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|Ohio Franchisors -- Is Your Liquidated Damages Clause Enforceable?|
Scott N. Opincar; McDonald Hopkins LLC;
May 22, 2013, previously published on May 17, 2013On October 31, 2012, the United States District Court for the Southern District of Ohio denied a franchisor’s demand for liquidated damages against two franchisees. The case, Leisure Systems, Inc. v. Roundup LLC, provides guidelines for determining whether liquidated damages clauses are...
|Another Federal Court Invalidates the Recess Appointment of an NLRB Member|
Ford Harrison LLP;
May 22, 2013, previously published on May 20, 2013Executive Summary: In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as required by the Recess Appointments Clause. ...
|Unambiguous Pollution Exclusion Knocks Out Neighborhood Mass Tort Action|
Andrew Grigsby; Hinshaw & Culbertson LLP;
May 22, 2013, previously published on May 20, 2013 The U.S Court of Appeals for the Eleventh Circuit addressed coverage under a commercial general liability policy for a developer being sued by an entire neighborhood of plaintiffs. In their complaint, the residents claimed bodily injury for negligence, nuisance, trespass and violations of the...
|Patent Eligibility of Software Innovations After CLS Bank|
Richard G. Gervase, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 22, 2013, previously published on May 17, 2013The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent statute or whether they fall within the judicially-created “abstract...
|Massachusetts High Court Applies Independent Contractor Statute to New York Workers|
Jeffrey A. Fritz, John P. McLafferty; Day Pitney LLP;
May 22, 2013, previously published on May 20, 2013On May 17, the Massachusetts Supreme Judicial Court (SJC) issued its ruling in Taylor v. Eastern Connection Operating, Inc., holding the Massachusetts independent contractor, wage and overtime statutes may apply, in certain circumstances, to out-of-state workers of Massachusetts companies.
|While We’re Waiting on Bartlett, Some New Preemption Challenges to Consider|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
May 21, 2013, previously published on May 20, 2013As folks in the generic drug industry patiently await the U.S. Supreme Court’s decision in Mutual Pharmaceutical Co. v. Bartlett (Docket No. 12-142), a design defect generic drug preemption case (see our previous post here), we thought we would whet the preemption appetite with two new...
|Texas Employers Gain Statutory Protection for Trade Secret Information|
Jackson Lewis LLP;
May 21, 2013, previously published on May 17, 2013Texas has joined 47 other states and the District of Columbia in adopting the Uniform Trade Secrets Act. The new law, Texas Senate Bill 953, which will go into effect on September 1, 2014, provides a number of protections for trade secrets in Texas. New Jersey most recently enacted a law to protect...
|Ohio Supreme Court Says Ohio Consumer Sales Practices Act Does Not Apply to Servicing of Residential Mortgage Loans|
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
May 21, 2013, previously published on May 15, 2013Does the Ohio Consumer Sales Practices Act ("OCSPA") (codified in Chapter 1345 of the Revised Code) apply to servicers of residential mortgage loans? That was the question an Ohio federal district court asked the Ohio Supreme Court to determine. The answer - it does not. See Anderson...
|Breach of Confidentiality May be Cause|
Donovan Plomp; McCarthy Tétrault LLP;
May 21, 2013, previously published on May 16, 2013If an employee views a confidential file contrary to clear and reasonable policy, she can be fired for cause. That was the judgment of the BC Supreme Court in Steel v. Coast Capital Savings Credit Union 2013 BCSC 527.
|Inevitable Disclosure of Trade Secrets is Not an Independent Cause of Action in Georgia|
Joel D. Bush, Audra A. Dial, Jeffrey H. Fisher; Kilpatrick Townsend & Stockton LLP;
May 21, 2013, previously published on May 20, 2013In Holton v. Physician Oncology Servs., LP, No. S13A0012, 2013 WL 1859294 (Ga. May 6, 2013), the Georgia Supreme Court held that Georgia law does not recognize the inevitable disclosure doctrine as an independent cause of action for trade secret misappropriation. Whether the potential for a...