Disclaimers

Insights - Spring 2013: Developing Federal Common Law of Successor Liability

by Regina Joseph | Shumaker, Loop & Kendrick, LLP on 5/17/2013

When a purchaser acquires substantially all the assets of a seller, the purchase agreement typically provides that the purchaser does not assume seller’s liabilities except to the limited extent specifically set forth...more

Tax Law Blog: Disclaiming an Inheritance

by Jana M. Luttenegger | Davis Brown Law Firm on 5/8/2013

Most of the time, people are pleased to accept an inheritance. However, there are many reasons to not want the inheritance. For example, in small estates, you may receive a home that comes subject to a mortgage, and you...more

Employers Can Use Disclaimers To Protect Customers From Employee Personal Injury Lawsuits

by Kelley E. Kaufman, Joseph Sileo | McNees Wallace & Nurick LLC on 5/7/2013

As employers know all too well, an employee who is injured in connection with work can receive workers' compensation benefits simply by establishing that the injury occurred in the course of employment and resulted in a loss...more

Federal Circuit Finds Prosecution History Disclaimer in Enablement Arguments

by Margareta Sorenson | Foley & Lardner LLP on 4/24/2013

In Biogen Idec, Inc. v. GlaxoSmithKline LLC, the Federal Circuit upheld a narrow claim interpretation based on prosecution history disclaimer. The court held that the applicants’ arguments against an enablement rejection...more

Disclaiming Eminent Domain Defendants: To Dismiss or not to Dismiss?

by Rick Rayl | Nossaman LLP on 4/22/2013

Recently, we came across an interesting request from an attorney for a condemnee. The condemnee had filed a Disclaimer in the eminent domain action, stating that they had no interest in the property being condemned. This,...more

Patent Watch: Saffran v. Johnson & Johnson

by Lawrence M. Sung | BakerHostetler on 4/10/2013

On April 4, 2013, in Saffran v. Johnson & Johnson, the U.S. Court of Appeals for the Federal Circuit (Lourie,* Moore, O'Malley) reversed the district court's judgment that Johnson & Johnson and Cordis Corp. infringed U.S....more

FDA Notification for Permissible Structure/Function Claims for Dietary Supplements

by Babener & Associates on 4/9/2013

MLM Distributors and MLM companies often ask about the notification requirements for permissible structure/function claims for dietary supplements, under FDA rules of DSHEA (Dietary Supplement Health Education Act). Here is...more

Seventh Circuit Affirms Imposition of Successor Liability for FLSA Claims

by Morgan Lewis on 4/4/2013

Purchasing company is found to be subject to successor liability for federal employment-related claims, even where it explicitly disclaimed such liability in the transfer of assets....more

Boot Camp #3: Travel prizes

by Thompson Coburn LLP on 2/15/2013

“Win a trip to Tahiti.” “Travel to a NASCAR Race.” “You May Win a Fishing Trip to Canada.” “Win a Trip to Outer Space on the Virgin Galactic.” All of these titles are guaranteed to attract attention, particularly that last...more

Disclaimer Of Income Interest Was Not Taxable For Nonresident

by Charles (Chuck) Rubin on 2/8/2013

Code §2501(a)(2) provides that, except as to certain expatriates, U.S. gift taxes do not apply to the transfer of intangible property by a nonresident not a citizen of the United States. This exemption is big enough to drive...more

Advertising News & Analysis - January 31, 2013

by Thomas Gilbertsen, Jeffrey D. Knowles, Amy Ralph Mudge, Jonathan L. Pompan, Ari Rothman, Gregory J. Sater, Randal M. Shaheen | Venable LLP on 2/4/2013

In this issue: - FTC Robocall Challenge Draws Almost 750 Submissions - Advertising Substantiation Standards: A Brave New World - Robocall, DNC Violations May Annoy FTC Even More Than the Average Consumer -...more

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

by Karen H Bromberg | Cohen & Gresser LLP on 1/18/2013

The Federal Trade Commission reached a settlement last week with a mobile app company, its data provider, and their CEO in its first Fair Credit Reporting Act (“FCRA”) enforcement action involving mobile applications. The...more

Intellectual Property Bulletin - Fall 2012

by Andrew J. Hall, Mitchell Zimmerman | Fenwick & West LLP on 12/20/2012

In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and...more

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

by Lane Powell PC - Labor & Employment Law on 11/19/2012

Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more

NLRB Offers Advice on At-Will Employment Handbook Language

by Theodore T. Eidukas | Foley & Lardner LLP on 11/13/2012

It is a good, standard practice for employers to include a provision in their employee handbooks, where applicable, to clarify that the terms of employment in the handbook do not alter the at-will status of the employer’s...more

NLRB eyes non union workplaces

by Eli Kantor on 11/12/2012

My article entitled "NLRB eyes non union workplaces" discusses the NLRB's recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to...more

NLRB Provides New Guidance on At-Will Employment Provisions

by McNees Wallace & Nurick LLC on 11/12/2012

On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more

NLRB Provides Guidance on At-Will Employment Disclaimers

by Ballard Spahr LLP on 11/9/2012

At-will employment clauses in two employee handbooks did not violate employees’ rights under the National Labor Relations Act, according to advice memoranda issued last week by the National Labor Relations Board’s Acting...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher & Phillips LLP on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Recent NLRB Division of Advice Memoranda Regarding At-Will Disclaimers Helpful, but More Guidance Needed

by Franczek Radelet P.C. on 11/7/2012

We have updated clients about recent cases from the National Labor Relations Board (NLRB) that have invalidated employer at-will employment policies. ...more

Snap Back to Reality: NLRB Steps Back from the Ledge on Employment At Will

by FordHarrison on 11/6/2012

Executive Summary: Following recent attacks on the employment at-will doctrine by one of the NLRB's Regions, the Board has stepped its position back somewhat, issuing two Advice Memorandums through its Associate General...more

NLRB Division, Some “At-Will” Clauses Ok

by Proskauer - Labor Relations on 11/2/2012

The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies....more

NLRB’s Division of Advice Finds Two At-Will Employment Policies Lawful

by Morgan Lewis on 11/2/2012

Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA. On October 31, the National Labor Relations Board's (NLRB's or Board's) Division of Advice issued two memoranda...more

The "I"s Have It: NLRB Says Don’t Shred Those At-Will Disclaimers Just Yet

by Jon Hyman on 11/1/2012

The NLRB Office of General Counsel issues refreshing (surprising? relieving?) advice memoranda backing off the position that any at-will disclaimer violates the NLRA, and stating that it is willing to evaluate each on a...more

NLRB Takes on At-Will Employment

by FordHarrison on 10/19/2012

Executive Summary: During the past year, the National Labor Relations Board has begun chipping away at the employment at-will doctrine. Based on the activities of one of its regional offices, the Board appears intent on...more

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