February 27, 2015

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FEATURED ARTICLES

Takeaway: If a patent owner does not present rebuttal evidence or argument regarding a ground on which a trial was instituted, the Board is not... Read More >
Target Data Breach Price Tag: $252 Million and Counting
In a recently-released Form 8-K filing announcing fourth quarter and year-end financial results, Target Corporation reported that expenses incurred... Read More >
A Cheap Website Could Cost Your Firm Millions of Dollars
Lawyers know the value of hiring an experienced, successful lawyer for representation. An inexpensive lawyer that has a small, inexperienced staff... Read More >
States Respond to Recent Breaches with Encryption Legislation
In the wake of recent breaches of personally identifiable information (PII) suffered by health insurance companies located in their states, the ... Read More >
Nurse’s Request to Use Cane in Behavioral Health Unit Not a Reasonable Accommoda
A nurse’s request to use a cane while working in a hospital’s behavioral health unit is not a reasonable accommodation under the... Read More >
Five Key Takeaways From ICANN 52 in Singapore: The Internet Corporation for Assi
The Internet Corporation for Assigned Names and Numbers (ICANN) recently concluded its first public meeting of 2015, held February 8–12 in... Read More >
Weekly Data Privacy Alert for February 23, 2015 re: EU Right to be Forgotten, Un
EU Google’s Advisory Council Publishes Final Report on the Implementation of the Right to be Forgotten The report sets out the criteria the... Read More >
White House Budget Proposal Includes Many Retirement-Related Provisions
On February 2, 2015, the White House released its Fiscal Year 2016 Budget, which includes a number of tax code changes targeting retirement savings.... Read More >
The Top Five Immigration Mistakes Made by Foreign Athletes
Davis C. Bae
In 2014, opening day rosters in the National Basketball Association listed 101 players born outside... Read More >
Impact of DHS Shutdown: 2015
Here we go again! The Department of Homeland Security (DHS) could potentially run out of money and... Read More >
Reasonable Accommodation’s Mandate in Employment Statute Does Not Require Employ
On January 21, 2015, a California Appeals Court affirmed the trial court’s ruling in Nealy v... Read More >
U.S. Supreme Court Decision Could Cause State Bars to Lose Antitrust Immunity
The U.S. Supreme Court handed down its decision in North Carolina Board of Dental Examiners v.... Read More >
Powhatan Forcefully Responds to FERC’s Order to Show Cause
On February 2, 2015, Powhatan Energy Fund, LLC, HEEP Fund, Inc., CU Fund Inc., and Houlian (Alan)... Read More >

Federal Court News

First Sale and Copyright Misuse Doctrines Available to Extinguish Rights to Prod

In a short majority opinion, the U.S. Court of Appeals for the Ninth Circuit concluded that once a copyright claimant conceded that it authorized a first sale of the watches in a foreign jurisdiction,...

Congressional Oversight Hearing on Fair Pay and Safe Workplaces: Executive Order

The congressional Subcommittees on Workforce Protections and Health, Employment, Labor, and Pensions heard testimony in connection with Executive Order 13673 – Fair Pay and Safe...

CFTC Position Limits: Recent Congressional and Ongoing CFTC Developments

The Commodity Futures Trading Commission’s (CFTC) proposed rule on position limits continues to be a priority for energy market participants, as both Congress and the...

No Active State Supervision, No Antitrust Immunity for North Carolina State Dent

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North...

The Second Circuit Holds That Comcast Does Not Require Automatic Denial of Rule

In Roach v. T.L. Cannon Corp., No. 13-3070-cv, 2015 WL 528125 (2d Cir. Feb. 10, 2015), the Second Circuit Court of Appeals held that Comcast Corp. v. Behrend, 133 S. Ct. 1426...

It Might Just Pay To Be Sick

Currently, there are no federal laws that require paid sick leave.  If an employer is subject to the FMLA (Family and Medical Leave Act), it is required to provide up to twelve weeks of unpaid...

State Court News

The D.C. Wage Theft Prevention Amendment Act Goes Into Effect Today – What D.C.

The highly anticipated – and already twice-amended – D.C. Wage Theft Prevention Amendment Act (the “Act”) went into effect for Washington, D.C. employers on February 26th....

Supreme Court of New Jersey Rules on Test for Independent Contractors

On January 14, 2015, the Supreme Court of New Jersey decided which independent contractor classification test should be used in determining a person’s employment status under the New...

Texas Jury Awards $29 Million in Death of Oilfield Services Worker

A Houston jury has returned a $29 million verdict against Professional Directional Enterprises, Inc. (PDE), a provider of oil and gas drilling services, for the death of a Texas oilfield services...

INTERNATIONAL LAW NEWS

China to Implement New Personal Data Protection Rules
by: Yodi S. Hailemariam of McDermott Will & Emery

Effective March 15, 2015, China’s State Administration for Industry and Commerce (SAIC) will implement the new Measures for Penalties for Infringing upon the Rights and...

India Shows a Way
by: A. Tracy Gomes of McDermott Will & Emery

Mr. Akhilesh Ranjan, Joint Secretary Ministry of Finance, and also Competent Authority for the Government of India, spoke this past week at the Pacific Rim...

Part II – Corruption Enforcement in Brazil: What Does the Future Hold?
by: George Horn of Barnes & Thornburg LLP

The anti-corruption regulatory environment in Brazil has become more risky and complex during the CCA era. Do enforcement trends foreshadow eventual robust application of the CCA? The number of recent high profile cases brought...