While there is no specific COVID-19 standard that applies to employers and employees not covered by the recent emergency temporary standard (ETS) applicable specifically to employers with employees working in a healthcare setting, the Occupational Safety and Health Administration (OSHA) continues to Continue Reading
No, The Biden Administration Did NOT Just Ban Employee Non-Compete Agreements.
But Employers Should Still Review and Consider Narrowing Such Agreements. On July 9, 2021, President Biden issued Executive Order 14036, which broadly addresses “promoting competition in the American economy.” In the run-up to and aftermath of this action, many news outlets reported that the Continue Reading
“You Can’t Challenge This (Unless)”—SCOTUS Upholds but Limits 140-Year-Old Doctrine of Assignor Estoppel
The doctrine of assignor estoppel bars an inventor who assigns a patent to a third party from later arguing that the assigned patent is invalid. The Supreme Court has now upheld this doctrine but has limited its scope, holding that it applies only to explicit or implicit representations made by the Continue Reading
Final IPR Decisions Now Subject to Director Review
Disappointed with the final decision in your inter partes review (IPR) or post-grant review (PGR)? Under a new interim procedure, you may now seek review by the director of the U.S. Patent and Trademark Office. The Office is also expected to develop a more permanent process allowing participants to Continue Reading
So, Can I Make My Employees Get Vaccinated Yet?
As of June 30, 2021, almost 155 million Americans, 46.7% of the population, had been fully vaccinated against COVID-19. The vast majority of those individuals are over age 18, and more than 57% of adults over age 18 in the United States have been vaccinated. Rates of infection, hospitalization, and Continue Reading
Venture Capital & Emerging Growth Companies June 2021 Highlights
McCarter’s renowned Venture Capital & Emerging Growth Companies team empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. Leaders in Our Field We are excited to once again participate in Venture Continue Reading
Supreme Court Holds Patent Board Exercised Unconstitutional Power in Inter Partes Reviews, but Leaves Many Issues Unresolved
Inter partes reviews (IPRs)—and other post-grant patent review proceedings at the US Patent and Trademark Office—have survived another constitutional challenge. The Supreme Court held that the authority historically exercised by administrative patent judges (APJs) in deciding IPRs is Continue Reading
The Delaware Supreme Court Signals Deference to the Department of Finance on Unclaimed Property Audit Subpoenas
A recent decision of the Delaware Supreme Court, State of Del., Dept. of Fin. v. AT&T, Inc., Case No. 303, 2020 (Del. June 1, 2021), Seitz, C.J., provides a framework for resolving disputes concerning administrative subpoenas that reflects great deference to administrative agencies such as the Continue Reading
Venture Capital & Emerging Growth Companies May 2021 Highlights
McCarter’s renowned Venture Capital & Emerging Growth Companies team empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. Clients doing great things Congratulations to client Northpass, a learning Continue Reading
Enhanced Opportunities to Benefit from the Employee Retention Credit
The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic. Business owners may be able to benefit from the significant improvements that Continue Reading