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HTMLMyriad Set for Another Round
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
September 30, 2014, previously published on September 29, 2014
On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. In the words of Myriad...

 

HTMLNextEnergy: Incubating Technology for Tomorrow's Homes and Cars
Jason P. Britt; Foley & Lardner LLP;
Legal Alert/Article
September 29, 2014, previously published on September 25, 2014
Two major forces are reshaping the cars that people will drive in coming years: the push to create a smarter (and eventually, even an autonomous) car, and the push for better fuel efficiency. Smarter cars are seen as a way to make the roads safer and less stressful to use, and fuel efficiency is...

 

HTMLTelemedicine and the Interstate Medical Licensure Compact is Here: Will it Succeed?
Nathaniel M. Lacktman; Foley & Lardner LLP;
Legal Alert/Article
September 29, 2014, previously published on September 25, 2014
After more than 18 months in the works, and with much public coverage in the telemedicine industry, the Federation of State Medical Boards (FSMB) made its Interstate Medical Licensure Compact available for review by state medical boards.

 

HTMLChina's Pollution Woes Trigger a New Environment for Manufacturers in China
Richard J. Ferris; Foley & Lardner LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
China presents foreign manufacturers with many paradoxes.

 

HTMLIrreparable Harm No Longer Presumed in the Third Circuit for Lanham Act Plaintiffsm No Longer Presumed in the Third Circuit for Lanham Act Plaintiffs
Janina Gorbach; Foley & Lardner LLP;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
In a recent decision, the Court of Appeals for the Third Circuit eliminated the presumption of irreparable harm for Lanham Act plaintiffs seeking preliminary injunctive relief. In Ferring Pharms., Inc. v. Watson Pharms., Inc., No.13-2290 (Aug. 26, 2014), the Third Circuit extended the Supreme...

 

HTMLEEOC's Changed Conception of Pregnancy Spawns New Litigation — and Important Reminders for Employers
Krista M. Cabrera; Foley & Lardner LLP;
Legal Alert/Article
September 24, 2014, previously published on September 22, 2014
Earlier this year, we noted that that the Equal Employment Opportunity Commission (“EEOC”) issued somewhat controversial enforcement guidance regarding pregnancy discrimination. It has now become evident that this enforcement guidance was a precursor of what was to come, as the EEOC has...

 

HTMLThe Creeping Union Part II: Why You Should Start Planning Now
Gael Y. Hagan, Anne B. Sekel; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 16, 2014
In our last post, we summarized the 2011 Specialty Healthcare decision and the potential for the NLRB to recognize an unduly burdensome number of smaller collective bargaining units. So far, cases interpreting Specialty Healthcare indicate that the NLRB’s expanded view has not resulted in a...

 

HTMLCourt Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions in Separation Agreements
Susan R. Maisa; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully restricted the rights of these employees under Title VII to file charges of...

 

HTMLWhen You Wish Upon a Scheduling Accommodation, Dreams Come True...
Leonard V. Feigel; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
The obligation for an employer to generally make scheduling accommodations to enable an employee to follow the basic tenets of his or her religious faith is a well-established requirement under Title VII’s anti-discrimination provisions. For example, employers are generally required to...

 

HTMLCFPB and FTC Stop Two Payday Lending Scams
Thomas I. Elkind; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
In separate suits brought by the Consumer Financial Practices Bureau (“CFPB”) and the Federal Trade Commission (“FTC”) federal courts have frozen the assets of two separate groups who allegedly defrauded consumers by creating unauthorized payday loans.

 


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