Newsletters

12.15.16

Design Patents—Supreme Court Decides Samsung v. Apple

On December 6, 2016, the Supreme Court decided Samsung v. Apple, holding that, for purposes of a "total profits" damages award for infringement of a design patent under Section 289 of the Patent Act, the relevant "article of manufacture" can be limited to one or more individual ...


12.12.16

Voters Embrace Minimum Wage Increases, Legalized Marijuana

While employers wait to see the impact of Donald Trump's forthcoming presidency, voters made their feelings clear on two employment-related issues: minimum wage and marijuana.


11.22.16

AARP Challenges EEOC’s Wellness Program Regulations

The AARP filed suit against the Equal Employment Opportunity Commission (EEOC) in D.C. federal court, requesting an injunction to halt the implementation of the EEOC’s new wellness program regulations.


11.21.16

Post-Election Analysis: Healthcare Antitrust in a Trump Administration

In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained control of the House and Senate.


11.21.16

IRC § 501(r) Developments and the Importance of Compliance Programs

The Internal Revenue Service (IRS) has moved aggressively to ensure that tax-exempt hospitals are complying with financial assistance, billing and collection requirements under the Affordable Care Act (ACA).


11.15.16

D.C. Circuit Hears Argument on FCC Petitions

On October 19, Judges Srinivasan and Pillard and Senior Judge Edwards of the D.C. Circuit heard argument in ACA International v. FCC, which addressed several consolidated petitions, including those by the U.S. Chamber of Commerce and Sirius XM, challenging the Federal Communications ...


11.03.16

California Employers Have Special Obligations on Election Day

Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to allow employees sufficient time to vote. Employers should ensure that they have a full understanding of and plan for responding appropriately to ...


11.01.16

Supreme Court: What Constitutes an Insider Trading “Personal Benefit”

On October 5, 2016, the Supreme Court heard oral argument in Salman v. United States, where the central issue was what the government needs to prove to establish a “personal benefit” to the insider tipper—one of the elements of insider trading liability.


10.25.16

California Employers Face New Laws

Employers in California will be facing some new laws in the coming months as Governor Jerry Brown signed several employment-related bills on the last day of the legislative session.


10.25.16

Federal Circuit After Stryker/Halo

On June 13, 2016, the U.S. Supreme Court decided the consolidated cases of Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc. and, as had been widely anticipated, overturned the Federal Circuit's "inelastic" Seagate standard for awarding enhanced ...