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HTMLCalifornia About to Make Franchise Terminations Harder
Michael A. Bowen, Roberta F. Howell; Foley & Lardner LLP;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
A bill on the verge of becoming law in California will sharply narrow the grounds for termination of franchises in that state, and may require re-examination of the terms of franchise agreements. Existing California law bars termination of franchises prior to expiration of their terms “except...

 

HTMLFederal Circuit Upholds Validity of Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTMLWant to Arbitrate Employee Disputes? Keep Your Paperwork!
Rebecca R. Hanson; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate class action litigation risks. For companies who have implemented such...

 

HTML7th Cir. Confirms Protections for Sealing Parties' Confidential Documents
Eric J. Hatchell; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 27, 2014
A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v. Rhinehart, 47 U.S. 20 (1984), confirmed that discovery material can...

 

HTMLFMLA Stands for "Family and Medical Leave Avalanche"
Christopher G. Ward; Foley & Lardner LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
We noted last year that 20 years after the original passage of the Family and Medical Leave Act (“FMLA”), the Department of Labor issued a survey report lauding the effectiveness of the law and the positive impact it has had on the American workforce. One of the most interesting points...

 

HTMLNo Workers' Comp Immunity! No Insurance! Sure Is a Problem
Gregory D. Snell; Foley & Lardner LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally forfeits the right to bring civil suit (subject to limited...

 

HTMLWill the USPTO Respond to Public Feedback of Its Eligibility Guidance?
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
Periodically, the USPTO holds open meetings with the public to discuss its thinking on current topics relating to the patent procurement process. Late last week, the Biotechnology, Chemical and Pharmaceutical Customer Partnership of the USPTO announced the first bi-coastal meeting to be held via...

 

HTMLThe "Equal Pay Report" - Yet Another New Regulation Requiring Compliance by Federal Contractors
Daniel A. Kaplan; Foley & Lardner LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
The Equal Pay Report - yet another obligation being imposed on federal contractors is coming to you soon. The Office of Federal Contract Compliance Programs (“OFCCP”) released information on another new rule that will require all federal contractors and subcontractors to prepare and...

 

HTMLAiring the USPTO's Naturally Occurring Dirty Laundry — the Subject Matter Eligibility Stain
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
It has been five months since the USPTO issued its Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or...

 

HTMLWill Self-Driving Cars be Accepted by Consumers?
Matthew J. Riopelle; Foley & Lardner LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
As recently discussed on Dashboard Insights, 68% of global automotive industry executives expect self-driving cars to be on the market by 2025. While self-driving cars may be on the market within the next decade, will consumers, particularly American consumers, actually want to own one?

 


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