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HTMLFederal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 21, 2014
On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v. Teva Pharmaceuticals, USA, Inc. While the order itself may not be surprising, with two opinions concurring in the denial and two dissenting, it is...

 

HTMLSecond Circuit Holds That Dodd-Frank Anti-Retaliation Provisions Do Not Apply Extraterritorially
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 14, 2014, the United States Court of Appeals for the Second Circuit held in Liu v. Siemens AG, No. 13-4385-cv, --F.3d -- (2d Cir. Aug. 14, 2014), that the Dodd-Frank anti-retaliation protection provisions do not apply extraterritorially, but the court did not address whether those...

 

HTMLTelephone Consumer Protection Act Express Consent Narrowed Again
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 17, 2014
Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the mother-in-law had an outstanding bill of $68. Nigro did not know...

 

HTMLViolation of OSHA Standards Now More Costly in Wisconsin
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 16, 2014
Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of Appeals had earlier held that an employer was required to make the...

 

HTMLPTAB Requires Additional Showing for Cross-Examination If Testimony Was Prepared for Another Proceeding
Matthew A. Ambros; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 16, 2014
A recent order from the Patent Trial and Appeal Board (“Board”) in an inter partes review illustrates how the Board may handle situations where a party seeks to depose a declarant whose testimony was submitted through a declaration from another proceeding ¿ requiring the party to...

 

HTMLSecond Circuit Adopts Broad Pleading Standard for Whistleblower Protection Under Sarbanes-Oxley Act, But Affirms Dismissal of Complaint
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 8, 2014, the United States Court of Appeals for the Second Circuit in Nielsen v. AECOM Technology Corp., No. 13-235-cv, -- F.3d -- (2d Cir. Aug. 8, 2014), joined a growing number of federal appellate courts that have adopted the Department of Labor’s plaintiff-friendly pleading...

 

HTMLBig Data and Its Implications for Corporate Decision-Making
Benjamin R. Dryden, Howard W. Fogt, M. Leeann Habte, Chanley T. Howell, James R. Kalyvas; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
In 2004, the total amount of data stored on the entire Internet was roughly equivalent to 100 years of all television content. By 2011, the amount of data stored electronically was equivalent to 36 million years of high-def (HD) video, and the numbers continue to increase exponentially. With all of...

 

HTMLWe Need a Smarter, Greener Grid, But How?
David R. Zoppo; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
There is no denying that the U.S. electrical grid is in need of replacing, but the route to achieving that goal is unclear. The EPA added another curve in June 2014 with its proposed and highly controversial Clean Power Plan, which requires the total carbon dioxide emissions from existing U.S....

 

HTMLGov. Cuomo Signs Law Extending Real Property Tax Abatement for Solar Power Installation
Samuel J. Scroggins; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 13, 2014
Governor Cuomo has signed into law a bill that extends real property tax breaks for installing electricity-generating solar panels on New York City buildings effective September 23, 2014.

 

HTMLContemporary Clothing's "Look" Collides With Title VII
Bennett L. Epstein; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 13, 2014
There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious accommodation dispute that has just taken a front and center position in the...

 


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