Medical Monitoring
June 02, 2014
Courts typically treat medical monitoring as a potential remedy for a traditional tort claim. In such cases, plaintiffs allege exposure to toxic substances as a result of a defendant's tortious conduct; yet at the time the action is commenced, plaintiffs are asymptomatic and allege no physical injuries.
Upcoming FLSA Changes: What You Need To Know
June 02, 2014
President Barack Obama recently directed the DOL to propose revisions to modernize and streamline existing overtime regulations under the Fair Labor Standards Act (FLSA). The changes will likely have a significant impact on employers and their overtime obligations.
Are We All Computer Felons?
June 02, 2014
Tthe Computer Fraud and Abuse Act (CFAA) has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address. This has led to a noisy push for CFAA reform, a split in the Federal Circuit Courts and calls for Congressional action.
Changes to Mental Disorders
June 02, 2014
The ACA is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and Americans with Disabilities Act (ADA) discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
The ITC Is Dead, Long Live the ITC
June 02, 2014
In the last decade, the ITC has been an increasingly popular forum for litigating IP rights, largely because it offers a quick and forceful remedy in the form of an exclusion order, which can exclude infringing products from the U.S. market. In recent months, several important decisions have caused some to question the continuing vitality of the ITC as forum.
The Common Interest Doctrine and the Investigation of First-Party Claims
June 02, 2014
It is essential for parties to be able to determine whether or not communication will be protected from disclosure by the attorney-client privilege or the work-product doctrine. As the Supreme Court observed, "an uncertain privilege ' is little better than no privilege at all."
IP News
June 02, 2014
Federal Circuit: Only Patent Owner May Appeal a PTAB Reexamination Decision <br>Federal Circuit: Clones Not Patentable Subject Matter<br>Federal Circuit: PTO's Decision Not to Initiate <i>Inter Partes</i> Review Is Not Appealable
At the Intersection: Law's Tectonic Shifts
June 02, 2014
Over and again in our recent consulting engagements ' particularly with large firms, where trends tend to start ' we're seeing signals that the legal profession is caught in the confluence of destructive trends:
Seeking Quick Relief for Trademark Claims on Social Media Sites
June 02, 2014
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. It is black letter law that trademark maintenance requires a trademark owner to maintain control over the quality of the goods and services associated with its mark. In the infringement context, this has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
NJ & CT News
June 02, 2014
Two interesting news items are discussed
