Continuing a trend that began in 2006 with the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third Circuit has ended the practice of presuming irreparable harm in Lanham Act cases. Parties requesting a preliminary injunction in such cases will Continue Reading
Note: Understanding the Relationship Between the Doctrine of Patent Exhaustion and Self-Replicating Technologies after Bowman v. Monsanto Co.
Amy Berg authors a publication, “Understanding the Relationship Between the Doctrine of Patent Exhaustion and Self-Replicating Technologies after Bowman v. Monsanto Co,” in the St. Louis Law Journal. Continue Reading
Big Data and the Law, or What to Expect When You Are Expecting Something for “Free”
And Now More Disclosure Requirements for Federal Contractors – Employee Compensation
OFCCP proposes new rule mandating new and sweeping contractor disclosures of employee compensation Federal contractors and subcontractors that have 100 or more employees and a federal contract, subcontract or purchase order exceeding $50,000 should pay close attention to a new rule proposed by Continue Reading
New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process
New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history information, or another law precludes an individual with a criminal history from Continue Reading
Executive Order Continues Focus on Labor Laws for Contractors
Under an Executive Order signed by President Obama on July 31, 2014, contractors and subcontractors are faced with a wave of new obligations concerning labor laws and pre-dispute arbitration agreements. The provisions of the Order mandate that contractors and subcontractors disclose Continue Reading
Whistleblower Expenses Not Allowable
Under a new final rule, contractors and subcontractors may not seek to recover from the government their legal costs and expenses incurred in connection with whistleblower retaliation claims. The Department of Defense, the General Services Administration, and the National Aeronautics and Space Continue Reading
U.S. Brokers Doing Business Overseas
Recently, regulators have made inquiries about the lawfulness of U.S. brokerage firms soliciting foreign clients. The regulators want to know under what exemptions or rules U.S. firms can do business overseas. This is a new trend.BackgroundIn years past, U.S. financial firms, when doing business Continue Reading
Gov’t Must Integrate Insurance With Cybersecurity
Cyber intrusions and attacks have increased dramatically over the last few years, exposing sensitive information, disrupting operations and imposing high costs on business and the economy. In an effort to encourage a stable, safe and resilient cyberspace, President Obama issued Executive Order Continue Reading
Health Law Insights Newsletter – Issue 4
McCarter & English, LLP’s Health Care Group presents the June 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal Updates CMS Publishes Final Rule on Part D and Medicare Advantage RuleProposed Rule to Extend Certified Continue Reading