post-acute care providers to…more

Barack Obama, Home Health Care, Hospice, IMPACT Act, Inpatient Rehab Facilities

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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I Can't Work Saturday, I am Working at a Food Drive That Was Organized by My Church...What's an Employer to Do?

It is no secret that controlling costs in today’s Automotive Industry is a must. Companies are employing smaller workforces to cut labor costs and are using real time ordering and supply to cut inventory surpluses and better…more

Automotive Industry, Employer Liability Issues, Reasonable Accommodation, Religious Exemption, Title VII

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Defensive Publication: An Alternate Way of Maintaining Your Turf in a Competitive Marketplace

It is common knowledge that the bread-and-butter of emerging startups lies in securing exclusive rights to key aspects of their implicated technology. Staking claims to valuable IP assets via direct ownership or exclusive…more

America Invents Act, Patent Prosecution, Patents, Prior Art, Startups

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A Familiar Riff: Gibson's Trade Dress Application Once Again Asks Whether a Guitar Body Shape Can Indicate Source

In the same way that Rock and Roll will never die (according to Neil Young) it would appear that battles over the protection of trade dress embodied in the shape of guitars will likewise never die. In the latest installment of…more

Gibson Guitar, Manufacturers, Music Industry, Trade Dress, Trademark Trial and Appeal Board

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Argentina: Favorable Venue for Manufacturers Licensing Their Technology/Intellectual Property Rights

Argentina, together with Brazil and Mexico, are Latin America’s three largest economies representing more than 80 percent of the region’s manufacturing output. In addition, Argentina has proven to be a favorable venue for…more

Licenses, Manufacturers, Patents, Popular, Technology

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Realizing the Potential of Telemedicine in China, Part 1: Protecting Your IP

This post is the second in Foley’s blogs on China telemedicine and the first in the blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese…more

China, Contract Formation, Due Diligence, Healthcare, Partnerships

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Non-Enforcement

When the U.S. Congress passed the crowdfunding exemption under the Jumpstart Our Business Startups Act (the “Jobs Act”) in 2012, there was much anticipation and optimism for the ability of issuers of securities to be able to…more

Alternative Investment Funds, Closed-End Funds, Crowdfunding, JOBS Act, Public Offerings

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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Grand Theft PHI – Are Vendors Putting You at Risk for a HIPAA Breach?

Your vendor’s employee goes home after a long day of collecting wellness questionnaires and biometric screening results only to wake up the next day to discover that her car has been stolen from her driveway. As you can imagine,…more

Biometric Data, Data Protection, Employer Liability Issues, HHS, HIPAA

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Commission Tightens Rules of Exemption Under the EU De Minimis Safe Harbor

On June 25, 2014, the European Commission (Commission) adopted revised rules on agreements of minor importance which do not appreciably restrict competition (the so-called “De Minimis Notice”) and providing a safe harbor from…more

De Minimus Quantity Exemption, EU, European Commission, Safe Harbors, TFEU

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Analysis of Amendments to Federal Rules of Civil Procedure 45 and 37

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance…more

Federal Rules of Civil Procedure, Proposed Amendments, Rule 37, Rule 45, SCOTUS

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Privacy Issues in the Sharing of Genetic Information

Scientific breakthroughs and technological advancements have led to the emergence of personalized medicine — a practice based on the use of an individual's genetic profile to guide health care decisions made about the…more

Genetic Materials, Healthcare, Medical Research, Personalized Medicine, Privacy Laws

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Medicare Announces Pay Increases for Psychiatric, Skilled Nursing and Rehabilitation Providers in Fiscal Year 2015

According to the rules released last Thursday by the Centers of Medicare and Medicaid Services (CMS), Medicare will increase payment to inpatient psychiatric hospitals, inpatient rehabilitation facilities and skilled nursing…more

CMS, Healthcare, Medicare, Nurses, Psychiatric Hospitals

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ICANN Opens Trademark Clearinghouse as Part of Imminent Domain Name Expansion

With the launch of possibly hundreds of new generic top-level domains (gTLDs) on the horizon, the Internet Corporation for Assigned Names and Numbers (ICANN) will open on March 26, 2013 the Trademark Clearinghouse (TMCH), in…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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The Line Out of This Place Is as Long as the Amazon.com River

This month, the U.S. Supreme Court heard argument in a case that would seem to raise easy enough questions: When does an employee’s workday begin and end? What activities count as “work”? However, these questions have given way…more

