Publications

Federal Circuit Ruling Affirms That Filing Patents Sooner Than Later Is Critical

By James E. Lowe, Jr. In a precedential opinion from the Unites States Court of Appeals for the Federal Circuit, the Court reaffirmed, on May 1, 2017, the need to get your patent applications filed sooner than later (Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc.). The Court concluded that if there is a public commercial sale or offer...

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H-1B Visa Program Faces Heightened Scrutiny, Employers Beware

The H-1B visa program is in the crosshairs again. Over the past few weeks, The Department of Homeland Security (“DHS”), the Department of Labor (“DOL”) and - President Trump have all weighed in on whether to alter the H-1B landscape. Whether any of these moves result in changes to the H-1B program is yet to be seen, but employers would be wise to...

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Due Diligence Steps for Prospective Franchise Investors

Due Diligence Steps for Prospective Franchise Investors

By Joseph S. Heino While owning a franchise can be rewarding and profitable, many prospective franchisees overlook the fact that their new business venture comes equipped with a permanent supervisor – the franchisor. Thought you would be running your own show? Think again. Before you enter the world of franchising, it is best to conduct a...

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Seventh Circuit Rules Sexual Orientation Workplace Discrimination Is Illegal

Seventh Circuit Rules Sexual Orientation Workplace Discrimination Is Illegal

By Laurie E. Meyer In a precedent setting decision, Hively v. Ivy Tech, the Seventh Circuit Court of Appeals, the federal appeals court having jurisdiction for Wisconsin, Indiana, and Illinois, ruled on April 4, 2017, that Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination on the basis of sexual...

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Employment Law in President Trump’s First 60 days

Employment Law in President Trump’s First 60 days

By James M. Kalny When President Trump was running for office he made many statements suggesting changes he intended to make which would impact employment law. Some of those assertions recognized the need to work with Congress, such as the repeal of the Affordable Care Act (ACA). The majority of his claims, such as the general promise to roll...

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Google Mandates Play Store and In-App Privacy Policies

By: Davis|Kuelthau's Intellectual Property Team Google updated its Google Play Developer Policy Center policies on March 1, 2017, and the updates went into effect on March 15, 2017. These updates included requirements for developers to post privacy policies both on the Play Store listing and within the app. According to Google, app developers...

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U.S. Supreme Court Remands Gloucester County Transgender Case

On March 6, 2017, the United States Supreme Court, in a one sentence order, indicated that they would not hear Gloucester County School Board v. G.G., the pending transgender case. The Court stated that the judgment was vacated and remanded back to the Fourth Circuit Court of Appeals for “further consideration in light of the guidance issued by...

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Employers Face Difficult Leave Issues

Employers Face Difficult Leave Issues

By Robert W. Burns One of the more complex issues employers face from time to time is a request from an employee for extended or sporadic leave related to a medical condition. This article will touch on a number of the factors to consider in such scenarios, as well as highlight a recent federal court case which dealt with issues related to...

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Tax Reform In the Making: A Comparison of the Potential Revisions

Tax Reform In the Making: A Comparison of the Potential Revisions

By Ann M. Rieger With the coming of a new administration in Washington, D.C., there has been much speculation regarding potential tax law changes. Below is a comparison of various revisions being discussed by both President Trump and the House of Representatives in the House blueprint known as the “Better Way for Tax Reform.” Final legislation...

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