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Proskauer Rose LLP | USA | 26 Mar 2018

Snack Bar Class Action is KIND-ly Stayed Pending USDA Regulation on Bioengineered Food

Earlier this month, Judge William H. Pauley III in the Southern District of New York stayed a lawsuit against the snack bar maker KIND LLC, styled as


Proskauer Rose LLP | USA | 19 Jan 2017

No Stay Pending IPR in Brewing Patent Dispute

District court patent defendants often request a parallel inter partes review (“IPR”) proceeding at the U.S. Patent Office to challenge the validity


Proskauer Rose LLP | USA | 9 Dec 2016

NLRB Overturns Election Win For Employer That Failed To Timely Serve Voter List (Even Though Union Received List In Timely Fashion)

The NLRB is down to three members, the bare minimum required to conduct business, and so cases are being issued somewhat sporadically. The so-called


Proskauer Rose LLP | USA | 26 Jul 2016

False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice

Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of


Proskauer Rose LLP | USA, European Union | 18 Jul 2016

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

On May 31, 2016, the Advocate General ("AG") of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a


Proskauer Rose LLP | USA | 13 Jul 2016

July 2016 California Employment Law Notes

The EEOC filed suit against CRST (a trucking Company) alleging that over 250 female employees and prospective employees had been subjected to sexual


Proskauer Rose LLP | USA | 20 May 2016

Laches Defense Loses its Luster in LED Patent Dispute

In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated


Proskauer Rose LLP | USA | 28 May 2014

M.D. Florida: employee must report to SEC to be a protected Dodd-Frank whistleblower

Two weeks ago, the U.S. District Court for the Middle District of Florida dismissed with prejudice a former employee's Dodd-Frank whistleblower claim


Proskauer Rose LLP | USA | 12 Nov 2013

AAA adopts optional appellate arbitration process

The American Arbitration Association (AAA) has released new rules establishing an optional appeals process for parties involved in arbitration


Proskauer Rose LLP | USA | 1 May 2013

Late GST exemption allocation PLR 201313003

The IRS exercised its discretion to allow a taxpayer to make a late allocation of GST exemption. Over a six-year period, the taxpayer made transfers

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