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 »
“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 »
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 »
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 »
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 »
[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 »
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 »
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 »
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 »
