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Immigration Relief for Foreign Entrepreneurs

On August 26, 2016, USCIS released the text of a proposed rule to be published in the Federal Register shortly, that provides temporary immigration relief to qualifying foreign entrepreneurs whose presence in the U.S. would...more

Employment Law This Week®: Transgender Case, “Labor Peace” Agreements, EEOC’s Pay Data Proposal, Parental Leave Requests [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

The Alice v. CLS Bank Scorecard, Two Years Later

It has now been a two years since the Supreme Court rendered its now infamous Alice v. CLS Bank decision.  It is safe to say that the Alice decision has had a profound impact on software patent enforcement, both at the...more

German Case Fails to Address Key Issue Regarding Software ‘Copyleft’

Caution remains the watchword for incorporation of “copyleft” software into proprietary software projects, as a German court has declined to provide insight into the reach of the influential free software license, the General...more

Another Reason Why Medical Device Class Actions Don’t Work

The Ninth Circuit filed a preemption opinion the other day that should help prevent the “foodification” of medical device litigation. That made-up word refers to the wasteful food-related class action litigation that has...more

A Tale of Two Stephens: Stephen Colbert and his Right to Use his Own Name

In a recent episode of CBS’ The Late Show with Stephen Colbert, the host lampooned an apparent cease and desist demand from lawyers contending that Colbert improperly revived his “character” from The Colbert Report, his prior...more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

The RedBox Mark Has Gone to Waste and 3 Quick Lessons to Learn

The RedBox brand continues to dominate the movie rental market. For the uninitiated, RedBox is a brand of movie and video game rental vending machines placed in convenient locations like grocery stores, gas stations, and fast...more

Third Circuit Rejects Class Certification for Widener Law Grads

A panel of the Third Circuit Court of Appeals refused to allow class certification for a group of Widener University School of Law Graduates who allege that the law school inflated postgraduate employment rate statistics in...more

Susan E. Rich: A Legacy of "Firsts"

Susan Elliott Rich is a legend at Baker Donelson. In fact, she holds all of the "firsts" – first female shareholder, first woman to be an Office Managing Shareholder and first woman appointed to the Firm's Board of Directors....more

My Class Action Checklist

For a number of years now, I have enjoyed successfully resolving complex class action matters. The cases are challenging, the counsel astute and the results rewarding....more

Five Arbitration Cases You Should Know (Blogiversary Listicle #3)

I am celebrating five years of blogging by publishing one “listicle” per day this week. Monday, the topic was the five biggest surprises in arbitration law; Tuesday it was the five states most hostile to arbitration. (None...more

The Case for the Mid-Sized Law Firm: A Conversation with Ed Winslow

Brooks Pierce partner, Ed Winslow, in conversation with Kathryn Whitaker on the legal industry past and present, law firm leadership, and the virtues of MidLaw versus BigLaw....more

All That Glitters is Not Gold For Led Zeppelin’s Claim For Attorneys’ Fees

Legendary rockers Jimmy Page and Robert Plant are probably still flying high over their defense verdict earlier this summer in the “Stairway to Heaven” copyright infringement trial. They may be slightly coming down, though,...more

Ex-Parte Communications in Violation of Arbitration Agreement Void Arbitration Award

In 1964 the Four Seasons released a song called ‘Silence is Golden.’ More than 50 years later, that may still be a good rule to follow in arbitrations. The United States Court of Appeals for the Sixth Circuit recently...more

Key Arguments in Defending a Disability Claim Based on Subjective Complaints

Courts often do not clearly articulate what are key arguments in defending an action under the Employee Retirement Income Security Act of 1974 (ERISA) involving a claim for benefits based on subjective complaints. However,...more

English Law Schemes of Arrangement: Class Composition

Having received the sanction of antitrust regulators in Europe, the U.S., China and South Africa, the planned merger of brewing giants AB InBev and SABMiller was scrutinised this week by the High Court in London on a topic...more

Litigating with the Government: A Different Kind of Plaintiff

Effectively defending a client from an attack by the government requires an understanding of how the government’s priorities differ from those of a commercial litigant and then building your case around that...more

False Claims Act Cases: With No End In Sight, Why You Should Consider Litigating And How To Maximize Your Litigation Advantages

Over the past few years, the government’s emphasis on conducting fraud and abuse investigations – especially in the healthcare industry – has resulted in scores of settlements and billions of dollars paid to the government...more

Lead Change or Hang On for Dear Life

Change is. Years ago, many people debated whether the legal industry was changing. Truth be told, the debate was silly. Change is. The only question is the speed of change. It used to be slow. It took years to move from...more

Defending a Data Breach Investigation by the Federal Trade Commission

Your company has experienced a data breach, and the Federal Trade Commission (“FTC”) notifies you that it is initiating a non-public investigation. How the company responds can significantly affect the course of the...more

The Problem with Prospective Injunctive Relief

There are several practices in class action litigation that really only work if you squint real hard and accept that, as a practical if not a doctrinal matter, class actions are just “different” than other litigation. These...more

Five Biggest Surprises In Arbitration Law (Blogiversary Listicle #1)

Do you hear the corks popping, friends??  You should, because the imaginary champagne was just opened and the balloons have been released to the far corners of the internets in honor of ArbitrationNation’s FIFTH ANNIVERSARY! ...more

Tips for Maintaining a Positive and Productive Attorney-Client Relationship

Retaining legal counsel can be overwhelming for many clients. The attorney-client relationship frequently begins at a difficult time in a client’s life. As lawyers, we are charged with not only helping clients work through...more

New EU rules for online selling taking shape

The recent Communication from the European Commission on cross-border e-commerce is likely to have a significant impact on online trading within the European market. The proposals are designed to break down artificial...more

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