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Legal History

The Federal Courthouses of Birmingham - 11th Circuit Historical News

Sitting just a few blocks from the Sixteenth Street Baptist Church, Kelly Ingram Park and the Birmingham Civil Rights Institute, the Judge Robert Vance Federal Building and United States Courthouse in Birmingham, Alabama, was...more

Today in Federal Circuit History…

The courthouse that houses the Federal Circuit was dedicated on September 20, 1967. Originally, the building plan called for a courthouse and an office building for White House staff, such that the Dolley Madison House, the...more

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

by Downey Brand LLP on

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

Doctrine, Doctrine … Give Me the News

by Butler Snow LLP on

There are approximately 500 legal doctrines referenced in Black’s Law Dictionary. And there are more where those came from. Legal doctrines – many of which originated before the United States was in existence – routinely...more

2016 California Employment Law Year In Review

In 2016 employers in California had to adjust to compensation and benefits related changes such as a new state minimum wage, a new method of calculating compensation for “piece-rate employees,” and expanded “kin care”...more

The Death Of Alexander Hamilton And The Birth Of The American Free Press

Alexander Hamilton has more to do with American independence than you might think. His efforts as a Founding Father (the hottest Founding Father on Broadway, it should be noted) helped the United States achieve political...more

Estate Tax Changes Past, Present and Future (Update)

by McGuireWoods LLP on

I. INTRODUCTION - This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts to repeal the estate tax in President Clinton’s second term and...more

The U.S.-EU Safe Harbor Framework Is Invalid: Now What?

by Ropes & Gray LLP on

A confluence of events has tested the strength of the Safe Harbor Framework and for now, it is no longer a port in the storm. Most recently, on October 6, 2015, the Court of Justice of the European Union (CJEU) invalidated...more

Estate Tax Changes Past, Present and Future

by McGuireWoods LLP on

INTRODUCTION - This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts to repeal the estate tax in President Clinton’s second term and...more

Two Hundred and Twenty Fifth Anniversary of U.S. Patent X000001

by Winstead PC on

U.S. Patent X000001 was granted on July 31, 1790 to Samuel Hopkins. The original document went missing for many years, only resurfacing in 1956. The inventor named is Samuel Hopkins, but which Samuel Hopkins was much in...more

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

Lack of Materiality as a Defense in False Claims Act Cases

by Arnall Golden Gregory LLP on

The False Claims Act (the “Act”) imposes liability on those who “’knowingly’ present, or cause to be presented, ‘a false or fraudulent claim for payment or approval’” to the government. Persons who act in “deliberate...more

New Guidance On Wellness Programs

by Fisher Phillips on

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially...more

CEQA Judicial Outcomes: Fifteen Years of Reported California Appellate and Supreme Court Decisions

by Holland & Knight LLP on

This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or...more

A Modest Proposal (or Two)

Any observer of the interaction between the Federal Circuit and the Supreme Court over the past decade has recognized that the Court has become increasingly critical of the Federal Circuit's patent jurisprudence and of...more

The Pendulum We Know As Workers’ Compensation

by Collins & Lacy, P.C. on

When you’ve been in the workers compensation industry for almost 40 years, you see a lot of changes. A few decades ago, workers’ compensation was a gold mine for claimant’s attorneys. The joke then was that, to win, all a...more

Supreme Court’s Omnicare Decision Muddies Section 11 Opinion Liability Standards

by K&L Gates LLP on

The Supreme Court has a long history of rejecting expansive interpretations of implied private rights of action under Section 10(b) of the Securities Exchange Act. Most notably, since 1975, it rejected the argument that mere...more

The Heavy Burden of Light Duty: Young v. UPS

by Littler on

On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace...more

Litigation Alert: U.S. Supreme Court Raises the Stakes in Trademark Proceedings at the TTAB

by Fenwick & West LLP on

This week, the Supreme Court issued an important ruling that will significantly impact the way parties handle trademark disputes in the United States. The opinion in B&B Hardware, Inv. v. Hargis Industries, Inc., 575 U.S....more

Recent California Decisions Reinforce Need for Care in Electronic Contracting

by Miller Starr Regalia on

In mid-1999, the National Conference of Commissioners on Uniform State Laws, responding to an intensifying reliance on electronic communications and a corresponding need for clarity as to the legal enforceability of...more

Should The SEC Adopt Governance Principles (For Itself)?

by Allen Matkins on

When I served as Commissioner of Corporations for the State of California, I was sometimes asked about the other Commissioners.  However, I never concerned myself with the “other Commissioners” because there were no other...more

Supreme Court Ruling Validates DOL’s 2010 Interpretation Regarding FLSA Status of Mortgage-Loan Officers

by Goodwin on

The Supreme Court recently rejected a challenge to the validity of a 2010 interpretation by the U.S. Department of Labor (the “DOL”), which had concluded that the administrative exemption of the Fair Labor Standards Act...more

Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a...more

With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close

In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with...more

Health Care Reform in America: The Good, The Bad And The Ugly

by Burr & Forman on

Health care providers, the insurance industry, and all of us as health care consumer continue to experience the difficult birth pangs of the Patient Protection and Affordable Care Act ("ACA" or the "Act"). Political battles...more

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