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![]() | Pennsylvania Supreme Court Overturns State Trademark Counterfeiting Law Duane Morris LLP; October 30, 2009, previously published on October 9, 2009 In a 4-3 decision, the majority on the court concluded the law was unconstitutionally broad and that it violated the U.S. Constitution's guarantee of free speech. In the consolidated cases of <i>Commonwealth v. Omar</i> and <i>Commonwealth v. O'Connor</i>, the court's... |
![]() | Court Challenge to Maine's New Marketing Law Fails Brian D. Anderson; Sheppard, Mullin, Richter & Hampton LLP; October 6, 2009, previously published on September 15, 2009 On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely unconstitutional. Nonetheless, the judge dismissed the challenge to the Act... |
![]() | California's Budget Woes Threaten Its Ability to Pay Its Contractors: Will Your Next Progress Payment Be an IOU? Rogers Joseph O'Donnell, A Professional Corporation; September 17, 2009, previously published on January 22, 2009 As the California budget stalemate reaches unprecedented heights, and the State of the California's cash and credit reaches unprecedented lows, contractors working for State agencies are facing work stoppages, contract suspensions or terminations, and delayed payments. |
![]() | Public Employers' Right to Discipline Employees Refusing To Answer Investigation Questions Affirmed By California Supreme Court Carmen Plaza de Jennings, Jayne Benz Chipman; Curiale Hirschfeld Kraemer LLP; September 4, 2009, previously published on February 12, 2009 The California Supreme Court has rendered its long-awaited decision in Spielbauer v. County of Santa Clara, S150402, decided February 9, 2009. The Court held that under certain circumstances, a public employee can be terminated or otherwise disciplined for refusing to answer questions in an... |
![]() | A New Law for Arizona Employers: The "Parking Lot Law" Craig J. O'Loughlin, David T. Barton; Quarles & Brady LLP; August 8, 2009, previously published on July 2009 Arizona employers should be aware that on September 30, 2009, a new Arizona law goes into effect that allows employees and visitors to keep a firearm locked inside their vehicle when parked on the private property owned by an employer, even if the employer prohibits weapons on its premises.... |
![]() | Attack on Maryland's Noneconomic Damages Cap Fails In High Court Paul N. Farquharson, Jeffrey Tittsworth; Semmes, Bowen & Semmes, [incorporation phrase format]A Professional Corporation; August 10, 2009, previously published on July 2009 The Maryland Court of Appeals recently held that Maryland's statutory cap on noneconomic damages applies to claims brought under the state's Consumer Protection Act. The Court rejected arguments that the cap only applies to personal injury claims based on traditional common law torts, such as... |
![]() | Texas "Whistle Blower" Nurse Indictments Raise Eye Brows Holland & Hart LLP; August 7, 2009, previously published on July 30, 2009 Things happen differently in West Texas where it can rain red mud. In Winkler County Memorial Hospital in Kermit, Texas two nurses who consider themselves as "patient advocates" have been indicted by Winker County Attorney, Mike Fostell for violation of Texas Penal Code 39.06, the misuse... |
![]() | Drug Marketers Fight Proposal to Ax Tax Break for Ads Manatt, Phelps & Phillips, LLP; August 4, 2009, previously published on July 10, 2009 Drug manufacturers are up in arms over a congressional proposal that would do away with tax deductions for direct-to-consumer (DTC) advertising of prescription drugs. |
![]() | The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community Ronald W. Breaux, David H. Harper, Michael T. Powell; Haynes and Boone, LLP; July 30, 2009, previously published on July 20, 2009 The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized below. |
![]() | Vehicle Searches Incident to Lawful Arrests: Police Can or Can't After Gant? D. Michael Crites, Adam R. Todd; Dinsmore & Shohl LLP; July 28, 2009, previously published on July 8, 2009 April 21, 2009 likely changed law enforcement and criminal prosecution forever. On that day, the United States Supreme Court announced its latest decision regarding warrantless searches of vehicles incident to lawful arrests in Arizona v. Gant. |







