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Employers Cannot Consider Prior Salary History to Justify Wage Gap under the Federal Equal Pay Act
  • Jackson Lewis PC
  • USA
  • April 20 2018

On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in Rizo v. Yovino, holding that employers cannot consider an employee’s prior


Deadline Approaching for Skilled Nursing Facilities to Use New CMS Advance Beneficiary Notice of Non-Coverage Form
  • Dykema Gossett PLLC
  • USA
  • April 16 2018

Effective April 30, 2018, skilled nursing facilities (SNFs) must use revised Medicare Skilled Nursing Facility Notice of Non-coverage (Form CMS-10055


USPTO Says Overlapping Range In Prior Art Insufficient to Invalidate Method of Treatment Patent
  • Dechert LLP
  • USA
  • April 13 2018

Pharmaceutical patents frequently claim treatment methods that utilize a range of amounts or concentrations for the active ingredient or excipients


Defendant Is Not Estopped from Relying on a Prior Art Reference in District Court that Is Related to a Reference Used in a CBM So Long as the Reference Includes New Disclosure
  • Knobbe Martens
  • USA
  • April 12 2018

In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion


Futures & Derivatives Law Report
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • USA
  • April 12 2018

The Commodity Futures Trading Commission (CFTC or Commission) recently took several steps to further encourage cooperation with and self-reporting to


Prior Salary Cannot Justify Pay Disparities Under the Federal Equal Pay Act
  • Davis Wright Tremaine LLP
  • USA
  • April 12 2018

In an important decision, the Ninth Circuit overturned its long-standing precedent to rule that prior salary, whether alone or in combination with


“Stark and Abrupt Change” Required for Constructive Notice in FMLA Cases
  • Vinson & Elkins LLP
  • USA
  • April 10 2018

Many employers ignore the multitiered notice requirements of the Family Medical Leave Act (“FMLA”) (an issue that I will discuss in a future post


Supreme Court Passes on ADA Leave Question, For Now
  • Hogan Lovells
  • USA
  • April 4 2018

We blogged in February about two Seventh Circuit cases pending before the Supreme Court that would have given the Court the opportunity to provide


Tribunal remands $100 million sales tax refund case to ALJ
  • Morrison & Foerster LLP
  • USA
  • April 3 2018

After the New York State Appellate Division reversed the Tax Appeals Tribunal's earlier decision denying a sales tax refund of over $100 million, the


USITC Declines To Designate An Antitrust-Based Section 337 Investigation For Early Disposition
  • Squire Patton Boggs
  • USA
  • April 2 2018

Under a pilot program initiated in 2013, the U.S. International Trade Commission (ITC) may designate an investigation for early disposition if it