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HTMLThe Second Prong of The Inside Salesperson Test - Is the California Supreme Court Poised to Upend The Commissioned Employee Exemption?
Daniel B. Chammas, Mason R. Winters; Venable LLP;
Legal Alert/Article
August 1, 2014, previously published on July 25, 2014
In Peabody v. Time Warner Cable, Inc., the California Supreme Court clarified that, to satisfy the commissioned employee exemption, employees must be paid more than 1.5 times the minimum wage in the employee's actual pay period - e.g., in the given bi-weekly or semi-monthly pay period. Employers...

 

HTMLPublications Feature Chris Condeluci's Reaction to Conflicting ACA Subsidy Rulings
Christopher E. Condeluci; Venable LLP;
Legal Alert/Article
August 1, 2014, previously published on July 24, 2014
This week, two federal court rulings offered contradictory interpretations of a key component of the Affordable Care Act (ACA). A federal appeals court in Washington, DC ruled that Congress did not provide for subsidies on health insurance policies purchased through federal exchanges, a ruling...

 

HTMLDraft Forms Released for the Affordable Care Act's Health Coverage Reporting Requirements
Harry I. Atlas, Thora A. Johnson, Laura A. Taylor; Venable LLP;
Legal Alert/Article
August 1, 2014, previously published on July 29, 2014
The Affordable Care Act (ACA) imposes new reporting requirements on employers and insurance companies offering health coverage. Last week, the IRS released drafts of the four forms that will be used by employers and insurers to make these reports beginning in early 2016 for the 2015 calendar year.

 

HTMLDesign Patent Developments at the Federal Circuit - 2014 Term
Ralph A. Dengler, Andrew P. MacArthur; Venable LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
In addition to its heavy docket of utility patent cases, the Federal Circuit also rendered several design patent decisions of interest thus far in the 2014 term. Among them is in a recent non-precedential opinion in Anderson v. Kimberly-Clark Corp., the Federal Circuit affirmed the application of...

 

HTMLUsing Copyright to Protect Your Brand's Characters
Joshua J. Kaufman; Venable LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
When “Brand Protection” is discussed in the advertising context, trademark protection is typically what comes to mind. An often overlooked tool is copyright protection. If in advertising you have developed a “character” (think Progressive Insurance's “Flo”...

 

HTMLGovernment Contractors Now Prohibited From LGBT Discrimination
Nathaniel S. Canfield, Paul A. Debolt, Douglas B. Mishkin, Emily M. Tortora; Venable LLP;
Legal Alert/Article
August 1, 2014, previously published on July 29, 2014
Beginning immediately, federal government contractors are prohibited from discriminating based on sexual orientation or gender identity in the performance of those contracts, under President Obama's Executive Order dated July 21, 2014. That Order amends Executive Order 11246, which already...

 

HTMLCPFB Turns Three: Three Years, Big Impact
Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
The Consumer Financial Protection Bureau (“CFPB”) has concluded its third year. Created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Bureau has taken significant steps to define its role in the consumer financial services...

 

HTMLIPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
Inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) became available on September 16, 2012 as a post-grant review procedure to challenge the patentability of issued claims based on prior art patents and publications. To help navigate the uncharted waters of this procedure,...

 

HTMLVersata v. SAP: PTAB Decision Does Not Trump a Final Jury Verdict
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
As discussed in an earlier article, the final decision in the first covered business method review (CBM) in SAP America, Inc. v. Versata Data Development Group, PTAB Case CBM2012-00001, presents many issues of first impression regarding the scope of AIA trials. Most recently, the Federal Circuit...

 

HTMLInsights from a Recent Panel on Navigating AIA Trials
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
On July 14, 2014, the Bar Association of the District of Columbia presented "Navigating AIA Trials at the USPTO," a panel discussion on the Leahy-Smith America Invents Act (AIA) trials, which took place at the D.C. office of Venable LLP. The diverse panel included Patent Trial and Appeal...

 


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