Amazon, Employee Rights, SCOTUS, Wage and Hour, Wages

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Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and apply…more

Auto Manufacturers, Auto Parts, Automotive Industry, Chrysler, Manufacturers

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Entrepreneurs: The New Wave of Immigrants

In the last ten years, the number of US companies started by foreign-born entrepreneurs has skyrocketed. From Google, Facebook, LinkedIn, Zip Car and Tesla, foreign-born founders created some of the most successful US companies…more

Entrepreneurs, Facebook, Foreign Nationals, Google, LinkedIn

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AAA Makes Substantial Revisions to Commercial Arbitration Rules

The American Arbitration Association (“AAA”) issued new Arbitration Rules and Mediation Procedures governing commercial disputes for AAA commercial arbitrations initiated on or after October 1, 2013. Arbitration proceedings…more

American Arbitration Association, Arbitration, Commercial Arbitration

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CMS Releases Proposed Revised Medicare Shared Savings Program Regulations

The Centers for Medicare and Medicaid Services released, on December 1, 2014, a proposed rule to revise the Medicare Shared Savings Program (“MSSP”) Accountable Care Organization (“ACO”) Regulations. The proposed rule is…more

ACOs, Affordable Care Act, American Hospital Association, CMS, Medicare Shared Savings Program

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PARTS Act Could Limit Automotive Design Patent Enforceability to 2.5 Years

On April 23, 2013, H.R. 1663 “Promoting Automotive Repair, Trade, and Sales Act of 2013’’ or the ‘‘PARTS Act’’, was referred to the House Judiciary Committee. Similar bill H.R. 3889 died in committee last year. The proposed bill…more

Automotive Industry, Design Patent, PARTS Act, Patents, Proposed Legislation

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Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the same…more

Aereo, Broadcasting, Copyright, Copyright Infringement, SCOTUS

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Is America Ready for "Made in the U.S.A." Clothing?

While the reshoring tide is undeniably rising, the prospect of clothing and apparel manufacturing returning to the United States remains uncertain. Back in the 1960s, about 95% of clothing worn in the U.S.A. was also made here…more

Fashion Industry, Manufacturers, Supply Chain

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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A Familiar Riff: Gibson's Trade Dress Application Once Again Asks Whether a Guitar Body Shape Can Indicate Source

In the same way that Rock and Roll will never die (according to Neil Young) it would appear that battles over the protection of trade dress embodied in the shape of guitars will likewise never die. In the latest installment of…more

Gibson Guitar, Manufacturers, Music Industry, Trade Dress, Trademark Trial and Appeal Board

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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How California’s New LLC Law Will Impact Existing and New California LLCs

On January 1, 2014, California’s Beverly-Killea Limited Liability Company Act (“Old Act”) was superseded by the California Revised Uniform Limited Liability Company Act (“New Act”). California legislators were concerned that the…more

Articles of Incorporation, Limited Liability Companies, LLC, Operating Agreements, RULLCA

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Supreme Court: Generic Computer Implementation Does Not Render Abstract Ideas Patentable

On June 19, 2014, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, No. 13-298, which was previously discussed. In a unanimous opinion by Justice Thomas, the Court held, consistent with its precedent, that…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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NHTSA's September Scrutiny

September was a difficult month for NHTSA. During one week alone, a New York Times article blasted NHTSA for failing to investigate a number of defects that later resulted in injuries and fatalities and, ultimately, recalls; the…more

Automobile Recall, Automotive Industry, Car Accident, General Motors, NHTSA

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Discharge for Medical Pot Use Does Not Prevent Receipt of Unemployment Benefits

The prevalence of medical marijuana cards in the worker population in the auto industry has increased significantly since Michigan first passed the Michigan Medical Marihuana Act (MMMA) in 2008. While a medical marijuana card is…more

Automotive Industry, Drug Testing, Employer Liability Issues, Hiring & Firing, Medical Marijuana

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The SEC’s Municipal Advisor Rule Will Prompt New Practices for Market Participants

A new rule will take effect on July 1, 2014 that regulates persons and firms that provide advice to municipal issuers and obligated parties regarding municipal financial products or the issuance of municipal securities. Although…more

Compliance, Dodd-Frank, MSRB, Municipal Advisers, SEC

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Puerto Rico: A Haven for Manufacturers?

