Following last week’s oral arguments, on December 16, 2013 the Oklahoma Supreme Court issued an order rejecting a constitutional challenge to the state’s new workers compensation law…more
Yesterday Hawaii adopted the Hawaii Marriage Equity Act of 2013 recognizing same sex marriages as of December 2, 2013 and permitting persons in civil unions in Hawaii to apply to be married without first requiring dissolution of…more
The WinTech blog previously covered a patent infringement lawsuit filed against the “Adam Carolla Show” from ACE Broadcasting Network, LLC. The plaintiff, Personal Audio, LLC, alleges that the “Adam Carolla Show” is infringing…more
In addition to proving “but for” (a.k.a., cause-in-fact) causation, the plaintiff must also prove as a separate element of causation that the injury was foreseeable to the defendant. In general, to prove foreseeability, the…more
The final Mental Health Parity and Addiction Equity Act regulations (“MHPAEA Regs”) were released late last week and apply to the first plan year beginning on or after July 1, 2014 (for calendar year plans on January 1, 2015)…more
With increasing globalization, it is important to consider patent protection outside of the United States. In the United States, utility patents provide protection on inventions for a new and useful process, machine,…more
On October 23, 2013, the United States Securities and Exchange Commission (the “SEC”) is expected to vote on a SEC proposal that would ease investor verification requirements under the crowdfunding rule. The crowdfunding rule,…more
The Northern District of Texas has issued a fantastic opinion for employers concerning a recurring question under the ever evolving Americans with Disabilities Act (“ADA”). Specifically, whether attendance can be an essential…more
Over the last few weeks, I’ve commented on the new version of the OCC’s Commercial Real Estate Lending Handbook (I give it a gentlemen’s C); and I listed a few legal topics that deserve some guidance from the OCC.
In another pro-employee decision, like its ruling in the Feist case that I analyzed last week, the Fifth Circuit overturned another district court’s grant of summary judgment that dismissed the plaintiff-employee’s FMLA claims…more
Obtaining a patent for an invention requires the crossing of many statutory hurdles. One of the main statutory hurdles is to rebut any contentions by a patent examiner that an invention may be obvious (i.e., rebutting a prima…more
In an earlier posting, I reviewed the OCC’s new Commercial Real Estate Lending handbook . The purpose of the handbook is to give parenting – I mean guidance – on risks inherent in commercial real estate lending. On legal…more
The Fifth Circuit, which covers federal district courts from Texas, Louisiana and Mississippi, has been busy recently issuing decisions in the employment law arena. Surprisingly, many of these decisions from this traditionally…more
Lawsuits against employees and contractors, including consultants, for unauthorized use of a company’s confidential and proprietary information are common. For instance, on July 29, Abunassar Impact Basketball LLC filed suit…more
Hospitals and health care providers must often look to third party vendors offering cloud computing solutions, but are these companies well-prepared to meet the HIPPA/HITECH Act privacy and security requirements as well as other…more
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