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Federal Circuit overturns central component of trademark trial and appeal board’s Medinol doctrine
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- August 31 2009
In one of the most closely watched trademark-related appeals in recent memory, In re Bose Corp., No. 2008-1448, slip op. (Fed. Cir. Aug. 31, 2009), the United States Court of Appeals for the Federal Circuit has overturned the central holding of the Trademark Trial and Appeal Board’s decision in Medinol Ltd v. NeuroVasx Inc., 67 U.S.P.Q.2d 1205 (T.T.A.B. 2003
North Carolina's amended minimum wage law
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- January 31 2007
In its 2006 session, the North Carolina General Assembly raised the state minimum wage to $6.15 an hour, effective January 1, 2007
Can arbitrators compel non-parties to produce documents prior to hearings?
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- February 1 2007
In arbitrations, parties often desire to obtain documents or testimony from third parties
Treasury issues additional executive compensation rules for TARP participants
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- January 20 2009
The U.S. Department of the Treasury has issued interim final rules for reporting and recordkeeping requirements under the executive compensation standards of the Troubled Asset Relief Program’s (TARP) Capital Purchase Program (CPP
United States v. Textron Inc. (1st Cir. Jan. 21, 2009)
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- January 23 2009
In this IRS summons case, the Court of Appeals for the First Circuit, one judge dissenting, ruled that Textron's tax accrual workpapers are attorney work product and are protected against forced disclosure to the IRS
Department of Labor opinion letter clarifies FMLA notice requirements
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- May 11 2009
The Family and Medical Leave Act ("FMLA") requires an employee seeking FMLA leave for an unforeseeable event to give the employer "such notice as is practicable."
Supreme Court protects from retaliation comments made during an employer's internal discrimination investigation
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- January 28 2009
In addition to prohibiting employment discrimination based on race, color, sex, religion, and national origin, Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees because they have either (1) filed a charge of discrimination or participated in an administrative proceeding or investigation under Title VII or (2) “opposed” conduct made unlawful by Title VII
The EEOC issues new guidelines on discriminatory treatment of workers with caregiving responsibilities
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- May 29 2007
Federal equal employment opportunity laws such as Title VII and the Americans with Disabilities Act (ADA) do not directly address discrimination against caregivers - that is, persons with caregiving responsibilities for a child, elder, spouse, or disabled person
The Supreme Court unanimously holds that a potentially responsible party may seek recovery costs from other potentially responsible parties under Section 107 of CERCLA
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- June 13 2007
On June 11, in a unanimous opinion written by Justice Thomas, the United States Supreme Court resolved the key question left open by its decision three years ago in Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 (2004
Occupational Safety and Health Review Commission limits “controlling employer” liability in the construction industry
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- June 12 2007
Since 1994, the Occupational Safety and Health Administration (“OSHA”), through its multi-employer worksite policy, has issued citations not only to construction employers that exposed their employees to health and safety hazards (“exposing employers”), but also to employers that created the hazardous condition (“creating employer”), employers that had the ability to correct the hazardous condition (“correcting employer”), and employers that had “general supervisory authority over the construction worksite” (“controlling employer”
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