Perhaps not surprisingly to those familiar with the tropical island, manufacturing remains a key driver of economic activity in Puerto Rico. Indeed, manufacturing accounts for 45% of Puerto Rico’s GDP (compared to 11% in the…more

International Labor Laws, International Tax Issues, Manufacturers

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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How to Prepare Your Hospital or Medical Practice for a Meaningful Use Audit

For the past several years, the Centers for Medicare and Medicaid Services (“CMS”) has incentivized hospitals and eligible professionals to adopt and make “meaningful use” of certified electronic health records (“EHR”)…more

Audits, CMS, Electronic Health Record Incentives, Healthcare Facilities, Hospitals

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The Creeping Union Part II: Why You Should Start Planning Now

In our last post, we summarized the 2011 Specialty Healthcare decision and the potential for the NLRB to recognize an unduly burdensome number of smaller collective bargaining units. So far, cases interpreting Specialty…more

Collective Bargaining, Employer Liability Issues, Macy's, Neiman Marcus, NLRB

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Knowledge of Benefit Required to Convict Insider Trading Tippees

In its important ruling on what the government must prove in a criminal insider trading prosecution, the Second Circuit reversed the convictions of two portfolio managers — throwing out their cases completely, with no new trial…more

Dell, Hedge Funds, Illegal Tipping, Insider Trading, Material Nonpublic Information

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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Whistleblowers Must Have Independent Knowledge to Actually Blow the Whistle

To bring a valid qui tam action and overcome the so-called “public disclosure bar” under the False Claims Act (“FCA”), a whistleblower must have direct knowledge of the alleged fraudulent activity, independent of already…more

False Claims Act, Kickbacks, Pharmaceutical Manufacturers, Public Disclosure, Qui Tam

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Facilities Siting: The Right Considerations Lead to the Right Choice

According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility…more

Manufacturers, Manufacturing Facilities

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7th Circuit Confirms That “Sorry for Partying” Is Fair Use; Questions Transformative Use Test

In 1969, while a student at the University of Wisconsin-Madison, Paul Soglin was arrested at the first Mifflin Street Block Party, a student protest of the Vietnam War. Over forty years later when that same Paul Soglin (now as…more

Copyright, Fair Use, Transformativeness

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EU Moves Closer to a "Unitary" Patent Regime for Obtaining and Litigating Patents in Europe

On December 11, 2012, the European Parliament approved a set of three proposals to create (1) a “unitary” patent valid across 25 EU member states, (2) a simplified language regime for EU patents, and (3) a unified patent court…more

EU, Patents, Unified Patent Court, Unitary Patent

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CMS Proposes Sharing More Data With ACOs Participating in the Medicare Shared Savings Program

CMS may be ready to ramp up the data it is willing to share with Accountable Care Organizations (“ACOs”) that participate in the Medicare Shared Savings Program (“MSSP”). CMS explained in the November 2011 final rule that…more

ACOs, CMS, Data-Sharing, Final Rules, Healthcare

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Transforming the China Automotive Industry – Finding a Path Forward

The Global Automotive Forum 2014 was held in Wuhan, China October 16-17. This was the fifth annual convening of the event by the China Council for the Promotion of International Trade (CCPIT), the last two of which have been…more

Automotive Industry, China, Popular

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A Compilation of Enforcement and Non-Enforcement Actions

SEC Proposes Extension of Principal Trade Rule for Registered Advisers/Broker-Dealers - The SEC has proposed extending to December 31, 2016, the sunset date for the expiration of Rule 206(3)-3T (the “Rule”) under the…more

Broker-Dealer, Compliance, Enforcement, Enforcement Actions, Fraud

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Expanded Exemption for Religious Employers Regarding Women's Contraceptive Services

The Patient Protection and Affordable Care Act requires non-grandfathered group health plans to cover preventive services at no cost. For women this includes all FDA-approved contraceptive methods, sterilization procedures, and…more

Affordable Care Act, Contraceptive Coverage Mandate, Exemptions, Religious Institutions, Self-Insured Health Plans

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Knowledge of Benefit Required to Convict Insider Trading Tippees

In its important ruling on what the government must prove in a criminal insider trading prosecution, the Second Circuit reversed the convictions of two portfolio managers — throwing out their cases completely, with no new trial…more

Dell, Hedge Funds, Illegal Tipping, Insider Trading, Material Nonpublic Information

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Some Gramm-Leach-Bliley Notices Can Now Be Posted Online

