Legal Articles: Shumaker, Loop & Kendrick, LLP

 







Document(s) published by this organization: 24


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Adobe PDFInternational Sales Contracts: Square Peg, Round Hole
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 6, 2016, previously published on April, 2016
The purpose of a sales contract is to define the parties’ obligations and to optimize outcome if a dispute arises. As such, a contract is a tool to manage risk and prevent loss. The good news is the vast majority of contracts are performed as planned, and no issues arise. The bad news is when...

 

HTMLEmployers Should Begin Preparing for New Overtime Rules
Daniel R. Strader; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
May 31, 2016, previously published on May 2, 2016
On March 13, 2014, President Obama directed the Department of Labor to update its overtime regulations under the Fair Labor Standards Act (“FLSA”), and the DOL issued its draft regulations in July 2015. After considerable delay (a welcome development from the standpoint of employers)...

 

HTMLA WHOLE NEW BALL GAME - Implications for Brand Owners of Proposed Rule Changes in the TTAB and the Actual Effects of the Supreme Court’s Decision in B&B Hardware One Year Later
Christina Davidson Trimmer; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
May 31, 2016, previously published on April 25, 2016
Trademark litigation has recently undergone, and continues to undergo, a number of important changes that may significantly affect the strategy of corporate counsel and trademark practitioners in managing these types of actions.

 

HTMLNew Federal Trade Secrets Law Brings Major Implications for Trade Secret Owners and Their Employees
Mindi M. Richter; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
May 30, 2016, previously published on May 12, 2016
On May 11, 2016, President Obama signed the Defend Trade Secrets Act into law. The Act amends the existing Economic Espionage Act, but more importantly, it creates for the first time a federal civil cause of action to protect trade secrets. The Act not only allows trade secret owners to bring suit...

 

HTMLCMS Issues Rule Proposing New Approach to Paying Clinicians for Value and Quality
Erin Smith Aebel, Jenifer A. Belt, Ronald A. Christaldi, Kelly A. Leahy; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
May 30, 2016, previously published on May 4, 2016
On April 16, 2015, President Obama signed the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). Among other things, MACRA: 1) repealed the Sustainable Growth Rate that was applicable to the Medicare Physician Fee Schedule, and 2) combined parts of the Physician Quality...

 

HTMLWebsite Compliance with the ADA - Emerging Threat of Litigation
Douglas A. Cherry, Robert A. Koenig; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
April 19, 2016, previously published on April 7, 2016
Over the last few months, a number of plaintiff’s law firms have sent demand letters to companies claiming that the company’s websites aren't accessible to disabled users, and thus violates Title III of the Americans with Disabilities Act (“ADA”).

 

HTMLChanges in the European Union
J. Todd Timmerman; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
April 14, 2016, previously published on March 30, 2016
As of March 23, 2016, the EU Trade Mark Regulation (EUTMR) came into force and replaced the Community Trade Mark Regulation (CTMR). Some of the more significant changes of which trademark owners should be aware are:

 

HTMLMedicare Clarifies 60 Day Overpayment Rule
Erin Smith Aebel, Kelly A. Leahy, Kelly A. Thompson; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
March 18, 2016, previously published on March 7, 2016
On February 12, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published the long-awaited final rule implementing an Affordable Care Act requirement for healthcare providers and suppliers to report and return identified Medicare Part A and Part B overpayments...

 

Adobe PDFWhen Worlds Collide: Article 2 of The Uniform Commercial Code and Chapter 11
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
March 3, 2016, previously published on February 2016
Picture the scene: You have just received word that your customer has filed Chapter 11. You had followed my advice (see article Reducing a Customer’s Accounts Receivable in the Zone of Insolvency), and put the customer on a cash-before-delivery basis and demanded assurances of performance....

 

HTMLReclamation or Section 503(b)(9) Claim? - A Potential Trap
David M. Grogan; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
February 15, 2016, previously published on February 2, 2016
With the 2005 amendments to the Bankruptcy Code, Congress may have created a potential trap for a creditor who wants to preserve its reclamation rights but also exercise the administrative expense claim, which was created by these amendments, for goods sold to a debtor. One bankruptcy debtor has...

 


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