Publications

Final ACA Regulations Provide Clarity, Allow Employers to Ease In to Compliance

On February 10, 2014, the Internal Revenue Service (IRS) issued final regulations that provide additional guidance and significant transition relief with respect to the “pay-or-play” rules (also called the employer shared responsibility rules) under the Affordable Care Act (ACA). The final rules retain the core structure of the prior rules, but...

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Supreme Court Confirms That Patent Owners Bear Burden of Proving Infringement

On January 22, 2014, a unanimous Supreme Court held that a patent owner bears the burden of persuasion on the issue of patent infringement, reversing a decision of the Court of Appeals for the Federal Circuit. Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12–1128. Mirowski Family Ventures, LLC licensed several patents related to...

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Federal Circuit Sets Friendlier Standards for Attorneys’ Fees in Patent Suits

Federal Circuit Sets Friendlier Standards for Attorneys’ Fees in Patent Suits

By Joseph S. Heino On December 26, 2013, the Court of Appeals for the Federal Circuit (which has exclusive jurisdiction over appeals in patent infringement cases) issued a decision effectively making it easier for a wrongly accused patent defendant to recover its attorneys' fees. In Kilopass Technology, Inc. v. Sidense Corp., that court...

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OCR Issues Additional Guidance On Athletics For Students With Disabilities

By D|K's School and Higher Education Law Team On January 25, 2013, the U. S. Department of Education, Office of Civil Rights (OCR), issued guidance related to the participation of students with disabilities in extracurricular athletics. The guidance raised a variety of questions for school districts related to the scope of the guidance. The...

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NLRB Drops Controversial Posting Rule

NLRB Drops Controversial Posting Rule

By Robert W. Burns On August 30, 2011, the National Labor Relations Board (NLRB) published a final rule which was intended to require all employers covered by the National Labor Relations Act (NLRA) to post a new notice advising employees of their right to engage in collective bargaining activity. As the NLRA applies to most private sector...

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Registered Sex Offenders Must Now Provide Notice Before Visiting Schools

By D&K's School and Higher Education Law Team 2013 Wisconsin Act 88 (Act 88) requires the registered sex offender to notify the District Administrator or his/her designee (Administrator) of the specific date, time and place of the visit and his/her status as a registered sex offender. This new law, which is effective as of December 15, 2013,...

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More Record Keeping Ahead for Federal Contractors and Subcontractors

By Bruce B. Deadman & Mary S. Gerbig Federal and state contractors and subcontractors who are required to maintain an Affirmative Action Plan (AAP) have some additional plan work to do within the next year involving the 2010 Census Data. But just what are these new requirements and who is affected. Who is a Federal Contractor or...

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Changes to Wisconsin’s Unemployment Compensation Laws

By D&K's School and Higher Education Law Team The 2013-2015 Biennial Budget Bill, 2013 Wisconsin Act 20 (“Act 20”) made substantial changes to Wisconsin’s Unemployment Compensation Laws. These changes, some of which became effective on September 30, 2013, and the rest on January 5, 2014, are intended to assist Wisconsin employers in reducing...

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New Wisconsin Crowdfunding Law Designed to Help Businesses Raise Capital

New Wisconsin Crowdfunding Law Designed to Help Businesses Raise Capital

By Scott E. Fiducci To facilitate investment in Wisconsin businesses, on November 7, 2013 Governor Scott Walker signed the CASE (crowdfunding and securities exemptions) for Jobs Act (2013 Wisconsin Act 52) (the "Act") into law, creating a state securities law exemption enabling Wisconsin businesses to raise up to $2 Million via online...

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