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Certifying a Settlement Class: What’s Good for the Goose Has to be Good for the Gander
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 8 2018

Late last month, in In re Hyundai & Kia Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018) (Hyundai), a divided Ninth Circuit panel reversed the

Second Circuit Breaks Ground: Sexual Orientation Discrimination Federally Protected
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • March 7 2018

On February 26, 2018, the Second Circuit ruled for the first time that discrimination based on sexual orientation is unlawful under Title VII of the

The Economic Substance Doctrine: A U.S. Anti-Abuse Rule
  • Ruchelman PLLC
  • USA
  • March 5 2018

Major corporate transactions typically reflect at least two separate elements. One is the business arrangement agreed to by the parties. The other is

The Scope Of IPR Petitioner Estoppel For Non-Petitioned Grounds Remains Uncertain
  • Jones Day
  • USA
  • March 2 2018

There is no doubt that “the potential for estoppel is one of the important considerations for defendants in deciding whether or not to file an inter

Supreme Court Resolves Circuit Split on Scope of Whistleblower Protections
  • Sheppard Mullin Richter & Hampton LLP
  • USA, Ireland
  • February 28 2018

On February 21, 2018, the Supreme Court issued a pivotal decision narrowing the definition of a whistleblower under the Dodd-Frank Wall Street Reform

Anticipation or Obviousness? Combining Distinct Teachings in a Single Prior Art Reference
  • Baker Botts LLP
  • USA
  • February 27 2018

In Microsoft Corp. v. Biscotti, Inc., 878 F.3d 1052 (Fed. Cir. 2017), the Federal Circuit considered the issue of whether a prior art reference may

Federal Circuit Revives Polaris’ Claims After PTAB’s Obviousness Analysis Veers Off Course
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • February 23 2018

On February 9, 2018, in vacating and remanding parts of an obviousness decision, the Federal Circuit found that the Patent Trial and Appeal Board

Supreme Court May Take Up Tricky ADA Leave Issue
  • Hogan Lovells
  • USA
  • February 20 2018

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to

The Preclusive Effect of Related PTAB Decisions
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • February 16 2018

In MaxLinear, Inc. v. CF Crespe LLC, the Federal Circuit recently confirmed that issue preclusion applies to administrative agency decisions

Is a Self-Funded STD Plan an ERISA Plan or an Exempt Payroll Practice?
  • Dickinson Wright
  • USA
  • February 12 2018

ERISA generally governs all pension and welfare benefit plans. In regulations, the Department of Labor (“DOL”) has exempted certain types of plans or