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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...

 

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...

 

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...

 

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....

 

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...

 

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...

 

HTMLFinally Facing First Inventor to File Issues
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102. While those changes were a hot topic in March of 2013, it is only over...

 

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...

 


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