Fiscal Year 2016 H-1B Cap
February 28, 2015
If companies have employees who will need to be sponsored for new H-1B visas for the fiscal year 2016, they should get started now. U.S. Citizenship and Immigration Services (USCIS) will start accepting new H-1B petitions for fiscal year 2016 on W ednesday, April 1, and it is extremely likely that this year's H-1B quota will be met within five business days of the opening.
The 2015 Employer Mandate Is Here
February 28, 2015
The year 2015 is here and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice. Those companies with fiscal plan years may have until the first day of their 2015 plan year to satisfy the mandate, if certain requirements are first satisfied.
Counsel Concerns
February 28, 2015
When Weil, Gotshal & Manges litigators get tapped for an antitrust class action, it's usually assumed the firm is playing defense. But a bit of role-reversal paid off for Weil Gotshal in February, when a judge awarded the firm $16.1 million in class counsel fees and expenses, and signed off on a $58.5 million settlement payment it negotiated from the music performance-rights organization SESAC.
When Your Data Goes Viral
February 28, 2015
As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. Although many associate data breaches with hackers or cyberattacks, human error, such as a mistake in computer coding or losing a company laptop, also results in significant breaches.
With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close
February 28, 2015
In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation has resulted in important precedents that will help define the boundaries under the Copyright Act for the multi-channel programming distribution industry.
'Product-Hopping' Can Be Snagged Under the Antitrust Laws
February 28, 2015
Branded drug companies naturally want their exclusivity period to last as long as possible. Extending a period of market dominance without patent or regulatory protection, however, raises antitrust concerns. One recent practice, called "product-hopping," has started to generate private antitrust claims from generic drug companies and end users.
A Child 's Attorney As Hearsay Conduit in Custody Litigation
February 28, 2015
The evidentiary rules have been hailed as "the palladium of the judicial process." Such panegyrics to the rules of evidence are quite warranted. Yet, sadly, in practice, fidelity to the rules of evidence, and particularly to the rule banning hearsay, is far less than it ought to be.
The New Hybrid Standard for Appellate Review in Claim Construction
February 28, 2015
The Federal Circuit has long maintained that it is entitled to review a claim construction decision <i>de novo</i>, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of <i>de novo</i> review in favor of a hybrid approach.
What to Do When an Entertainment Industry Licensee or Licensor Files for Bankruptcy
February 28, 2015
Legal uncertainty abounds for entertainment industry licensees and licensors when their license counterparties enter the murky waters of bankruptcy. When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code '365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. By contrast, when a licensee considers filing for bankruptcy, it must consider whether it can assume or assign the license.
