The IRS released Notice 2016-4, which extended the deadlines for employer and insurer reporting under the Affordable Care Act.
The recent amendments to the Federal Rules of Civil Procedure are aimed at accelerating discovery and focusing on relevancy and proportionality.
With the increased commoditization of information as to what “is market” on M&A transactions, deal lawyers can focus quite a bit of energy on relatively small changes in deal terms.
Pleading patent infringement got a little bit trickier on December 1, 2015.
New LLC laws in Minnesota and North Dakota usher in a significantly different legal landscape relating to the rights and responsibilities of LLC members and management and third parties dealing with LLCs in those states.
Ongoing restrictions placed on the payment of BHC dividends and the redemption of BHC stock after enforcement actions are lifted.
On October 19, the Supreme Court granted certiorari in two cases in which patent owners are challenging the Federal Circuit’s rigid standard for proving willful infringement. In their petitions, both patent owners compared the current test for enhanced damages to the Federal Circuit’s old test for attorney’s fees, which the Supreme Court tossed out last year.
The Internal Revenue Service has announced the 2016 cost-of-living adjustments (COLAs) for retirement plans.
The Minnesota Court of Appeals struck down the building code mandate requiring installation of fire sprinklers in larger homes.
- Magistrate Judge Rau Offers Primer on “Prevailing Party” Status Under the Patent Act’s Attorney Fees Provision
Patent law permits the award of legal fees to a “prevailing party” only in “exceptional cases.” A recent decision from Magistrate Judge Rau applying the Patent Act’s attorney fees provision reminds litigants that demonstrating a case is “exceptional” in only one part of the equation.
The Department of State and USCIS announced jointly that certain individuals who are stuck in family and employment-based immigrant visa backlogs can start their immigrant visa paperwork or apply for adjustment of status before their priority dates become current.
- District Court in Octane Fitness Remand Awards Majority of Requested Attorneys’ Fees Under Section 285
In a lawsuit that redefined the standard for an exceptional case under 35 U.S.C. § 285, the District Court awarded defendant Octane Fitness $1,778,030 in fees and costs.
A recent federal court decision addressed the discoverability of text messages, instant messages and voicemails.
- District of Minnesota Orders Patentee to Reduce Number of Asserted Claims After Filing Joint Claim Construction Statement
In May, the District of Minnesota ordered the parties in a patent case to meet and confer to try to reach an agreement regarding the deadline by which the patentee must reduce the number of asserted claims.
- North Dakota Supreme Court Issues Decision Regarding Ownership of Minerals Beneath Railroad Rights of Way
The North Dakota Supreme Court issued its decision on July 15, 2015.
The United States Department of Labor issued an Administrator’s Interpretation on July 15, 2015.
In 1964, the Supreme Court held that a patent owner cannot charge royalties for the use of a patented invention after the patent’s term has expired. Lower courts and academics alike have challenged the decision.
- Proposed Changes to FLSA Rules Would Make Millions Eligible for Overtime by More Than Doubling Minimum Salary
The U.S. Department of Labor issued long-awaited proposed revisions to its “white collar” regulations, which exempt certain employees from overtime pay under the FLSA.
Invalidity opinions of counsel remain an important tool for mitigating patent infringement risk.
As a transactional lawyer, what are the key things that you should focus on in due diligence to determine whether the trade secret your client is considering acquiring is treasure or trash?
Last year Congress tried to pass a bill aimed at curbing abusive patent litigation initiated by so-called “patent trolls.” This year, the push for legislation has been revived.
Patent holders bringing infringement suits sometimes unnecessarily assert that a competitor infringes an unreasonable number of patent claims.
What goes on when crafting an acquisition agreement to purchase a company? Or to say it differently, why do lawyers insist on one phrase or word over another? “Legalese” has its place.
Many companies accused of infringement have turned to Inter Partes Review (IPR) as an alternate route for challenging the validity of patent claims. But what happens if an accused infringer moves to stay litigation in light of a pending IPR petition?
- District of Minnesota Holds that Mayo, Myriad, and Alice Apply to Dog-Eat-Dog World of Canine Genetic Testing
On March 31 in Genetic Veterinary Sciences, Inc., d/b/a Paw Print Genetics v. Canine EIC Genetics, LLC, No. 14-CV-1598 (JRT/JJK), Judge John R. Tunheim addressed the question of whether veterinarians can obtain patents for identifying genetic markers of canine disease.
