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Lathrop Gage LLP

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PHMSA issues long-awaited advisory bulletin clarifying MAOPMOP verification requirements, foreshadows rulemaking to eliminate grandfather clause

USA - May 16 2012 On May 7, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an Advisory Bulletin to clarify the record verification requirements for establishing Maximum Operating Pressure (MOP) for hazardous liquid pipelines and Maximum Allowable Operating Pressure (MAOP) for natural gas pipelines

European opposition tactic using ambiguous patent conveyances in employee agreements

European Union - June 1 2015 Opponents in Europe have been invalidating priority claims in European patent applications using a formalistic challenge. In Europe, in order to have

Eleventh Circuit adopts Davila, the Supreme Court’s ERISA preemption test

USA - February 15 2010 More that five years after the U.S. Supreme Court decided Aetna Health Inc. v. Davila, 542 U.S. 200 (2004), the Eleventh Circuit officially adopted the Court’s ERISA complete preemption test

PHMSA clarifies operator requirements for national pipeline registry

USA - March 23 2012 On March 21, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an advisory bulletin in the Federal Register clarifying operator registry and notification requirements under the National Pipeline Operator Registry

Second Circuit holds that an excess insurer is not bound by a primary insurer’s settlement agreement

USA - November 25 2009 In General Star National Insurance Company v. Universal Fabricators, Inc., 2009 WL 3645683 (2d Cir. Nov. 5, 2009), the Second Circuit held that a primary insurer’s settlement of an underlying action did not bind a non-participating excess insurer

New Kansas Act Allows Relief for Purchase of Contaminated Property

USA - May 18 2016 On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to

Department of Labor Final Rule Raises Minimum Salary for Exempt Status to $913 Per Week, Effective December 1

USA - May 18 2016 The minimum salary that an employer must pay in order to classify most workers as exempt from overtime has increased from $455 per week to $913 per

Death Knell for Knockoffs and Counterfeits?

USA - May 16 2016 The U.S. Supreme Court recently agreed to hear the question that, as one Appellate Court characterized, has had the courts “twisting themselves

New Defend Trade Secrets Act Brings Need to Adjust Employment Contracts, Policies and Handbooks

USA - May 13 2016 Trade secret theft, much of it cyber-theft, annually costs American businesses roughly $320 billion, the value of all U.S. exports to Asia each year

POTUS Signs The Defend Trade Secrets Act

USA - May 12 2016 On May 11, President Barack Obama signed the Defend Trade Secrets Act (the "Act") into Law. The Act, which passed overwhelmingly in Congress last