Some banks and other organizations covered under the Gramm-Leach-Bliley Act (GLBA) may now post their privacy policies online rather than having to mail them annually. Earlier this week, the Consumer Financial Protection Bureau…more

Annual Notices, Banks, CFPB, Final Rules, Financial Institutions

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Governor Vetoes Proposed Changes to California Franchise Law

To the surprise of many, California Governor Jerry Brown has vetoed the proposed changes to California’s franchise laws that were discussed in our Client Alert on August 28, 2014. In his veto message, Governor Brown criticized…more

Franchise Agreements, Franchises, Legislative Vetoes

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Before Driverless Cars, Questions

Although it is unclear when autonomous vehicles will be hitting the roads, what is clear is that this technology is coming. Automakers to suppliers to lawmakers to insurers will want to carefully consider the following issues…more

Auto Manufacturers, Cybersecurity, Driverless Cars, Ethics, Google

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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U.S. Regulations Can Raise Risks for Reshoring and Next-Generation Manufacturing

More than a third of United States businesses are either bringing back or considering bringing back manufacturing activity to the U.S. through “reshoring.” Although one would think that bringing production back to the U.S. would…more

Corporate Counsel, Manufacturing, Offshoring, Reshoring, Reshoring Investments

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“But I Didn’t Know You Were Working…”

We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock”…more

Corporate Counsel, Employer Liability Issues, Over-Time, Unpaid Overtime, Wage and Hour

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Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and apply…more

Auto Manufacturers, Auto Parts, Automotive Industry, Chrysler, Manufacturers

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Are Loan Documents Enforceable in Wisconsin?

Three recent decisions call attention to the fundamental issue of the extent to which courts will enforce loan agreements and guaranties in accordance with their terms rather than imposing uncertain standards of fairness,…more

Good Faith, Loan Documentation, Loans

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Florida’s False Claims Act – Did You Know It Changed Last Year?

In June 2013, Florida’s legislature significantly amended Florida’s False Claims Act, Fla. Stat. §§ 68.081-68.092 (“FFCA”), effective July 1, 2013. Although these amendments have not received much publicity or commentary, they…more

False Claims Act, False Reporting, Florida, Fraudulent Inducement, Misrepresentation

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The Next Cleat Drops… College Athletes Sue for Unpaid Wages

If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago…more

Athletes, College Athletes, Employee Rights, FLSA, NLRA

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7th Circuit Upholds Regional Cost Allocation for MISO Transmission Projects

The U.S. Court of Appeals for the Seventh Circuit recently upheld MISO’s FERC-approved multi-value project (MVP) tariff, which spreads the costs of constructing certain new transmission lines across the entire MISO footprint…more

Energy Consumption, FERC, MISO, Renewable Energy, Tariffs

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State AGs Urge FTC to Strengthen Telemarketing Sales Rule

This week, 38 state Attorneys General (AGs) submitted comments to update the Telemarketing Sales Rule (TSR). In a letter to the Federal Trade Commission (FTC), the AGs called for a number of new requirements as part of the FTC’s…more

Attorney Generals, FTC, Telemarketing, Telemarketing Sales Rule

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The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal…more

Deadlines, Disclosure Requirements, EMMA, Enforcement, MCDC

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Lawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire

A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car dealerships…more

Local Ordinance, Motor Vehicles, New Regulations, Special Purpose Vehicles

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Knowledge of Benefit Required to Convict Insider Trading Tippees

In its important ruling on what the government must prove in a criminal insider trading prosecution, the Second Circuit reversed the convictions of two portfolio managers — throwing out their cases completely, with no new trial…more

Dell, Hedge Funds, Illegal Tipping, Insider Trading, Material Nonpublic Information

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Are Search Terms Work Product?

Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search…more

Apple, Discoverable, Discovery, Document Productions, Document Review

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Customer Collaboration and Predictive Analytics Can Lead to Successful Product Manufacturing

Advanced manufacturing companies increasingly implement “Intellectual Property Plus,” an expanded view of IP assets and risks. Through this lens, companies incorporate customer expectations and preferences in new product…more

Manufacturers, Patents, Popular, Technology

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New Requirements for NHTSA Recalls and Early Warning Reporting Become Effective October 21

In August, NHTSA adopted numerous amendments to its recall and early warning reporting (EWR) regulations. (See 78 Federal Register 51382 (Aug. 20, 2013)). Several of these amendments – which impact all vehicle and equipment…more

