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HTMLSEC's Enforcement Action Against Hedge Fund Adviser for Retaliation Against a Whistleblower Highlights Challenges Employers Face
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
June 20, 2014, previously published on June 18, 2014
After repeated warnings over the last few years that it had both the authority and willingness to do so, on June 16, 2014, the SEC brought its first enforcement action for retaliation against a whistleblower under the Dodd-Frank Wall Street Reform and Consumer Protection Act...

 

HTMLWhat Marriage Equality Means for Your Employee Benefits
Michael A. Schultz; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 17, 2014
A frequent headline in the news as of late has been “Federal Judge in State X finds same-sex marriage ban unconstitutional” and then shortly thereafter “Hundreds of couples marry in State X” complete with a picture of a same-sex couple who have been together for decades...

 

HTMLIs America Ready for "Made in the U.S.A." Clothing?
Andrea I. Gonzalez; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 11, 2014
While the reshoring tide is undeniably rising, the prospect of clothing and apparel manufacturing returning to the United States remains uncertain. Back in the 1960s, about 95% of clothing worn in the U.S.A. was also made here. Today the opposite is true. Can we flip the switch again?

 

HTMLSupreme Court Holds That Lanham Act False Advertising Claims Are Not Preempted by FDCA
Andrew Baum; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 12, 2014
Earlier today, the U.S. Supreme Court unanimously held that a Lanham Act false advertising case may be brought even if Food and Drug Administration (FDA) beverage labeling regulations permit use of the challenged claim. Reversing the Ninth Circuit, the Court held in POM Wonderful LLC v. The...

 

HTMLFederal Circuit Says Mistaken Belief Required for Reissue Error
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 17, 2014
In In re Dinsmore, the Federal Circuit held that the reissue process could not be used to correct an alleged defect in a terminal disclaimer between patents that were not commonly owned, because there had been no “mistaken belief” to support a reissue error within the meaning of the...

 

HTMLIs Evidence of Obviousness Always Required?
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 12, 2014
In K/S HIMPP v. Hear-Wear Technologies, LLC, the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board (PTAB) that upheld the decision of the Central Reexamination Unit Examiner that refused to hold claims obvious where the inter partes reexamination requestor had failed to...

 

HTMLCritical Considerations in Healthcare Affiliations
Roger D. Strode; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 16, 2014
The trend of affiliations between healthcare providers (we use the term “affiliation” to include all manner of transactions, including mergers, acquisitions, joint operating arrangements, etc.) continues at a rapid pace. Continued economic pressure brought on by decreasing Medicare...

 

HTMLSupreme Court Denies Cert in Elmbrook School District v. Doe
William J. Katt; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 16, 2014
In a somewhat surprising move, the U.S. Supreme Court today denied the Elmbrook (Wisconsin) School District’s petition for a writ of certiorari in Elmbrook School District v. Doe, No. 12-755, over the dissents of Justices Scalia and Thomas. The School District petitioned from the decision of...

 

HTMLChicago Innovation Hub Gets First Grant - Adaptive Vehicles
Jeffrey A. Soble; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 16, 2014
The Digital Manufacturing and Design Innovation (DMDI) Institute has its first grant. That grant, $10 million, is from the Defense Advanced Research Agency (DARPA). DARPA develops new technologies for the United States military.

 

HTMLFederal Circuit Dismisses WARF Stem Cell Case - A Missed Opportunity
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 16, 2014
Recently in Consumer Watchdog v. Wisconsin Alumni Research Foundation, No. 2013-1377 (Fed. Cir. 2014), the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) dismissed Appellant Consumer Watchdog’s appeal on the ground that as a party, it lacked Article III standing. While the...

 


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