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Documents on Labor And Employment, Pharmaceuticals
 

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HTMLDistrict of Colorado Expansively Construes Protected Activity under Dodd-Frank, But Finds No Causation
Harris Michael Mufson, Steven J. Pearlman, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article
April 8, 2013, previously published on April 5, 2013
The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a retaliation claim under Dodd-Frank, but it ultimately dismissed the claim...

 

HTMLJustice Department Enforcement of False Claims Act Continues Upward Trend
Nick Michael Beermann, David R. Jimenez; Jackson Lewis LLP;
Legal Alert/Article
January 10, 2013, previously published on January 8, 2013
The Department of Justice has netted $4.9 billion in financial settlements and judgments from civil fraud cases in Fiscal Year 2012 (ending September 30, 2012), according to a recent DOJ announcement. This is the DOJ’s largest financial recovery for a single year, eclipsing the previous...

 

FILEIf I Have A Medical Marijuana Recommendation, Can I Be Fired?
Melissa Bobrow; Law Offices of Melissa Bobrow;
Legal Alert/Article
January 9, 2013, previously published by Employment Law & Litigation Committee Newsletter Fall 2011
In California medical marijuana is decriminalized, but what does that mean in terms of your job? Can you be fired, even if you have a valid recommendation? Even if you never show up to work under the influence of marijuana?

 

HTMLU.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt "Outside Sales" Employees under the FLSA
Richard S. Rosenberg; Ballard Rosenberg Golper & Savitt LLP;
Legal Alert/Article
December 13, 2012, previously published on July 12, 2012
The U.S. Supreme Court has, for the first time, interpreted the applicability of one of the so-called "white collar exemptions" to the Fair Labor Standards Act ("FLSA"). In a 5 to 4 decision, sharply divided along ideological lines, the conservative majority held that sales...

 

HTMLFourth Circuit Holds That Merck’s Corporate Non-Retaliation Policies Do Not Create Employment Contract Rights Due to Unambiguous At-Will Disclaimers
Igor M. Babichenko, Mary E. Pivec; Williams Mullen;
Legal Alert/Article
December 7, 2012, previously published on December 5, 2012
On November 27, 2012, the Fourth Circuit reversed a $555,000.00 jury verdict in favor Jennifer Scott (“Ms. Scott”), a former employee of Merck & Co., Inc. (“Merck”), who sued for breach of contract based on a whistleblower non-retaliation policy contained in the...

 

HTMLSuperior Court Affirms The Right Of The Employer To Require A Claimant To Fill Her Prescriptions Through A Provider Of Its Choosing.
Paul V. Tatlow; Marshall, Dennehey, Warner, Coleman & Goggin;
Legal Alert/Article
October 4, 2012, previously published on October 1, 2012
The issue on appeal in this case is whether the claimant had the right to obtain her prescriptions from a provider of her choosing rather than utilizing the company with which the employer had contracted.

 

HTMLFederal Circuit Looks at Intellectual Property Terms of Employment Agreement to Decide Patent Ownership
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 13, 2012, previously published on August 1, 2012
In Preston v. Marathon Oil Co., the Federal Circuit examined the terms of an employment agreement in order to determine the owner of the patents at issue. Although aspects of the agreement were interpreted under state (Wyoming) law, the decision may be relevant to many employment agreements.

 

HTMLSupreme Court Rules Pharmaceutical Sales Representatives Exempt from Overtime Payments Under the Outside Sales Exemption of the Fair Labor Standards Act
Carolyn Marcotte; Hiscock & Barclay, LLP;
Legal Alert/Article
July 31, 2012, previously published on July 27, 2012
On June 18, 2012, the United States Supreme Court ruled that the pharmaceutical sales representatives in Christopher v. SmithKline Beecham Corp., 567 U.S. &under;&under; (2012) who visit doctors’ offices to promote (but not sell) their products are outside sales personnel exempt from federal...

 

HTMLNon-Compete Agreements: Handle with Care
Melissa Gaul, Pablo Guzman; Davis LLP / Davis SENCRL/SRL;
Legal Alert/Article
July 30, 2012, previously published on July 23, 2012
A recent case from the Québec Court of Appeal dealing with non-compete agreements has significant implications for employers, particularly in industries where these types of agreements are the norm as a means of protecting the company’s intellectual capital.

 

HTMLEven the Supreme Court Finds the FLSA Confusing
Shulman Rogers Gandal Pordy Ecker P.A.;
Legal Alert/Article
July 7, 2012, previously published on July 2, 2012
Over the last few years there has been an explosion in litigation under the Fair Labor Standards Act (FLSA). Employers have been subject to significant liability as the result of class claims seeking damages for large groups of employees. Much of the litigation has focused on whether employees were...

 


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