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Litigation

  • The long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.

    October 02, 2015Charles G. Miller
  • On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in Ariosa Diagnostics, affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.

    October 02, 2015David L. Walker and Angela L. Morrison
  • Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last?
    Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them

    October 02, 2015Darryl A. Hart
  • Colleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.

    October 01, 2015Marisa Kendall
  • Federal Circuit: In An IPR Proceeding, The Burden Lies With The Petitioner To Show 'Substantial Evidence' That The Prior Art Patent Is Entitled To The Priority Date Of Its Provisional Application
    Federal Circuit: Scope Of Reexamination Claims Is Reviewed De Novo

    September 30, 2015Howard J. Shire and Brent T. Hagen
  • The Future of the Music Business 4th Edition, by Steve Gordon.

    September 02, 2015ALM Staff | Law Journal Newsletters |
  • This summer, the U.S. Court of Appeals for the Second Circuit decided Glatt v. Fox Searchlight Pictures, an important decision concerning whether Fox's unpaid interns were "employees" under the federal Fair Labor Standards Act and the New York Labor Law and, therefore, entitled to recover minimum wage, plus time-and-a-half for overtime, for the periods they worked at Fox.

    September 02, 2015Thomas E. Chase
  • Consumer Suit Over Beats Music App Sent to Arbitration
    No Right of Publicity Claim for Company, But Individual with Same Name as Company Can Proceed
    "Procure Employment" Clause in California Talent Agencies Act Survives "Vagueness" Challenge

    September 02, 2015Stan Soocher
  • Lex Machina, a legal analytics company that grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page "copyright litigation report" developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.

    September 02, 2015Lisa Shuchman