Magistrate Judge Bowbeer recently granted Plaintiff Polaris Industries Inc.’s motion for a protective order preventing testimony on a Rule 30(b)(6) topic relating to disputed prior art.
A recent statement by President Barack Obama warned of future changes to the fiduciary duties for financial advisers.
USCIS conducted a random, computer-generated lottery to determine which H-1B cap-subject petitions would be formally received for adjudication and has begun the process of issuing receipt notices.
- Employer Confidentiality Rules and Other Policies: NLRB Report Discusses Lawful and Unlawful Language
On March 18, 2015, the National Labor Relations Board’s General Counsel issued a 30-page memorandum offering guidance on several common employer policies and handbook rules.
It’s an unfortunate fact of modern life—hacks happen. And they will continue to happen.
- Employment Authorization Granted to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence
The change will be effective May 26, 2015.
USCIS will start accepting H-1B petitions for fiscal year 2016 (October 1, 2015-September 30, 2016) on April 1, 2015. Only 65,000 H-1Bs are issued each fiscal year.
We are near the end of the year and had hoped we would have some of the more highly anticipated regulations under the Affordable Care Act (ACA). To date, that guidance has not been issued. Nonetheless, we wanted to remind you of some recent developments and upcoming deadlines under the ACA.
On Thursday, December 11, 2014, the National Labor Relations Board (NLRB) overturned existing precedent in a decision that contains important implications as to how employers draft and implement their electronic communications policies.
Kevin Goodno, shareholder at Fredrikson & Byron, presented his thoughts on the challenges faced by the disability service system in Minnesota.
- President Obama Provides Relief to Select Undocumented Immigrants and Outlines Framework for Future Administrative Actions to Improve Immigration System
On November 20, 2014, President Barack Obama announced significant changes and fixes to our broken immigration system.
- The Cover-Up is Always Worse Than the Crime: Court Upholds Massive Arbitration Award in Trade Secrets Case
A recent Minnesota Supreme Court decision highlights the stakes involved in trade secret misappropriation cases.
It is no secret that the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International is wreaking havoc to software and business method patents found to merely link abstract ideas with conventional elements. However, we are now also getting a taste of Alice’s potential effects on non-business method patents.
The outbreak of the Ebola virus in West Africa—along with a handful of cases in the United States—has left many employees and employers confused. As with any real or perceived crisis, there are key steps an employer should take to mitigate workplace panic and avoid legal claims.
The Department of State’s Visa Office announced that the China employment-based fifth (EB-5) category became unavailable on August 23, 2014. The category again became current on October 1, 2014.
The Internal Revenue Service has announced the 2015 cost-of-living adjustments (COLAs) for retirement plans. Most of the limits related to retirement plans are increased.
This article will describe the recent sanctions imposed by the Council of the European Union and explain how European biofuels companies can determine whether these sanctions affect their business dealings.
The U.S. federal government has recently imposed sanctions against Russian individuals and companies in response to Russia’s military action in Ukraine. This article will describe these sanctions.
Are your LinkedIn contacts yours or your employer’s? Are they confidential? Could they even be considered trade secrets? While we do not yet know the answer to these important questions, we may be one step closer.
- According to the Patent Office, Claiming an Abstract Idea May Still Be Patentable, Will Anyone Else Agree?
Learn more about the interim guidelines following Alice v. CLS. Alice.
Bank acquisitions and the number of banks for sale have shown an uptick in activity in the first half of 2014. The twin pressures of succession planning and increased regulatory burdens have caused many bank owners to consider selling their banks.
This legislative update contains information on changes in real estate law passed during the 2014 Minnesota legislative session affecting real estate developers, property managers, owners, investors, lenders, and debt management and settlement services.
The Minnesota Department of Health announced new procedures for health care facilities wishing to apply for a J-1 waiver.
Increasingly shareholders, other stakeholders and regulators are seeking greater board turnover and diversity in board composition as the tenure of directors, age limits and term limits increase. Unquestionably, board performance begins with board composition, the character, integrity, competence and skills of those who comprise the corporation’s governing body.
- Limelight Decision Opens the Door to Challenge Federal Circuit’s Standard for Direct Infringement of a Method Claim
Supreme Court reconfirms decision on inducement of infringement.