Pepper Hamilton LLP

Texas District Court Rejects Rail Contractor’s Delay and Prompt Payment Claims and Awards Owner More Than $3 Million

Balfour Beatty Rail, Inc. v. The Kansas City Southern Railway Company, 2016 U.S. Dist. LEXIS 39086 (N.D. Tex., March 25, 2016) - The contractor contracted with owner to install 65 miles of railroad track, for a price of…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Transportation

Employers: June 30 Deadline Looms for DOL's Revised Persuader Rule

The greatly expanded Persuader Rule will require employers to report any agreement or arrangement with a lawyer or third-party consultant to “persuade” employees — directly or indirectly — about their union organization and…more
| Labor & Employment Law

Taking the LLC or Partnership Public [Video]

In this short video, Pepper partner Howard Goldberg discusses a tax-advantaged structure for taking an LLC or partnership public, the "Up-C" structure…more
| Business Organizations, Mergers & Acquisitions, Taxation

Federal Circuit Erases a Rare Patent Owner Victory and Tells PTAB: No Changing Horses (Claim Constructions) Midstream

In a recent decision on an inter partes review (IPR) appeal, the Federal Circuit erased a rare victory for a patent owner and remanded the case back to the Patent Trial and Appeal Board (PTAB) for rehearing on the sole claim…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Updating Your Employee Handbook for 2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate…more
| Civil Rights, Labor & Employment Law

$240 Million Settlement Closes Chapter on FedEx IC Misclassification Lawsuits

FedEx yesterday announced that it reached a settlement of its remaining independent contractor class action lawsuits in 20 states with its Ground Division drivers for $240 million, pending court approval. Coming on the heels of…more
| Civil Procedure, Labor & Employment Law

Calif. Asks Innovator Drug Brands to Do the Impossible

Eight years ago, in Conte v. Wyeth, the California Court of Appeals shocked brand prescription drug manufacturers when it held that they could be liable for injuries caused by generic versions of their medications — an approach…more
| Health, Products Liability, Science, Computers, & Technology

PowerPoint Slides: Could My Company's Website Violate the Americans with Disabilities Act?

Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to that…more
| Business Organizations, Communications & Media Law, Consumer Protection, Health, Science, Computers, & Technology

High-Cost Lending at Risk Under CFPB Proposed Rules

The proposed rule raises troubling issues regarding the impact on some traditional bank products as well as some marketplace lending products. The Consumer Financial Protection Bureau (CFPB or Bureau) released its…more
| Communications & Media Law, Consumer Protection, Finance & Banking

Webinar: Could My Company's Website Violate the Americans with Disabilities Act? [Video]

Under the Americans with Disabilities Act (ADA), places of public accommodation must ensure equal access to the goods and services they offer to disabled individuals. Is a company website subject to the ADA? The answer to that…more
| Business Organizations, Communications & Media Law, Consumer Protection, Health, Science, Computers, & Technology

SBA Reminds SBICs to Submit Their 2016 Annual Recertification

On June 2, the U.S. Small Business Administration (SBA) distributed a memorandum from Steve Knott, acting director of the SBA’s Office of SBIC Operations, reminding private funds licensed by the SBA as small business investment…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

New Hope for Patent Owners: Supreme Court Eases the Path to Enhanced Damages

Under the new standard, district courts will have considerably more discretion to find that an accused infringer acted willfully and enhance damages up to three times the amount of compensatory damages…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

PowerPoint Slides: Acquiring a Company with Government Contracts: A Checklist of Unique Issues and Considerations

Acquisitions involving government contracts present unique issues – whether the seller is a full-time government contractor or a commercial company with just a few government contracts. These issues must be properly examined…more
| Government Contracting, Mergers & Acquisitions

Webinar: Acquiring a Company with Government Contracts: A Checklist of Unique Issues and Considerations [Video]

Acquisitions involving government contracts present unique issues – whether the seller is a full-time government contractor or a commercial company with just a few government contracts. These issues must be properly examined…more
| Government Contracting, Mergers & Acquisitions

Supreme Court Decision on Madden Appears Imminent; Midland Files Supplemental Brief

The U.S. Supreme Court will likely consider whether to grant or deny certiorari in the Madden v. Midland Funding case at its June 23 conference. In addition, Midland filed a supplemental brief with the Supreme Court on June 7 in…more
| Civil Procedure, Communications & Media Law, Finance & Banking
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