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Second Circuit Decision Warns Plan Administrators to Strictly Adhere to ERISA Regulations & Plan Terms
  • Arent Fox LLP
  • USA
  • April 5 2018

Health plans and administrators subject to the Employee Retirement Income and Security Act have been warned: failure to comply with ERISA’s procedural

Regulatory Forecast 2018: What Corporate Counsel Need To Know For The Coming Year
  • Crowell & Moring LLP
  • USA
  • March 1 2018

The theme of last year’s Regulatory Forecast essentially wrote itself: 100 days after a watershed election, we pulled out our crystal balls to wonder

NLRB Overturns Browning-Ferris Joint Employer Standard
  • Seyfarth Shaw LLP
  • USA
  • December 18 2017

Joint employer status potentially can exist under the NLRA -- and other employment laws -- in a variety of circumstances including labor user-supplier

Broadest Reasonable Interpretation v. Broadest Possible Interpretation
  • Baker Botts LLP
  • USA
  • November 22 2017

During examination of a patent, the claims are “given their broadest reasonable interpretation consistent with the specification.” Generally, the BRI

OIG Issues Stark Warning to Skilled Nursing Facilities: Potential Abuse or Neglect of Residents Receiving Emergency Room Services is Being Underreported to Law Enforcement
  • Cadwalader Wickersham & Taft LLP
  • USA
  • September 6 2017

On August 24, 2017, the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) issued an “Early Alert” that

Supreme Court Limits Owner Rights After a First Sale of a Patented Product
  • Baker Botts LLP
  • USA
  • May 30 2017

Today, the Supreme Court issued its opinion in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189, 581 U.S. ___ (2017), and

First Circuit Affirms Dismissal of Former Sales Representative’s False Claims Act Claims Against Medical Device Manufacturer
  • McDermott Will & Emery
  • USA
  • December 22 2016

On December 16, 2016, the US Court of Appeals for the First Circuit issued an opinion in United States ex rel. Hagerty v. Cyberonics, Inc. (Case No

British Columbia Labour Relations Board Accepts Application Using E-Signed Union Membership Cards
  • Buckley Sandler LLP
  • Canada
  • August 18 2016

Recently, the British Columbia Labor Relations Board (Board) issued a decision accepting a trade union’s application under the Labour Relations Code

Third Circuit establishes "refined" standard for determining whether a joint employment relationship exists under the FLSA
  • Proskauer Rose LLP
  • USA
  • July 20 2012

In In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litigation, No. 112883, 2012 WL 2434747 (3d Cir. June 28, 2012), the United States Court of Appeals for the Third Circuit established a "refined" test for determining whether joint employment exists under the Fair Labor Standards Act ("FLSA").

Using a Rule 12(f) motion to strike class allegations in the Ninth Circuit: the aftermath of Whittlestone
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 9 2011

Last year, the Ninth Circuit curtailed the use of Rule 12(f) motions to strike in a case of first impression called Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970 (9th Cir. 2010).