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Documents on Labor And Employment, Pharmaceuticals
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|District 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;
April 8, 2013, previously published on April 5, 2013The 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...
|Justice Department Enforcement of False Claims Act Continues Upward Trend|
Nick Michael Beermann, David R. Jimenez; Jackson Lewis LLP;
January 10, 2013, previously published on January 8, 2013The 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...
|If I Have A Medical Marijuana Recommendation, Can I Be Fired?|
Melissa Bobrow; Law Offices of Melissa Bobrow;
January 9, 2013, previously published by Employment Law & Litigation Committee Newsletter Fall 2011In 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?
|U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt "Outside Sales" Employees under the FLSA|
Richard S. Rosenberg; Ballard Rosenberg Golper & Savitt LLP;
December 13, 2012, previously published on July 12, 2012The 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...
|Fourth 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;
December 7, 2012, previously published on December 5, 2012On 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...
|Superior 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;
October 4, 2012, previously published on October 1, 2012The 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.
|Federal Circuit Looks at Intellectual Property Terms of Employment Agreement to Decide Patent Ownership|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
August 13, 2012, previously published on August 1, 2012In 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.
|Supreme 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;
July 31, 2012, previously published on July 27, 2012On 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...
|Non-Compete Agreements: Handle with Care|
Melissa Gaul, Pablo Guzman; Davis LLP / Davis SENCRL/SRL;
July 30, 2012, previously published on July 23, 2012A 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.
|Even the Supreme Court Finds the FLSA Confusing|
Shulman Rogers Gandal Pordy Ecker P.A.;
July 7, 2012, previously published on July 2, 2012Over 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...