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An in-depth discussion of two recent decisions about the sufficiency of FMLA notices.
Tthe federal Court of Appeals in New York ruled earlier this year that an employer cannot necessarily avoid liability for overtime wages ' even if its policy requires prior approval for overtime work, and even if the employer did not have actual knowledge that its employees were working overtime hours. This article looks at the court's recent decision.
Features
The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
Many companies give away their coverage for IP claims because they accept their insurers' self-serving assessment that coverage does not exist. This article provides an overview of the issues that typically arise when determining the extent of coverage for IP claims under advertising injury coverage.
Even in the absence of discrimination itself, juries often find employers guilty of retaliation with no more evidence than the short time between the employee's complaint and the alleged retaliatory act. Here's what to do.
Features
Electronically stored information ('ESI') is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in <i>Victor Stanley, Inc. v. Creative Pipe, Inc., et al.</i>
Features
The court's refusal in <i>Johnson & Johnson v. Karl</i>, to recognize the learned intermediary doctrine and rejection of it wholesale lacks a sound basis. It is a legal aberration that warrants a prompt legislative response to codify the learned intermediary doctrine in West Virginia.
Features
In a case closely watched by intellectual property holders, the D.C. Circuit has provided new guidance on the potential antitrust consequences of the failure to disclose patent rights during a standard setting proceeding.
The Supreme Court's recent unanimous decision in <i>Quanta Computer, Inc., et. al. v. LG Electronics, Inc.</i>, expands the scope of the patent exhaustion doctrine and redefines an area of patent law that had been subject to considerable confusion for decades.
