Alerts

In St. Paul Mercury Insurance Company v. Tessera, Inc., the federal court held that a lawsuit against an insured alleging a breach of a license agreement did not constitute a violation of an intellectual property right.

Last week, bipartisan legislation was introduced in the US Senate and the House of Representatives to amend the Controlled Substances Act and ease federal obstacles for medical researchers to conduct clinical studies on the medical benefits of marijuana.

Data breaches continue to complicate the interpretation and understanding of commercial insurance policies. But even as courts confront thorny questions presented by cyber security policies, they continue to rely on long-standing principles of insurance and contract law.

On June 16, 2016, the Virginia Employment Commission (VEC) became the 31st state agency to sign a Partnership Agreement with the Wage and Hour Division of the Department of Labor (DOL) regarding the misclassification of independent contractors.

On May 4, 2016, Quebec’s government published proposed regulations which would require businesses using signage bearing trademarks in languages other than French to incorporate a “sufficient presence of French” on their signs.

Manufacturers were reminded recently why resale price maintenance policies can be risky.

On Monday, the US Supreme Court ordered the Ninth Circuit to reconsider whether Service Advisors are exempt from overtime under the Fair Labor Standards Act.

An interesting case involving the patentability of database models came out of the Federal Circuit in Enfish, LLC v. Microsoft Corp. where the Court held that two patents covering a new type of database model were not invalid.

In a highly anticipated decision, the United States Supreme Court issued a unanimous opinion in Universal Services, Inc. v. United States ex rel. Escobar that threw out existing law related to the implied certification theory of liability under the False Claims Act.

On June 14, 2016, the US Department of Labor adopted a final rule updating sex discrimination regulations for federal contractors.

Under the federal Fair Labor Standards Act, employers must pay employees overtime based on their “regular rate.”

Another investor-State arbitration tribunal has dismissed a claim for abuse of process.

On June 7, 2016, the DC Council unanimously voted to increase the City’s minimum wage from the current level of $10.50 per hour to $15 per hour by 2020.

The concept of standing – that a plaintiff must have suffered a concrete injury in order to bring a lawsuit – is a bedrock legal principle. But, like so many other fundamental legal concepts, the rise and importance of the internet and digital commerce has consistently complicated its application.

On May 25, 2016, the White House released its much anticipated Data Security Policy Principles and Framework (Security Framework) for President Obama’s Precision Medicine Initiative (PMI).

US Customs and Border Protection has been directed by Congress to be much more aggressive in policing antidumping and countervailing duty orders.

Earlier this week, the US House approved a bill by an overwhelming majority that will significantly reform the 40-year-old Toxic Substances Control Act.

On April 27, 2016, the Centers for Medicare & Medicaid Services published a proposed rule that, among other things, would eliminate the 0.2 percent inpatient payment reduction resulting from the “2-Midnight Rule.”

In an international arbitration administered by the Permanent Court of Arbitration, an arbitral tribunal rejected Philip Morris International Inc.’s effort to challenge Australia’s “Plain Packaging” law for tobacco products on grounds of treaty shopping.

Last week, the International Trade Commission issued its report on the Trans-Pacific Partnership’s overall impact on US trade.

New provisions in the Trade Facilitation and Trade Enforcement Act of 2015 arm the government with new enforcement tools that rights holders can use to bolster intellectual property right (IPR) protection, especially for semiconductor components.

The US Department of Labor has issued much-anticipated final regulations making changes to overtime exemption requirements under the federal Fair Labor Standards Act (FLSA).

On Wednesday, the US International Trade Commission (ITC) released its economic assessment of the Trans-Pacific Partnership, predicting small rises in US employment, GDP, and exports as a result of the agreement over the next 15 years.

On April 26, 2016, United States Steel Corporation filed a massive trade case accusing Chinese steel producers and their distributors of conspiring to fix prices, steal trade secrets and use false labeling to avoid trade duties.

Starting January 1, 2017, larger employers with employees working in San Francisco will have to provide employees with paid parental leave to bond with a new child. On July 1, 2017, the ordinance expands to cover smaller employers.