Defect, Early Warning Regime, NHTSA, Product Recalls, Safety Precautions

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The "Equal Pay Report" - Yet Another New Regulation Requiring Compliance by Federal Contractors

The Equal Pay Report – yet another obligation being imposed on federal contractors is coming to you soon. The Office of Federal Contract Compliance Programs (“OFCCP”) released information on another new rule that will require…more

DOL, EEO-1, Employer Liability Issues, Equal Pay, Federal Contractors

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Manufacturers in Great Lakes Region Convene to Address “Skills Gap”

We hear it from manufacturers all the time—the U.S. labor pool lacks enough skilled laborers to support high-tech manufacturing. In Chicago, the topic was addressed May 20, 2014, at the annual Crain’s Manufacturers Summit. Foley…more

Hiring & Firing, Manufacturers, Skilled Laborers, Training

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Freedom From Religion Foundation: 7th Circuit Reminds That Standing Is Every Plaintiff's Cross to Bear

There is something to be said for not paying your taxes. At least, that is one lesson that the plaintiffs may have learned from the Seventh Circuit’s opinion last Thursday in Freedom from Religion Foundation, Inc. v. Lew, No…more

Churches, Establishment Clause, Federal Jurisdiction, Freedom From Religion Foundation, IRS

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CFPB to Shine Spotlight on Mini-Correspondent Mortgage Lending?

On July 9, 2014, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued Policy Guidance on the issue of Mortgage Brokers Transitioning to Mini-Correspondent Lenders (“Policy Guidance”), which highlights risks and…more

CFPB, Lenders, Mini-Correspondent, Mortgage Brokers, Mortgages

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"Summertime and the Livin' Is Easy" Tips to Make Sure "Tips" Don’t Create Problems Down the Road

Summertime can be the high season for many service establishments, such as restaurants, hotels and recreational facilities, as we all take some time to relax and enjoy the weather. But with wage and hour litigation constantly on…more

Employer Liability Issues, Resorts & Restaurants, Restaurant Industry, Tips, Wage and Hour

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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U.S. Supreme Court Reins in Bankruptcy Court Authority Under § 105(a)

On March 4, 2014, the United States Supreme Court issued its decision in Law v. Siegel, 571 U.S. __ (Mar. 4, 2014) and held that the bankruptcy court exceeded its authority under section 105(a) of the Bankruptcy Code and its…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Homestead Exemption, SCOTUS

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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Medicare Issues Final Rules for Hospital Outpatient and Ambulatory Surgery Center Payment Systems

On November 15, 2012, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register final rules that would, among other things, update payment policies and rates under the Outpatient Prospective Payment…more

CMS, Medicaid, Medicare

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To Pay (Directors) or Not to Pay – That is the Question

The question of whether to pay the directors of a tax-exempt organization is hotly contested. Although this practice is legal, there can be drawbacks with providing compensation. Despite the perceived hesitancy to compensate…more

Charitable Organizations, Directors, Healthcare, Non-Profits, Tax Exemptions

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Fetal Diagnostics Patent Claims Fall in Inter Partes Review

Post grant inter partes review proceedings have lowered the hurdle to invalidate U.S. patents. The “broadest reasonable construction” of the claims and the lower burden to prove invalidity (by a preponderance of the evidence) of…more

Claim Construction, Inter Partes Review Proceedings, Patent Trial and Appeal Board, Patents

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Responding Effectively to Third-Party Subpoenas

It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s…more

Debt Collectors, Discovery, Document Productions, HIPAA, Subpoenas

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Physician and Teaching Hospital Sunshine Act Registration to Begin June 1

Under the Physician Payments Sunshine Act, pharmaceutical and medical device manufacturers and group purchasing organizations (GPOs) are required to annually report payments or other transfers of value made to physicians and…more

GPOs, Healthcare, Medical Devices, Pharmaceutical, Sunshine Act

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"Possession, Custody, Or Control" In eDiscovery

Federal Rule of Civil Procedure 34(a) requires litigants to produce documents – including, of course, ESI – so long as those documents are in their “possession, custody, or control.”…more

Custody Rule, Discovery, Document Productions, Technology

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Patent Office Extends AFCP 2.0 to December 2013

The United States Patent and Trademark Office (USPTO) just announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended to December 14, 2013. The AFCP 2.0 was previously scheduled to expire on September…more

AFCP, Extensions, Patent Applications, Patents, Request for Continued Examination

