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HTMLThe Creeping Union Part I: Could a “Micro-Union” Happen to You?
Gael Y. Hagan, Anne B. Sekel; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 12, 2014
Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB) decision, the answer is “no.” In fact, as explained below, the...

 

HTMLCourt Finds Patent Indefiniteness In Unobtrusive Claims
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
In Interval Licensing LLC v. AOL, Inc., the Federal Circuit applied the test for patent indefiniteness set forth in the recent Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, and found that claims reciting an “unobtrusive” display were invalid. In so doing, the Federal...

 

HTMLUnlocking the Promise of Personalized Medicine: Reimbursement, Coverage, and Clinical Utility
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
AmerisourceBergen, in connection with the Business of Personalized Medicine Summit, released “Unlocking the Promise of Personalized Medicine: Perspectives on Reimbursement, Coverage, and Clinical Utility” (“Report“). The Report explores the role of personalized medicine in...

 

HTMLBan-the-Box Bandwagon Requires Application Review
John F. Birmingham; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications. This follows the EEOC’s scrutiny of the use of criminal convictions...

 

HTMLBest Practices in Drafting U.S. Government Subcontract Terms and Conditions
Erin L. Toomey; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition Regulation (FAR) and FAR agency supplemental clauses. A...

 

HTMLThe New Protected Class: Unpaid Interns (Are They Worth the Trouble?)
Bernard J. Bobber; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that adds yet another layer of compliance complexity. States are beginning...

 

HTMLWisconsin Supreme Court 2013-2014 Term Summary Part 1: By the Numbers
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
Last week the court heard the first oral arguments for its 2014-15 term. Now that this new term has arrived, we will spend some time over the next few weeks in a series of posts reviewing what the court did last term.

 

HTMLCustomer Collaboration and Predictive Analytics Can Lead to Successful Product Manufacturing
Pavan K. Agarwal, James R. Kalyvas, Andrew E. Rawlins; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
Advanced manufacturing companies increasingly implement “Intellectual Property Plus,” an expanded view of IP assets and risks. Through this lens, companies incorporate customer expectations and preferences in new product development, on the one hand, and navigate the potential...

 

HTMLBYOD and the Auto Industry: A Marriage Made in Heaven or Hell?
Mark J. Neuberger; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
By all accounts, Bring Your Own Device (BYOD) to work is catching on like wildfire because virtually every American worker holds a device in the palm of their hand which is faster and more powerful than some of the most powerful desktop computers from as little as ten years ago. As employees at all...

 

HTMLToo Late to Compel Arbitration? Think Again!
Yonaton Aronoff; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association provides a helpful guideline for drafting mandatory dispute resolution...

 


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