Under the MHRA, an employee has one year to file a legal claim for alleged unlawful employment discrimination. A recent case found that an employer’s internal investigation can suspend the running of that one-year period.
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a new federal cause of action for trade secret misappropriation.
Employers face ever-increasing threats to the security of their trade secrets. Now, thanks to Congress, employers have a new tool to combat such threats (along with new potential headaches).
The U.S. government has recently announced an expanded program that provides many foreign STEM graduates with an extended employment period.
What is the future of patent protection for biotechnology in light of the Federal Circuit’s latest decision on patentable subject matter?
Important changes in the regulations governing European Union Community Trademarks may affect the scope of your trademark protection for CTM applications filed before June 22, 2012.
On April 6, 2016, the Department of Labor issued its much-anticipated conflicts of interest final rule.
The FTC is investigating the advertising practices of Volkswagen after uncovering it fitted its “clean diesel” automobiles with illegal emission defeat devices.
- Recent Order from Magistrate Judge Franklin L. Noel Provides Important Lessons on Expert Disclosures
A recent order by Magistrate Judge Noel in Luminara Worldwide, LLC v. Liown Electronics Co. helps to clarify the Federal Rules on expert disclosures.
The F-1 Optional Practical Training (OPT) program provides foreign students one year of work authorization in their field of academic studies.
LifeLock will pay $100 million to the Federal Trade Commission (FTC) to settle the FTC’s contempt charges. This settlement is the largest award the FTC has obtained in an enforcement action.
Are co-existence agreements no longer a surefire strategy for getting a trademark registration in the face of a likelihood of confusion refusal?
A recent case before Magistrate Judge Bowbeer offered further guidance on how and when courts should reduce the number of asserted claims.
The regulatory compliance obligations of banks continue to grow, and with them come increased expectations from regulators regarding the role of bank directors in overseeing how their banks meet those obligations.
FirstNet issued its long-awaited RFP for the deployment of the Nationwide Public Safety Broadband Network.
Today CMS published a final rule detailing the duty to report and return overpayments with 60 days of their identification.
The EEOC issued proposed revisions to the Employer Information Report (EEO-1) to require covered employers to report aggregate workforce compensation data.
This article is the second part of an overview of the 10 key factors to examine whether information is protectable and has value as a trade secret.
The H-1B deadline to file cap-subject H-1B petitions is again drawing close.
I recently tried googling to see what percentage of parents with minor children have wills. If you don’t have a will, I have some good news and some bad news for you. Good news – you are not alone. More than half of parents with minor children don’t have wills.
The IRS released Notice 2016-4, which extended the deadlines for employer and insurer reporting under the Affordable Care Act.
The recent amendments to the Federal Rules of Civil Procedure are aimed at accelerating discovery and focusing on relevancy and proportionality.
With the increased commoditization of information as to what “is market” on M&A transactions, deal lawyers can focus quite a bit of energy on relatively small changes in deal terms.
Pleading patent infringement got a little bit trickier on December 1, 2015.
New LLC laws in Minnesota and North Dakota usher in a significantly different legal landscape relating to the rights and responsibilities of LLC members and management and third parties dealing with LLCs in those states.
Ongoing restrictions placed on the payment of BHC dividends and the redemption of BHC stock after enforcement actions are lifted.
On October 19, the Supreme Court granted certiorari in two cases in which patent owners are challenging the Federal Circuit’s rigid standard for proving willful infringement. In their petitions, both patent owners compared the current test for enhanced damages to the Federal Circuit’s old test for attorney’s fees, which the Supreme Court tossed out last year.
The Internal Revenue Service has announced the 2016 cost-of-living adjustments (COLAs) for retirement plans.
The Minnesota Court of Appeals struck down the building code mandate requiring installation of fire sprinklers in larger homes.
Patent law permits the award of legal fees to a “prevailing party” only in “exceptional cases.” A recent decision from Magistrate Judge Rau applying the Patent Act’s attorney fees provision reminds litigants that demonstrating a case is “exceptional” in only one part of the equation.
The Department of State and USCIS announced jointly that certain individuals who are stuck in family and employment-based immigrant visa backlogs can start their immigrant visa paperwork or apply for adjustment of status before their priority dates become current.
In a lawsuit that redefined the standard for an exceptional case under 35 U.S.C. § 285, the District Court awarded defendant Octane Fitness $1,778,030 in fees and costs.
A recent federal court decision addressed the discoverability of text messages, instant messages and voicemails.
In May, the District of Minnesota ordered the parties in a patent case to meet and confer to try to reach an agreement regarding the deadline by which the patentee must reduce the number of asserted claims.
The North Dakota Supreme Court issued its decision on July 15, 2015.
The United States Department of Labor issued an Administrator’s Interpretation on July 15, 2015.
In 1964, the Supreme Court held that a patent owner cannot charge royalties for the use of a patented invention after the patent’s term has expired. Lower courts and academics alike have challenged the decision.
The U.S. Department of Labor issued long-awaited proposed revisions to its “white collar” regulations, which exempt certain employees from overtime pay under the FLSA.
Invalidity opinions of counsel remain an important tool for mitigating patent infringement risk.
As a transactional lawyer, what are the key things that you should focus on in due diligence to determine whether the trade secret your client is considering acquiring is treasure or trash?
Last year Congress tried to pass a bill aimed at curbing abusive patent litigation initiated by so-called “patent trolls.” This year, the push for legislation has been revived.
Patent holders bringing infringement suits sometimes unnecessarily assert that a competitor infringes an unreasonable number of patent claims.
What goes on when crafting an acquisition agreement to purchase a company? Or to say it differently, why do lawyers insist on one phrase or word over another? “Legalese” has its place.
Many companies accused of infringement have turned to Inter Partes Review (IPR) as an alternate route for challenging the validity of patent claims. But what happens if an accused infringer moves to stay litigation in light of a pending IPR petition?
On March 31 in Genetic Veterinary Sciences, Inc., d/b/a Paw Print Genetics v. Canine EIC Genetics, LLC, No. 14-CV-1598 (JRT/JJK), Judge John R. Tunheim addressed the question of whether veterinarians can obtain patents for identifying genetic markers of canine disease.
Magistrate Judge Bowbeer recently granted Plaintiff Polaris Industries Inc.’s motion for a protective order preventing testimony on a Rule 30(b)(6) topic relating to disputed prior art.
A recent statement by President Barack Obama warned of future changes to the fiduciary duties for financial advisers.
USCIS conducted a random, computer-generated lottery to determine which H-1B cap-subject petitions would be formally received for adjudication and has begun the process of issuing receipt notices.
On March 18, 2015, the National Labor Relations Board’s General Counsel issued a 30-page memorandum offering guidance on several common employer policies and handbook rules.
It’s an unfortunate fact of modern life—hacks happen. And they will continue to happen.
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