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HTMLMyriad’s Continuing Patent Debate
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
On October 6, 2014, the U.S. Court of Appeals for the Federal Circuit entertained oral argument in the interlocutory appeal of the district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent...

 

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...

 

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...

 

HTMLGovernor Vetoes Proposed Changes to California Franchise Law
Michael A. Bowen, Roberta F. Howell; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
To the surprise of many, California Governor Jerry Brown has vetoed the proposed changes to California’s franchise laws that were discussed in our Client Alert on August 28, 2014. In his veto message, Governor Brown criticized the bill’s substitution of “substantial and material...

 

HTMLMarket for Collision-Avoidance Technology Booms as Cars Become Smarter
Lauren M. Loew; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 16, 2014
Many mass-market vehicles include sensors and cameras to assist motorists with parking and backing up, and some models even include lane change assist and smart cruise control to maintain a safe distance from traffic ahead. According to IHS Automotive, the demand for collision avoidance technology...

 

HTMLLegal Preparedness - Are You Ready for Ebola?
Torrey K. Young; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 14, 2014
With confirmed Ebola Virus Disease (EVD) patients in the United States, health care facilities and providers should review whether they are compliant with existing laws and recommendations for emergency preparedness. Providers should take the time during non-emergency circumstances to identify...

 

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....

 

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...

 


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