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What limits are there on a New York municipality's exercise of its zoning power? The Court of Appeals recently addressed that question in the context of municipal ordinances banning fracking, but the implications of the case are broader, suggesting that the state legislature must use explicit language to pre-empt local zoning authority.
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California Franchise Legislation Advances <br>Franchisor Sued over Use Of Logo Similar to NJ's Garden State Parkway Logo
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Since its enactment in 1984, the scope of the "safe harbor" provision of the patent code has been in flux. The provision is intended to exempt from infringement certain acts related to the development of drugs and medical devices that are subject to FDA regulatory approval, to enable competitors to immediately enter the market upon patent expiration. However, the contours and boundaries of the safe harbor have been a consistent source of controversy in the courts.
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In-depth analysis of several important cases.
Features
Helping a firm's marketing and sales team to perform at its peak is part of the role of an effective firm leader. There are two key areas where firm leadership may play an important role.
Features
Congress enacted the Family Medical Leave Act (FMLA) to allow employees to take necessary leave from their jobs for their own or a family member's serious health condition. Congress's intent was to help employees to "balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interest in preserving family integrity ' in a manner that accommodates the legitimate interests of employers." 29 U.S.C. ' 2601.
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A recent decision by the Minnesota Supreme Court addressed the enforceability of a provision commonly found in vendor program agreements ' that a transaction presented by the vendor to the lessor/financier is valid and enforceable.
Columns & Departments
Analysis and discussion of five pivotal cases.