Inflation Reduction Act
Supreme Court Holds That Proof Of Materiality Is Not A Prerequisite To Certification Of Fraud-On-The-Market Securities Class Actions
On February 27, 2013, the United States Supreme Court issued its decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds , No. 11-1085, 568 U.S. __ (2013). In an opinion authored by Justice Ginsburg, 1 the Supreme Court...
Employers Must Post New FMLA Poster
No later than March 8, 2013, all employers covered by the Family and Medical Leave Act (FMLA) must display a new poster issued by the Department of Labor. The poster reflects recently adopted changes to FMLA regulations, most of which...
Key Trademark Rights Protection Mechanism for New Top-Level Domains Opens March 26, 2013
The first of hundreds of new generic top-level domain name (gTLD) registries 1 are expected to launch in the summer of 2013. The Internet Corporation for Assigned Names and Numbers (ICANN), the NGO that regulates the domain name space, published...
Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees
A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive facilities. The Court's ruling in this carefully watched suit...
Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State Courts
On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. 1 The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be heard in...
Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct
On February 19, 2013, the U.S. Supreme Court, in a unanimous decision , found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the Eleventh Circuit Court...
FTC Proposes Rules for Withdrawal of HSR Merger Filings
The Federal Trade Commission (FTC) has proposed formalizing its process for handling withdrawals of merger notifications under the Hart-Scott-Rodino (HSR) Act in order to better allocate its resources. The proposed changes to the HSR rules, which have been published for...
Terrorizing patent practitioners: Highlights from oral argument at the Supreme Court for Gunn v. Minton
On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn . 1 The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be...
Competition Advocacy Group Files Comments in FERC Proceeding Involving Transmission Merger
On January 22, 2013, the American Antitrust Institute (AAI), an independent non-profit organization with a mission to advance the role of competition in the economy and protect consumers, filed comments in the Federal Energy Regulatory Commission's proceeding involving the proposed...
NLRB Plans to Ignore D.C. Circuit Ruling Invalidating Obama Recess Appointments; Validity of Appointment of Richard Cordray as CFPB Director Also Suspect
In what appears to be the continuation of a showdown among the three branches of federal government, the D. C. Circuit ruled today that President Obama's January 2012 "recess" appointments of three members to the National Labor Relations Board ("Board")...
FERC Demands Due Diligence and Continues Focus on ISO Communications
Last month, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreement [1] (EnerNOC, Inc., 141 FERC ¶ 61,211 (2012)) to resolve an investigation by the Office of Enforcement (Enforcement) into whether EnerNOC, Inc. (EnerNOC) submitted...
HSR Thresholds Increase for 2013
The Federal Trade Commission (FTC) has announced revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 11, 2013. The revised thresholds will apply to any transaction closing on or after the effective date...
Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton
Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton 1 case decided by the Supreme Court of Texas 2 and the submission of Petitioner's and several supporting amicus curiae briefs. 3 Gunn...
The Debate Rages On Regarding Whether Default Fiduciary Duties Apply to LLC Managers Under Delaware Law
Earlier this year, we reported on the Delaware Court of Chancery's decision in Auriga Capital Corp. v. Gatz Properties, LLC , wherein Chancellor Strine held that traditional fiduciary principles apply to LLC managers or members by default. See Delaware Chancery...
Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk
On January 1, 2013—immediately after passing the fiscal crisis bill—the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have eroded the patent term of approximately...