August 28, 2015

August 27, 2015

August 26, 2015

August 25, 2015


As those of you who have read our prior blog posts know, one of the primary changes between the proposed and final rules redefining the scope of... Read More >
by: Sarah Bro
Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search... Read More >
Takeaway: If the application that led to the challenged patent included a misstatement concerning the relationship between the application and an... Read More >
Medicare is now in its third year of testing their “Independent at Home” project, which was created by the Affordable Care Act. This... Read More >
Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach.  Their July 1... Read More >
In an action that emphasizes the agency’s commitment to cybersecurity, the SEC recently charged 32 defendants with violations of the federal... Read More >
The USPTO Patent Trial and Appeal Board (PTAB) has put an end to Kyle Bass’s Ampyra patent challenge, by denying institution of Inter... Read More >
Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today,... Read More >
EPA’s Newest Attempt at Aggregating Emission Sources in the Oil & Gas Industry
EPA has proposed to resolve an issue that has vexed the oil and gas industry for years—how to... Read More >
On August 12, 2015, the U.S. Food and Drug Administration (FDA) issued a Warning Letter to Hampton... Read More >
Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims
In a suit alleging trade secret theft of ideas related to a software program, the U.S. Court of... Read More >
In what the Occupational Safety and Health Administration described as a collaboration among... Read More >

Federal Court News

NLRB Expands Its Definition Of ‘Joint Employer’

In a highly-anticipated decision, a divided National Labor Relations Board (NLRB) significantly expanded its definition of “joint employers.”  The new standard portends to have substantial implications...

Proposed regulations under Section 2704(b) may be released this fall which would disallow certain discounts on the value of family-controlled entities for transfer tax purposes.


The U.S. Court of Appeals for the Seventh Circuit ruled that a sublicensee of patent and trademark rights that purchased its sublicensor in order to reduce the royalties it owned to the licensor was not prohibited from buying...

As expected, the National Labor Relations Board has adopted a new standard for determining whether two employers are joint employers for purposes of collective bargaining. Browning-Ferris...

The Sixth Circuit rejected a participant’s argument that the plan’s subrogation provision was not enforceable because it was only in the plan’s summary plan description, and not in the trust agreement that the participant...

trademark actual consumer confusion

Addressing the standard for actionable confusion, the U.S. Court of Appeals for the Third Circuit reversed the district court’s denial of a motion for a preliminary injunction for limiting what constitutes actionable confusion...

State Court News

New Missouri Law Gives Securities Brokers Immunity for Protecting Seniors

A new law providing Missouri securities brokers with new options for attempting to protect elderly customers who might be victims of financial fraud goes into effect tomorrow (August 28, 2015). The "...

On August 11, 2015, the Governor's Office of Planning and Research (OPR) released a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (CEQA)...

On September 1, new bills passed by the 84th Texas legislature go into effect. These bills affect a variety of Texas electric market stakeholders, including transmission and distribution utilities, electric utilities,...


Spain Sets a New Milestone with its Corporate Compliance Statute

As of July 1 of this year, Spain becomes the latest in a string of nations with a corporate compliance defense. Article 33 of Spain’s criminal code will provide an exemption from corporate criminal liability where the company...

Middle East Business Expansion – The Strategic Themes and Opportunities

The latter half of 2014 was dominated by the 50 percent drop in the oil price and the significant impact this has had on oil-producing countries and the global economy. Then like a boxer recovering from a knockdown, three...