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Swearing Behind: Don’t Get Stuck in a Catch-22 of Corroboration
  • Jones Day
  • USA
  • May 25 2018

The Federal Circuit’s recent decision in Apator Miitors ApS v. Kamstrump AS, No. 2017-1681 (Fed. Cir. Apr. 17, 2018) (Moore, joined by Linn and Chen)

Federal Circuit Issues Two Decisions Impacting Standing to Challenge Validity of Pharma Patents
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • May 23 2018

Two recent Federal Circuit decisions address when a party has standing to challenge the validity of a patent. Though the cases arose in different

Direct Contracting 101: Collaborations Between Employers and Health Care Providers
  • Jones Day
  • USA
  • May 21 2018

As employers continue to encounter escalating health care costs, many are exploring the "direct contracting" option, which allows for direct service

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval
  • Jones Day
  • USA
  • May 17 2018

Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission ("ITC") might be

A Tale of Two Judges: Lack of Binding Precedent on Arbitration Agreements Causes Uncertainty for Rhode Island Employers
  • Ogletree Deakins
  • USA
  • May 16 2018

Can two judges on the same court reach contradictory conclusions about the enforceability of the same arbitration agreement presented to two employees

Commission Overrules Xu v. Epic Systems, Finds Valid Arbitration Agreement or Waiver Bars Prosecution of WFEA Claims Before ERD
  • Ogletree Deakins
  • USA
  • May 11 2018

In Ionetz v. Menard, Inc., the Wisconsin Labor and Industry Review Commission overruled its previous and highly controversial decision Xu v. Epic

NLRB To Consider Rulemaking For Joint Employer Test
  • Hunton Andrews Kurth LLP
  • USA
  • May 10 2018

Recently, the NLRB created significant uncertainty as to the joint employer test under the NLRA when it vacated a December 2017 decision that

California Tightens Standard for Independent Contractor Classification
  • K&L Gates
  • USA
  • May 9 2018

On April 30, 2018, the California Supreme Court issued a major decision that is of importance to employers on the issue of proper classification of

Supreme Court Upholds IPR as a Valid Procedure for Challenging Patent Validity: Majority Reasons that Patents are Revocable “Public Franchises”
  • Sterne Kessler Goldstein & Fox PLLC
  • USA
  • April 24 2018

By a majority of 7-2, the Supreme Court has ruled that inter partes review is a valid exercise of statutory authority vested in the Patent Trial and

USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students
  • Jackson Lewis PC
  • USA
  • April 23 2018

The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the