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Insights on Consumer Products

744 total results. Page 17 of 30.

Alerts
Disclosing the Identity of a Complainant Can Constitute Retaliation Under the Sarbanes-Oxley Act
November 25, 2014
Michael L. Stevens

The United States Court of Appeals for the Fifth Circuit recently affirmed a decision of the Administrative Review Board of the Department of Labor, which had determined that a company’s disclosure of the identity of an SEC whistleblower.

Alerts
Form 477 Filer Interface Reopens, FCC Sets Deadline For Filing Form 477 for December 11, 2014
November 21, 2014

The Federal Communications Commission (FCC) has announced that its Form 477 Filer Interface has reopened.

Alerts
Crumbs Court Deals Protection for Trademark Licensees in Bankruptcy
November 14, 2014

The Bankruptcy Code definition of “intellectual property” does not explicitly include “trademarks.”

Alerts
Board Bursts Broker’s Bubble: TTAB Sustains Opposition on Fraud Grounds for First Time in Five Years
November 13, 2014
Anthony D. Peluso, Elizabeth H. Cohen

For the first time since 2009, the Trademark Trial and Appeal Board (TTAB) of the US Patent & Trademark Office (USPTO) has sustained an opposition on the grounds that the applicant committed fraud on the USPTO.

Alerts
Grow Yourself by Growing Your Curiosity
November 12, 2014

Never forget that it is more important to ask the question than to provide the answer.

Alerts
Exporters to Venezuela and Russia Beware: BIS Adds Venezuela and Russia to the ‘Military End Use’ and ‘Military End User’ Controls
November 12, 2014
Kay C. Georgi

On November 7, 2014, the Department of Commerce’s Bureau of Industry and Security (BIS) amended its Export Administration Regulations (EAR) to impose license requirements on the export, re-export, or transfer (in-country) of certain items to or within Venezuela when intended for a “military end use”

Alerts
Not So Fast! D.C. Court of Appeals Orders New Trial for Employee Who Alleged Retaliation for Intending to Testify in Another Employee’s Sexual Harassment Suit
November 11, 2014
Michael L. Stevens

The D.C. Court of Appeals, the District of Columbia’s highest court, recently vacated and remanded a trial court’s decision granting judgment as a matter of law to the District after the trial court concluded that the Plaintiff had failed to present a prima facie case of retaliation.

Alerts
What the 2014 Election Means for Patent Reform
November 10, 2014
Dan H. Renberg

Without a Republican majority in the Senate last year, Congress was unable to pass patent reform legislation.

Alerts
What the 2014 Election Means for Your Industry
November 5, 2014
Byron Dorgan*, Dan H. Renberg, Jon S. Bouker, Laura E. Doyle*, Philip S. English*
Alerts
NLRB ‘Doubles Down’: Board Affirms Controversial Ruling Barring Mandatory Agreements That Prohibit Arbitration of Class or Collective Action Employment Disputes
November 5, 2014
Michael L. Stevens

In January 2012, the National Labor Relations Board (NLRB or Board) decided arbitration clauses in employment contracts that require individual arbitration, rather than class-wide or collective actions, violate Section 8(a)(1) of the National Labor Relations Act (the NLRA or Act).

Alerts
Ordinary Course of Business Preference Defense Clarified in a Recent SDNY Bankruptcy Court Decision
November 3, 2014

Around this abundance of litigation developed a significant body of jurisprudence, to which Judge Sean Lane of the Southern District of New York Bankruptcy Court recently added in clarifying the ordinary course of business preference defense.

Alerts
Concerted Activity is Not Necessarily Protected: The NLRB Weighs in on Terminated Employees’ Facebook Comments
November 3, 2014
Michael L. Stevens

A National Labor Relations Board (NLRB or Board) administrative law judge (ALJ) found that two employees of a nonprofit youth center engaged in concerted activity when they discussed their workplace concerns via Facebook.

Alerts
Last Chance: New Way for Hospitals to Participate in the CMS Settlement Offer for Inpatient Claims
October 30, 2014
Hillary M. Stemple

In an effort to encourage hospitals to take advantage of the 68 percent settlement offer for previously denied inpatient claims, the Centers for Medicare and Medicaid Services (CMS) recently announced a new procedure.

Alerts
The Pitfalls of Imprecision: The Latest Momentive Decision Exposes the Weakness of Lien Subordination Under Intercreditor Agreements
October 30, 2014
Andrew I. Silfen

In recent years, second lien financings have increased in popularity. Senior creditors rely on intercreditor agreements to protect their interests by limiting the rights that junior lien holders would otherwise enjoy as secured creditors through either lien subordination, payment subordination.

Alerts
Before You 'Brand': Simplify, Then Amplify
October 27, 2014

Don’t let Hauge’s “pitch” language throw you off. What I am talking about here precedes “branding.” Develop your story; embody it; live it with passion; and connect to others. Then, your branding can begin. More on that later.

Alerts
Hospital System Responds in ‘Reverse False Claims Act’ Overpayment Suit
October 22, 2014
David S. Greenberg
Alerts
UPDATE: CMS Provides New Guidance to Hospitals on How to Settle Inpatient Appeals
October 21, 2014
Hillary M. Stemple
Alerts
Employee or Employer? Terminated Doctor Loses Appeal in Discrimination Case Because of Employer Status
October 21, 2014
Michael L. Stevens

The Seventh Circuit Court of Appeals recently affirmed a lower court’s conclusion that a doctor in a service corporation was actually an employer, and thus could not bring a claim under federal discrimination statutes based upon her termination.

Alerts
Government Gives Health Care Companies More Leverage in Their Negotiations with Physicians
October 14, 2014
Hillary M. Stemple

Health care organizations that contract with physicians can face potential liability, as well as exclusion from participation in federal health care programs, under various laws (such as the Stark Law), the anti-kickback statute, and the False Claims Act (FCA).

Alerts
OIG Proposes New Safe Harbors to Anti-Kickback Statute
October 10, 2014
Stephanie Trunk
Alerts
Court Finds That a Nail in the Head is an ADA Disability
October 7, 2014
Michael L. Stevens

In the City’s motion for summary judgment, it argued that Stragapede was not disabled under the ADA and that the City did not consider him to be disabled.

Alerts
The FMB Bancshares Decision: Clarifying or Not Clarifying TruPS Holders’ Exercise of Remedial Rights
October 7, 2014
Andrew I. Silfen, Beth M. Brownstein

This case presents a common scenario and dynamic that a party involved with a distressed bank holding company may have seen in the last several years.

Alerts
Local Drug Take-Back Law Creates Regulatory Burden for Manufacturers
October 6, 2014
Stephanie Trunk, Wayne H. Matelski

On September 30, 2014, the US Court of Appeals for the Ninth Circuit unanimously held that the first-in-the-nation Safe Drug Disposal Ordinance passed by Alameda County, California is constitutional.

Alerts
Federal Contractor Minimum Wage Update: DOL Issues Final Rule
October 3, 2014
Michael L. Stevens

On October 1, 2014, at the President’s directive, the Department of Labor promulgated the final rule raising the minimum wage for federal contract workers.

Alerts
The Department of Justice’s New Focus Could Place Health Care Executives at Risk
October 2, 2014
Peter R. Zeidenberg

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