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WilmerHale

PTAB/USPTO Update - August 2023

WilmerHale on

USPTO News - On July 11, the USPTO Office of the Chief Economist released the 2022 updates to its Trademark Case Files Dataset and Trademark Assignment Dataset....more

Proskauer - Whistleblower Defense

Tenth Circuit Vacates ARB Whistleblower Decision

Proskauer - Whistleblower Defense on

On October 17, 2017, the Tenth Circuit overturned the ARB’s decision in favor of complainant for want of protected activity under SOX. Dietz v. Cypress Semiconductor Corp., No. 16-9529 (Oct. 17, 2017). This decision rolled...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending January 27, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more

Womble Bond Dickinson

Hey, Man, I Started the Ruckus—You Can’t Leave me Behind

Womble Bond Dickinson on

Anybody who practices land use law knows that it’s an arcane area with layers of local and state laws (and sometimes federal laws) baked into every proceeding. This is especially true for quasi-judicial zoning (QJZ)...more

Seyfarth Shaw LLP

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Bennett Jones LLP

Supreme Court Clarifies Limits on Tribunal Participation in Reviews of Its Own Decisions

Bennett Jones LLP on

In an increasingly regulated world, governments have established a litany of administrative tribunals to oversee and administer complex regulatory schemes. Often, applying their specialized expertise, such tribunals...more

Butler Snow LLP

Taking Down the Flagg: Fifth Circuit Remands Med Mal & Device Case for Lack of Diversity Despite Uncompleted Administrative Review...

Butler Snow LLP on

A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more

Parker Poe Adams & Bernstein LLP

Safeguarding a Whistleblower’s Identity

Parker Poe Adams & Bernstein LLP on

Everyone knows that the Sarbanes-Oxley Act prohibits retaliation against whistleblowers. It may be less obvious, however, that merely disclosing a whistleblower’s identity can constitute prohibited retaliation. Nevertheless,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Preserving Some “Bite”: The Fourth Circuit Approves Summary Judgment for Employer in a SOX Retaliation Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on

As we have discussed in earlier posts, the recent trend in court decisions under the Sarbanes-Oxley Act (SOX) has been to lighten the burden on complainants and to expand the universe of cases that proceed to decisions on the...more

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