Topic: Appeals Court Decision

Is a Private Equity Fund Responsible for the Pension Obligations of a Bankrupt Portfolio Company?

“… the First Circuit found that the Sun Capital fund having a 70 percent ownership interest in SBI had ‘undertaken activities as to the [Scott Brass Inc. (SBI)] property,’ became ‘actively involved in the management and operation’ of SBI, and that the general partners of the funds had authority to make decisions about ‘hiring, terminating,… Read more »

JD Supra Corporate Brief: Data Collection, Background Checks, Two-Step Acquisitions, Securities Fraud

On the go? Get the JD Supra Corporate Brief delivered to your inbox, every weekday morning. Sign up here. New guidance from the Digital Advertising Alliance sets forth specific requirements for the collection and use of data from mobile devices… (Wilson Sonsini Goodrich & Rosati) Financial institutions that use criminal background checks to screen job… Read more »

JD Supra Corporate Brief: Fair Working Conditions, WARN Act Notices, Deferred Employee Compensation, Human Gene Patents

It’s Friday, and here at the JD Supra Corporate Brief, that means an extra Danish on the way into the office. Care to join us? How can multinationals ensure fair working conditions for workers on the other side of the globe? (NAVEX Global) The exemption from WARN Act notices for companies in Chapter 11 just… Read more »

Employers: 1, NLRB: 0 – Controversial “Poster Rule” Struck Down

Earlier this week, a federal appeals court ruled that the National Labor Relations Board’s “notice poster rule” – which would have required essentially all private sector employers to post a notice informing employees of various rights provided by the National Labor Relations Act – was invalid. The rule has been controversial since it was announced… Read more »

Off-Label Marketing Conviction Violates First Amendment

“In an opinion that will certainly be welcomed by many in the industry, the court rejected the government’s interpretation of the Food, Drug and Cosmetic Act’s (FDCA) misbranding provisions, holding, ‘We conclude simply that the government cannot prosecute pharmaceutical manufacturers and their representatives under the FDCA for speech promoting the lawful off-label use of an… Read more »

Court Finds See’s Candy Policy of Rounding of Employee Hours Lawful

In late October, employer See’s Candy Shops was handed a sweet victory by the California Court of Appeals in a ruling that validates the company’s practice of rounding employee time entries to the nearest tenth of an hour. From Laura Reathaford of law firm Proskauer: “The Court of Appeal rejected Silva’s contentions and held that… Read more »

Akamai / McKesson Ruling Changes Standard for Proving Induced Infringement

On August 31, 2012, the Court of Appeals for the Federal Circuit issued a ruling that, writes Tony Dutra at Bloomberg BNA, “will likely have more effect on patent law in the future than Apple’s iPhone design patents will.” Nicole Smith and Ryan Malloy (law firm Morrison & Foerster) explain: “In the 6-5 decision, the… Read more »

Who’s to Clean Up Cross-State Pollution? The Answer is Blowin’ in the Wind…

Earlier this week, a DC court of appeals judicial panel struck down the Environmental Protection Agency’s Cross-State Air Pollution Rule (CSAPR), also known as the Transport Rule. From law firm Butler Snow: “In a 2-1 sharply divided decision, the Court didn’t just remand the rule to EPA for ‘reworking,’ it vacated the rule in toto… Read more »

Ignorance Is Not Bliss: Feds Hold Executives Criminally Liable for Corporate Misdeeds

[Link: Responsible Corporate Officer Doctrine: Executives Who Allow Misdeeds Face Career-Ending Consequences – LXBN] Corporate executives who fail to notice – and put an end to – criminal misdeeds that happen on their watch can pay a high price for their lack of oversight. Case in point: Purdue Pharma’s fraudulent marketing of OxyContin, which led not… Read more »

Sunbeam Ruling Strengthens Rights of IP Licensees in Bankruptcy

Earlier this month, the Seventh Circuit Court of Appeals ruled in Sunbeam Products v. Chicago American Manufacturing that rights held by a trademark licensee do not automatically end when the license agreement is rejected by a trademark owner in bankruptcy. It’s a significant ruling for IP licensees because it allows them to continue to use… Read more »

California Corporations Score Big Tax Win with Gillette Ruling

On July 24, 2012, a California Court of Appeals ruled in Gillette Company v. Franchise Tax Board that Gillette – and any other California corporate taxpayer with multistate operations – is entitled to calculate its income tax based on methods set forth in the Multistate Tax Compact adopted by the state in 1974. First, the… Read more »

Text Copy: Appeals Court Rules Against Obama Healthcare Law | Florida v. HHS

See below for a full text copy of today’s Appeals Court decision ruling Obama’s mandated healthcare legislation (Obamacare) unconstitutional.The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage in the individual mandate. But the opinion also finds that the rest of the law… Read more »