The U.S. Supreme Court agreed Friday to consider when software innovations are eligible for patents in a closely watched case between Alice Corp. and CLS Bank International, a move hailed by attorneys who say they’ve been left in the dark on the proper eligibility standard for computer-related software following a deeply divided decision by the Federal Circuit.
As the U.S. Supreme Court hears oral arguments on Tuesday examining the federal government's power to regulate air pollution across state lines, experts say both sides will be focused on swaying Justice Anthony Kennedy, who will likely once again cast the deciding vote in a critical environmental case.
The First Circuit on Friday tossed a whistleblower’s closely watched False Claims Act suit accusing Takeda Pharmaceutical Co. Ltd. of defrauding Medicare by concealing drug risks, finding insufficient specifics but declining to endorse a district court’s ruling that such misconduct could never support FCA liability.
One of the authors of a recent U.S. Chamber of Commerce report calling for an overhaul of the False Claims Act on Friday defended the report’s reform proposals, despite claims from a whistleblowers’ advocate that the act was an effective anti-fraud tool that did not need revision.
National Labor Relations Board member Nancy Schiffer should step away from a long-running legal battle over whether Pittsburgh, Pa.-based Point Park University faculty members can unionize because of her previous employment as an AFL-CIO attorney, the school told the NLRB last week.
The National Labor Relations Board on Wednesday asked the U.S. Supreme Court to weigh in on the Fourth Circuit's ruling that deemed recess appointments to the board in 2012 unconstitutional, saying the high court should hold the case until it decides Noel Canning.
New Jersey's high court won't disturb a published appellate decision that the federal Employee Retirement Income Security Act preempts the state law claims of a hospital seeking the full price for medical services from a benefit plan that failed to timely pay discounted fees, according to a Friday order.
European Union justice ministers on Friday threw a wrench in efforts to finalize sweeping data protection reform legislation by the spring, backtracking on their agreement to support a key provision that would allow multinational companies to deal with only one lead privacy regulator.
The Sixth Circuit on Friday affirmed a lower court's award of $3.8 million in disgorged profits to a former executive after the Life Insurance Co. of North America was found to have wrongfully denied him disability benefits.
The U.S. Department of Labor’s Occupational Safety and Health Administration on Thursday said the agency is launching an online complaints system.
The European Commission updated its merger rules Thursday to make more deals eligible for a simplified review and reduce the amount of information the watchdog requires companies to provide about all mergers.
A National Labor Relations Board administrative law judge found Wednesday that a California-based realty company’s mandatory employment documents for new and existing employees, which included an arbitration agreement containing a class waiver, violated federal labor law under D.R. Horton.
A bill designed to crack down on so-called patent trolls easily passed the U.S. House of Representatives on Thursday, with a new provision that requires patent holders to identify their ultimate parent entity when filing lawsuits in order to discourage litigants from hiding behind shell companies.
Congress will once again mull whether to make permanent the research and development tax credit, after House Rep. Julia Brownley, D-Calif., introduced legislation Tuesday that would prevent the popular tax break from lapsing at the end of the year.
South Korea's interest in the Trans-Pacific Partnership should be leveraged by the U.S. as a chance to address potential currency manipulation by the Asian country, a trade group representing Chrysler Group LLC, Ford Motor Co. and General Motors Co. said Tuesday.
The White House on Wednesday raised the cap on what the government will pay toward contractor salaries to nearly $1 million, based on a statutory formula that tracks the top salaries of private sector executives, a move that drew criticism from both contractors and federal employees.
Sen. Claire McCaskill, D-Mo., on Wednesday said she is drafting legislation that would arm federal regulators with new powers to fight illegal robocalls, saying telephone providers have refused to fully explore new technologies that could curb the practice.
Bank of America Corp. agreed Wednesday to pay $20 million to settle part of a multidistrict litigation accusing it and other financial institutions of bid-rigging in the municipal bond derivatives market.
Online advertising industry players on Wednesday debated what disclosures should accompany ads designed to look like content, as the Federal Trade Commission grapples with the potential of so-called native advertising to mislead consumers.
While the sheer volume of tips received this year underscores the impact the U.S. Securities and Exchange Commission whistleblower program has had on enforcement activities in its second year of operation, the continuing pattern of diversity among whistleblowers is also noteworthy. Any concerns about the commission’s ability to adequately publicize the program have seemingly been laid to rest, says Steven Goldschmidt of Ropes & Gray LLP.
While the Obama administration delayed the employer mandate provision of the Affordable Care Act until next year, employers will soon have to determine whether an employee is classified as full-time and is therefore eligible for coverage — which may lead to staffing decisions that could expose them to liability. Remember, section 510 of ERISA generally prohibits interfering with employee benefits, say Adam Solander and Kara Maciel of Epstein Becker Green PC.
If it’s the holiday season — a time for charity and good deeds — it must also be the time for nonprofit scandals, mismanaged money and outright fraud. The United Way of America and Progressive Policy Institute cases offer many lessons that boards of charities should take to heart, says Terry Lenzner of Investigative Group International.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Because Latin American countries differ substantially from one another, there is no effective one-size-fits-all approach to anti-corruption compliance in the region. That said, companies doing business in the region should be aware of a number of recurring compliance concerns that may lead to an increased risk of violating the FCPA or other applicable anti-bribery laws, say attorneys with Debevoise & Plimpton LLP.
In many instances, the very businesses still facing time and budgetary constraints that hamper employee understanding of compliance must now add a new layer of comprehension in 2014. The stage is set for a banner enforcement year for regulatory bodies worldwide, says Veta Richardson, president and CEO of the Association of Corporate Counsel.
Recently, the Federal Deposit Insurance Corporation advised regulated financial institutions to be wary of “an increase in exclusionary terms or provisions” in insurance policies covering directors and officers liability. While this advice was directed to financial institutions regulated by the FDIC, much of it is good advice to follow for all corporations and their boards of directors, say Brian Scarbrough and Daniel Johnson of Jenner & Block.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
If industry executives did not suffer previously from heartburn when thinking about the Consumer Financial Protection Bureau’s complaint process, now is the time for them to reach for the antacids, says Brett Kitt, counsel with Greenberg Traurig LLP and former senior counsel at the CFPB.
At long last, the U.S. Supreme Court will address the fraud-on-the-market presumption of reliance established by the court in 1988. Securities litigators on both sides of the aisle are understandably anxious, because our entire industry is about to change — either a little or a lot. I say “change” because the ruling in Halliburton cannot and will not do away with securities litigation, says Douglas Greene of Lane Powell PC.