Does Your Employee Handbook Help or Hurt You?
A handbook that was once the foundation of good employment practices may now violate federal law, and nothing has changed except how the General Counsel for the National Labor Relations Board (the GC) interprets the National Labor Relations Act (NLRA).
Texas Can Deny Film Grant over Movie's Content
In a ruling certain to disappoint those who want to film B-grade action movies in Texas on the cheap, the U.S. Court of Appeals for the Fifth Circuit decided that the producers of <i>Machete Kills</i> don't have a First Amendment right to an incentive grant from the Texas Film Commission.
Development
Discussion of a case in which an association was not entitled to summary judgment
Marketing Tech: Embracing IoT and Big Data Means Future Success
These days, we are continually being bombarded by one new tech concept after another ' the most current being IoT (or the Internet of Things) and Big Data. To feel secure moving our businesses forward among the onslaught of all these changes, it is necessary to simplify our understanding to bring peace to the progress of our quickly advancing world.
Off-Label Promotion and Product Liability
The pharmaceutical industry has recently felt empowered by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about off-label uses. However, there is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.
Anti-Concurrent Causation Clauses
The interpretation of ACC clauses by the courts is dependent upon the specific policy wording, the pertinent facts, general principles of contract interpretation, the venue of the lawsuit, and most importantly, the particular state's approach to causation.
Why Should Outside Counsel Care?
In a recent survey, 36% of the outside attorneys indicated that they lost clients based on faulty or nonexistent communications on their part ' yes 36%! So why are they not getting the message?
Federal Circuit's Opinion In <i>In re Tam</i>
Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves.
IP News
Federal Circuit: Even If Experts on Both Sides Agreed on an Altered Claim Construction During Trial, Relying on That More Detailed Claim Interpretation During JMOL Is an Impermissible Reconstruction<br>Federal Circuit: USPTO Decision to Initiate CBM Review Not Reviewable By Federal Circuit, But Decision To Qualify a Patent As a CBM Patent Is
