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HTMLYou Posted My Medical Information on Facebook?!?!?
Jonathan W. Oliff; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 7, 2014
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals and ensures equal opportunity for persons with disabilities in employment. An employer is required to make a reasonable accommodation to an employee’s known disability if it would not impose an...

 

HTMLStaying One Step Ahead of Norma Rae — Tips for Staying Union Free
Michael W. Groebe; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 7, 2014
If you think unions are going away anytime soon based on recent defeats like those suffered by the UAW at Volkswagen in Tennessee, think again. The UAW and others have stepped up their organizing efforts and do not be surprised if they come knocking on your company’s door seeking to...

 

HTMLHospitals Urging SCOTUS to Limit False Claims Act Penalties
Torrey K. Young; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 7, 2014
The American Hospital Association along with the United States Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America recently submitted an amici curiae brief in support of petitioners, Gosselin World Wide Moving, urging the Supreme Court to bar excessive FCA penalties....

 

HTMLPersonalized Medicine Today: PMC Issues Fourth State of the Industry Report
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 5, 2014
Personalized medicine is changing the paradigm of the research, development and delivery of health care. The Personalized Medicine Coalition (PMC), a consortium of interested stakeholders that seeks to promote the understanding and adoption of personalized medicine concepts, services and products,...

 

HTMLDistrict Court Distinguishes Lawson v. FMR LLC and Dismisses Complaint
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
After the United State Supreme Court’s plaintiff-friendly decision in Lawson v. FMR LLC, 134 S.Ct. 1158 (Mar. 4, 2014), we wrote regarding the “limiting principles” that the Supreme Court said might be applied in the future in interpreting Section 806 of the Sarbanes-Oxley Act of...

 

HTMLFederal Circuit Looks for a Different Kind of Unexpected Results in BMS v. Teva
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
In Bristol-Myers Squibb Co. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit affirmed the district court’s finding that BMS’s Baraclude® patent is invalid as obvious. In so doing, the court gave little weight to unexpected results characterized as reflecting a difference in...

 

HTMLAfter the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases
Jean-Paul Ciardullo, Cynthia J. Rigsby; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate actors. Yet, only one week later, the district court in Digital Reg of Tex.,...

 

HTMLFourth Circuit Rules Whistleblower Failed to Show Disclosures Were a Contributing Factor to His Firing
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
In Feldman v. Law Enforcement Associates Corporation, No. 13-1849, 2014 U.S. App. LEXIS 8833 (4th Cir. May 12, 2014), the United States Court of Appeals for the Fourth Circuit concluded that a whistleblower, Paul Feldman, failed to demonstrate that his disclosures of alleged company wrongdoing were...

 

HTMLCFTC Announces First Whistleblower Award
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On May 20, 2014, the Commodity Futures Trading Commission (“CFTC”) announced its first whistleblower award since it implemented its whistleblower program in 2011 after the passage of the Dodd-Frank Act. The whistleblower will receive $240,000. According to Gretchen Lowe, acting director...

 

HTMLKnow Your Affiliates
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
One aim of the Investment Company Act is to protect against fund insiders, or affiliated persons, using fund assets for their own purposes to the detriment of the fund and its shareholders. For example, Section 17 of the Act prohibits or restricts a wide range of affiliated transactions, and...

 


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