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HTMLCalifornia District Court Reaffirms that Collective Bargaining Agreements Define When Overtime Begins
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: In Kilbourne v. Coca-Cola Company, the US District Court for the Southern District of California granted partial summary judgment in favor of Coca-Cola in connection with a former employee’s overtime claims. The court held that, although California Labor Code Section 510 sets forth...

 

HTMLCalifornia Supreme Court Ups the Ante for Employers to Meet the Commissioned Employee Exemption
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: The California Supreme Court recently issued a unanimous decision in Peabody v. Time Warner Cable, Inc., clarifying several issues regarding employer commission plans. Under Time Warner’s commission plan, employees had to meet three specified conditions to “earn” their...

 

HTMLState Court Lawsuit Removable if Plaintiff-Employee’s Pleadings “Fully Incorporate” EEOC Charge
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 29, 2014, previously published on August 26, 2014
“You have been sued.” Upon reading these first few words of a state court citation, most Texas employers—indeed, most employers—make it their first order of business to remove the case to federal court if at all possible. Defense attorneys cite various advantages to be...

 

Adobe PDFCircuit Court Finds Workers’ Compensation Immunity Statute 440.11 Unconstitutional
Hinda Klein; Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A.;
Legal Alert/Article
August 29, 2014, previously published on August 14, 2014
We have received numerous inquiries regarding a Miami-Dade Circuit Court's order granting an Amended Motion for Summary Judgment in favor of Petitioners Florida Workers' Advocates, Workers' Injury Law & Advocacy Group and Elsa Padgett in a case ostensibly against the Florida Attorney General....

 

HTML7th Cir. Confirms Protections for Sealing Parties' Confidential Documents
Eric J. Hatchell; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 27, 2014
A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v. Rhinehart, 47 U.S. 20 (1984), confirmed that discovery material can...

 

HTMLFederal Circuit Upholds Validity of Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTMLForgettable You (or “Why You Should Care About Mario Gonzalez”)
Joseph W. Worthen; Rudolph Friedmann LLP;
Legal Alert/Article
August 29, 2014, previously published on August 14, 2014
Most Americans would be outraged by a law requiring that certain library books be taken off the shelves and burned. How, then, would those same Americans react to a law that said: “The books can stay on the shelves, but destroy their index cards”?

 

HTMLD.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure
Duane Morris LLP;
Legal Alert/Article
August 29, 2014, previously published on August 27, 2014
The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some participants of the electric energy industry, has survived what could...

 

HTMLWant to Arbitrate Employee Disputes? Keep Your Paperwork!
Rebecca R. Hanson; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate class action litigation risks. For companies who have implemented such...

 

HTMLFederal Circuit Denies Nokia Petition For Writ Of Mandamus (2014-133)
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
August 29, 2014, previously published on August 25, 2014
On July 24, 2014, the Federal Circuit issued an order in In re Nokia Inc. and Nokia Corp. (2014-133). In the order, the Federal Circuit denied Nokia Inc. and Nokia Corp.'s (collectively, "Nokia") petition for a writ of mandamus to compel the U.S. International Trade Commission (the...

 


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