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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...

 

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...

 

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...

 

HTMLSeventh Circuit Warns Intervenors Not to Sleep on Their Rights
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management Services, Nos. 14-1270 & 14-2284 (Sept. 11, 2014). First...

 

HTMLRecent College Coach Lawsuits Emphasize the Importance of Good Contract Language
Daniel W. Werly; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been an increasing number of controversies involving college coaches, which in...

 

HTMLDoes the Medicare Telehealth Parity Act of 2014 Stand a Chance?
Nathaniel M. Lacktman; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
“Telehealth saves money and helps save lives. By expanding telehealth services, we can make sure the best care and the best treatments are available to all Americans, no matter where they live.”

 

HTMLPatent Office Extends AFCP 2.0 and QPIDS Pilot Programs to September 2015
Andrew Balazer; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 13, 2014
The United States Patent and Trademark Office (USPTO) just announced it has extended the After Final Consideration Pilot program (AFCP 2.0) and the Quick Path Information Disclosure Statement program (QPIDS), which are now set to run until September 30, 2015.

 

HTMLAttorneys' Fees Awarded to Small Business Patent Owner to Advance Considerations of "Compensation and Deterrence"
Ellen T. Wong; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 8, 2014
A recent case in the District of Connecticut demonstrates that courts may be more willing to award attorneys’ fees to a small plaintiff, encouraging such a plaintiff to protect its patent when it is the plaintiff’s “primary business asset[],” even if potential damages for...

 

HTMLMais Reversed: If You Give Me Your Number, I Can Call It, However I Want
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of...

 


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