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Electronic Discovery Costs and Requests for Cost-Shifting

A supplier who has had to respond to discovery requests that seek electronically stored information (“ESI”) knows there is a general presumption that the responding party bears the expense of complying with the discovery…more

Cost-Shifting, Discovery, Electronically Stored Information

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Three Key Components to Physician Buy-In for Telemedicine

It appears some people believe physicians are slow adopters to new avenues of health care delivery. Our recent survey of senior-level health care executives identified securing physician support as their second largest challenge…more

Healthcare, Physicians, Telemedicine

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Enforcement of Forum Selection Clauses Just Got Easier

The U.S. Supreme Court’s recent decision in Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for the W. Dist. of Tex., et al., No. 12-929, 2013 U.S. LEXIS 8775, 571 U.S. ___ (2013), provides needed clarity not only on the…more

Forum, Forum Selection Clause, SCOTUS

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Copyright and Patent Implications of Supreme Court's First Sale Doctrine Ruling

In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of copies…more

Copyright, Exports, First Sale Doctrine, Grey Market, Imports

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“Enablement, Enablement, Enablement”: Evaluating the Strength of a Provisional Patent

There’s an old saying that, when it comes to establishing the value of real property, it’s all about “location, location, location.” When it comes to intellectual property, it can be said that it’s all about “enablement,…more

Patent Applications, Patents, Provisional Applications

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Shifting Gears: General Motors Invests in Logistics

General Motors’s (GM) new Arlington, Texas, stamping plant is the 10th contiguous stamping plant added to GM’s global operations in the last five years. And, there’s a reason for that. Actually there are several. The realigned…more

Auto Manufacturers, Automotive Industry, General Motors, Risk Mitigation

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Time Is Running Out to Complain About the Complaint Portal

The CFPB maintains a public Consumer Complaint Database through which consumers may file complaints regarding financial services and products (commonly referred to as the “Complaint Portal”). The CFPB currently discloses certain…more

CFPB, Complaint Procedures, Consumer Complaint System

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Privacy: What the World Has to Say About It

Let’s face it: technology has made the world smaller. It’s no longer extraordinary for what was once termed a “mid-sized” or “regional” company to trade and outsource in foreign markets. Indeed, the Internet has made it…more

Data Protection, EU, EU Data Protection Laws, Privacy Laws, Privacy Policy

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Do You Need a Pre-Nup … for Your Co-Founders?

When you pop the question, “Will you co-found with me?”, you are probably not already thinking about separation. However, not all partnerships will go the distance. Personalities will clash. Creative visions will differ…more

Restricted Stocks, Shareholders, Shareholders' Agreements, Startups, Stock Repurchases

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Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines

In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures Act…more

Affiliated-Business Arrangements, Compliance, HUD, RESPA, Rule of Lenity

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IRS Releases Favorable Private Business Use Rules for Facilities Financed With Tax-Exempt Bonds

On October 24, 2014, the IRS released Notice 2014-67, which establishes more favorable safe harbors for types of service contracts and other arrangements using property financed with tax-exempt bonds. The Notice also provides…more

Bonds, IRS, Safe Harbors, Service Contracts, Tax Exemptions

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FTC Loses Another Privilege Battle

In two recent cases, the FTC has brought federal court challenges to either parties’ or subpoena recipients’ claims of privilege – and so far, the FTC has lost both times. For attorneys who regularly practice before the FTC, or…more

Board of Directors, Business Privilege, FTC, Litigation Privilege, Subpoenas

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Commission Tightens Rules of Exemption Under the EU De Minimis Safe Harbor

On June 25, 2014, the European Commission (Commission) adopted revised rules on agreements of minor importance which do not appreciably restrict competition (the so-called “De Minimis Notice”) and providing a safe harbor from…more

De Minimus Quantity Exemption, EU, European Commission, Safe Harbors, TFEU

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Paycard Use Comes With Convenience, Regulation

For some employers, paycards have become a convenient and cost-effective alternate method to pay their workers, and for employees to have fast and easy access to their wages. Even direct deposit, for all the administrative ease…more

Corporate Counsel, New Legislation, Payroll Cards, Pending Legislation, Wages

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New Guidance From the Federal Circuit on Motions to Stay Litigation Pending a PTAB Proceeding

In VirtualAgility Inc. v. Salesforce.com, Inc., No. 2014-1232 (July 10, 2014), the Federal Circuit issued its first opinion directed to the issue of when it is appropriate to grant a stay of a district court patent infringement…more

