A Costly Reminder to Continually Re-Evaluate Your IP
The patent process can be frustrating and often involves a significant investment of time and money. As such, it may be tempting to assume that when the Patent Office issues a patent it is safe to assert your rights therein. However, as noted in a recent decision from the District Court for the District of Delaware, doing so may leave you on the hook for attorney’s fees.
Mandatory Arbitration, Shortened Statutes of Limitations, and Background Checks for Employees? You Bet!
In October 2018, the Kentucky Supreme Court issued a far-reaching opinion voiding all Kentucky employer-employee arbitration agreements which were made a condition of an individual’s employment. On March 13, 2019, however, the Kentucky Legislature rejected that opinion, passing a bill that not only claws back the ruling but significantly expands employers’ options for imposing conditions on the employer-employee relationship.
DOL's New Overtime Rule Sets FLSA Exemption Threshold at $35,308 Annual Salary
On March 7, 2019, the U.S. Department of Labor unveiled its Notice of Proposed Rulemaking (“NPRM”) recommending a scaled-back compromise to a controversial 2016 Obama-era overtime rule.
Subcontractor’s Written “Expressions and Complaints” Demonstrate Disapproval, but Fail to Achieve Written Notice of Additional Costs
On February 4, 2019, the U.S. District Court for the District of Maryland in Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 4, 2019), held that written “expressions of frustration” and “general complaints” made by a subcontractor regarding alleged project mismanagement were insufficient to sustain a labor inefficiency claim for additional project costs against the general contractor.
'Waters of the United States' What Next? Proposed 2019 Trump Administration WOTUS Rule
The latest iteration to replace the 2008 Rapanos Guidance and 2015 WOTUS Rule with a satisfactory definition of Waters of the United States was formally presented to the country on February 14, 2019 when the agencies published the Trump Administration’s Proposed Rule: “Revised Definition of Water of the United States” (“Proposed Rule”).
Supreme Court Throws Copyright Owners Curveballs
It is weeks away from opening day, yet the United States Supreme Court had its own pre-season double header of sorts this past Monday. The United States Supreme Court issued unanimous decisions in two copyright cases on March 4, 2019.
The Tennessee Supreme Court Finally Weighs in on Whether and How the Discovery Rule Applies in Breach-of-Contract Claims
For the last couple of years, Tennessee practitioners have been waiting for the Tennessee Supreme Court to resolve the debate as to whether the Discovery Rule applies to toll the six year statute of limitations in breach-of-contract cases.
The Work Opportunity Tax Credit and Second Chance Hiring
Whether it is manufacturing, healthcare, logistics, farming, or the tech industry, employers all over the country are scrambling to find and retain qualified workers. The Federal Work Opportunity Tax Credit (WOTC) program is an option to help facilitate contact between employers who are experiencing labor shortages with those individuals who struggle to find employment. The WOTC provides economic incentive to employers to hire workers from targeted groups.