Alerts

On July 17, 2014, responding in part to the expiration of numerous tax incentives last December 31, the House of Representatives approved by a 277–130 vote a bill (H.R. 4719, The America Gives More Act) containing permanent extension of several tax incentives related to charitable deductions.

The crux of the issue the District Court considered was the interplay between sections 363(f) and 365(h) of the Bankruptcy Code.

The DC Circuit recently held that the attorney-client privilege applies to internal investigations, even when the investigations are mandated by law and are not conducted with the sole purpose of obtaining or providing legal advice.

On July 11, 2014, the FDA issued a new Draft Guidance (the Guidance) that will require drug companies to submit information on most drug samples that they distribute in the United States. The new Guidance is entitled “Reporting Drug Sample Information Under Section 6004 of the Affordable Care Act.”

The decisions in Bloomingdale’s and Nordstrom were significant victories for employers, but the extent and consequences of these victories have yet to be seen.

The employment application process has become increasingly complex and a growing source of litigation for retailers and other employers.

Currently, the federal circuits are split over the level of deference that should be afforded to findings made by the USPTO’s Trademark Trial & Appeal Board (TTAB) on likelihood of confusion, with the circuit courts applying at least five different standards.

On June 23, 2014, the California Supreme Court issued a long anticipated decision in Iskanian v. CLS Transportation Los Angeles, LLC, S20403 upholding the validity of employee class action waivers but carved out an exception for representative actions pursuant to the Private Attorney General Act.

The US Supreme Court this morning granted cert in a closely watched False Claims Act (FCA) case, Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter — a case that raises important questions about wartime suspension of the FCA’s statute of limitations.

On June 25, 2014, in a unanimous decision, the US Supreme Court struck down the “presumption of prudence” afforded ERISA fiduciaries with respect to employer stock investments in employee stock ownership plans (ESOPs) and defined contribution plans.

The settlement was denied because the opt-in collective action members would have to “not sue defendants in exchange for zero cash.”

In a relatively narrow ruling that may have far greater practical ramifications than constitutional ones, a unanimous US Supreme Court on Thursday struck down President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB or Board).

On June 19, 2014, in Alice Corp. v. CLS Bank International, 573 U.S. ___2014, a unanimous Supreme Court held that systems and methods of exchanging financial obligations, implemented in hardware or software, did not qualify for patent protection.

Our value-driven approach to client service is what distinguishes our team of lawyers as one of the premier Communications, Mobile, and Technology practices in the country.

This term, the Supreme Court docket includes a number of cases that could dramatically impact the labor and employment law landscape.

In a very close (4-3) decision, New York’s highest court recently reversed summary judgment in a property damage and business interruption case, finding that a broker could be liable because of a potential “special relationship” with the insured.

In an 8-0 decision, the US Supreme Court ruled last week that a private party may bring a Lanham Act claim challenging a food label regulated by the Federal Food Drug and Cosmetic Act (FDCA).

TTAB cancelled six Washington Redskins registrations after finding they violated Section 2(a) of the Federal Lanham Act.

The US Department of Justice recently announced that Fokker Services BV (FSBV), a Dutch aerospace services provider, agreed to forfeit $10.5 million to the United States.

On June 12, the DOL, in conjunction with the White House, released its proposed rule that raises the minimum wage for workers on federal service and construction contracts to $10.10 per hour.

The Saks and Nordstrom cases demonstrate the continuing importance of understanding federal, state, and local wage and hour laws for all employees.

Our value-driven approach to client service is what distinguishes our team of lawyers as one of the premier Communications, Mobile, and Technology practices in the country.

The Federal Trade Commission (FTC) recently won a significant victory in federal court in its ongoing efforts to hold businesses accountable for their data security practices.