Covered Business Method Patents, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Litigation, Patent Trial and Appeal Board

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SEC Wins Victory in Conflict Minerals Rules Litigation

The SEC’s conflict minerals rules have withstood judicial challenge — so far. On July 23, 2013, the U.S. District Court for the District of Columbia rejected the summary judgment motion of the plaintiffs challenging the conflict…more

Conflict Mineral Rules, Dodd-Frank, First Amendment, Free Speech, Minerals

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Senate Commerce Committee Approves Nomination of Mark Rosekind to Head NHTSA

The Senate Commerce Committee approved the nomination of Dr. Mark R. Rosekind, on December 9, 2014, to become the next Administrator of the National Highway Traffic Safety Administration (NHTSA). Full approval by the Senate…more

Federal Highway Administration, NHTSA, Political Appointments, Trucking Industry

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Mental Health and the Workplace — Accommodations

Depression. Anxiety. Bipolar Disorder. These and similar mental health diagnoses may affect your boss, the CEO of your company, the head of HR, your assistant, two of your peer workers, or maybe even you…more

ADA, Best Management Practices, Corporate Counsel, Mental Health, Reasonable Accommodation

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Zelda Williams and Social Media Decency

Social media commentators can be feral. This is largely due to a psychological phenomenon known as the online disinhibition effect. The relative anonymity of social media communications, for some, opens the door for cruel and…more

Communications Decency Act, Cyberbullying, Legal Perspectives, Popular, Social Media

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Department of Energy Makes it Easier to Access Low-Interest Financing

The U.S. Department of Energy is overhauling a $16 billion low-interest financing program to fund new technologies such as efficient engines, lightweight materials, and low-friction tires. This program, titled the Advanced…more

DOE, Energy Efficiency, Financing, Technology

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Telephone Consumer Protection Act Express Consent Narrowed Again

Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the…more

Debt Collection, Prior Express Consent, TCPA

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Stakeholders Testify on Patent Subject Matter Eligibility

On May 9, 2014, the USPTO held a public forum on the USPTO’s new patent subject matter eligibility guidance (the “Guidance”). In promoting the forum, the USPTO stated that it wished to “to receive public feedback from…more

Patent Applications, Patent-Eligible Subject Matter, Patents, USPTO

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Evolving Healthcare Trends & Patents: Charting a Safe Course for Personalized Medicine

Rapid changes resulting from personalized medicine, including the ability to use individual patient biomarker data to generate a tailored treatment, are transforming healthcare. New business structures are evolving in the…more

AMP v Myriad, Healthcare, Healthcare Reform, Mayo v. Prometheus, Patent Infringement

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New SEC Chair: What It May Mean for the Municipal Securities Market

Participants in the municipal securities market should take particular interest in the appointment of Elisse B. Walter as chair of the SEC. Her close association with regulation of the municipal securities market makes it likely…more

Dodd-Frank, Elisse B. Walter, MSRB, Municipal Securities Market, SEC

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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Multiple Requests for Extension of Medical Leave – Three Strikes and the Employee Is Not Out!

A recent Americans with Disabilities Act case is a reminder the employers must proceed carefully before denying repeated requests for extensions of medical leave by an employee. In the case, the employer had a “personal leave”…more

ADA, Employee Rights, Employer Liability Issues, FMLA, Reasonable Accommodation

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Recent Notable Industry Developments

Following SEC Chair Mary Jo White’s recent remarks suggesting a change to the SEC’s long-standing policy of permitting defendants to settle cases “without admitting or denying” the SEC’s allegations of wrongdoing, co-Directors…more

CBOE, Enforcement Actions, FINRA, Mary Jo White, Neither Admit Nor Deny Settlements

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Privacy Issues in the Sharing of Genetic Information

Scientific breakthroughs and technological advancements have led to the emergence of personalized medicine — a practice based on the use of an individual's genetic profile to guide health care decisions made about the…more

Genetic Materials, Healthcare, Medical Research, Personalized Medicine, Privacy Laws

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Bullies at Work? It’s Time to Take Action Because It May Be More Common Than You Think

You may recall some recent high profile stories in the media involving teenagers committing suicide as a result of being bullied by their peers. However, bullying is not limited to the playground or teenagers engaged in social…more

Employer Liability Issues, Hostile Environment, Title VII, Workplace Bullying

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Mexican Renewables - Set for a Boom; Waiting for Guidance

The sunset date for the 30% ITC is coming into view for developers of U.S. solar projects. The U.S. domestic solar market is also becoming increasingly competitive. The PTC for wind has already expired except for projects unless…more

Energy Policy, Energy Projects, Mexico, Renewable Energy, Solar Energy

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Investor Updates: Best Practices and Useful Tips from an Angel Investor

As an angel investor and lawyer I see a good number of investor updates, but I don't see companies sending them frequently enough and they don't usually include some of the most important content should be communicated to the…more

Angel Investors, Investors

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CMS Releases Medicare Part B Supplier Billing and Payment Data

Potential for Increase in Whistleblower Litigation - On April 8, 2014, The Centers for Medicare & Medicaid Services (CMS) released, with tremendous fanfare, hundreds of thousands of points of billing data regarding…more

CMS, False Claims Act, Medicare, Medicare Part B, Whistleblowers

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Department of the Interior Conducts Second Offshore Wind Auction

On September 4, 2013, the Interior Department’s Bureau of Ocean Energy Management (“BOEM”) held its public auction of the first federal lease for an offshore wind energy site off the Mid-Atlantic coast…more

Auction, BOEM, Department of the Interior, Leases, Offshore Wind

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Huge Jury Award in Pregnancy Discrimination Case – But Will It Stick?

Causing waves to travel through the legal community, a California jury has recently ordered a woman’s former employer to pay her $186 million in punitive damages. In the case, the woman claimed that she had been demoted after…more

Adverse Employment Action, Employer Liability Issues, Jury Awards, PDA, Pregnancy Discrimination

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Next-Generation Manufacturing Should Place Greater Emphasis on Trade Secret Concerns

Picking up on our discussion last week about the pending Defend Trade Secrets Act of 2014, recent testimony by Eli Lilly’s Vice President and General Patent Counsel, Douglas K. Norman in support of this legislation offers a good…more

Defend Trade Secrets Act, Manufacturers, Trade Secrets

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Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)…more

Exemptions, Medical Devices, MRI, Property Tax

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5 Intellectual Property Considerations for Startups - Part II

Time and time again, many startups tout their solution as better, faster or more user friendly than their competitors’, not realizing that the competitors also make the same claims. By doing so, they sound like every other…more

Entrepreneurs, Patent Ownership, Patents, Popular, Startups

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Apple, Inc. - A Case Study in Successful Exploitation of Design and Innovation

Some of the world’s strongest consumer products companies have achieved this success by harmoniously integrating technical innovation and distinctive product design. Worldwide brands such as Bang & OlufsenTM are built on…more

Apple, Design Patent, Innovation, Patents

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly…more

Competition, Contract Drafting, DOJ, Most-Favored Nations

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First-Ever HIPAA Settlement Involving Fewer Than 500 Patients Announced

On January 2, 2013, the U.S. Department of Health and Human Services (HHS) announced a settlement with the Hospice of North Idaho (HONI) for potential HIPAA violations…more

Compliance, Data Breach, Data Protection, Health Information Technologies, HHS

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Cadillac Moving to the Big Apple

General Motors’ Cadillac luxury car division, founded in Motown and named for the city’s founder, is moving 650 miles east to New York’s SoHo neighborhood. Cadillac, which has been steadily losing sales to its foreign rivals, is…more

General Motors

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White House Issues Executive Actions and Legislative Recommendations for High-Tech Patent Issues

On June 4, 2013, the White House issued a press release through the Office of the Press Secretary identifying five executive actions and seven legislative recommendations primarily directed at reducing or discouraging the…more

Barack Obama, Non-Practicing Entities, Patent Reform, Patent Trolls, Patents

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Some Gramm-Leach-Bliley Notices Can Now Be Posted Online

Some banks and other organizations covered under the Gramm-Leach-Bliley Act (GLBA) may now post their privacy policies online rather than having to mail them annually. Earlier this week, the Consumer Financial Protection Bureau…more

Annual Notices, Banks, CFPB, Final Rules, Financial Institutions

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Federal Circuit Clarifies Standard for Obviousness of Design Patents

Practitioners involved with design patent litigation should take note of a recent decision by the Federal Circuit in MRC Innovations, Inc. v. Hunter Mfg., LLP, No. 2013-1433 (Apr. 2, 2014), where Federal Circuit clarified the…more

Design Patent, Obviousness, Patent Litigation, Patents

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