This article originally ran on blog.sandw.com. The nuances of the Social Security and Medicare tax system – collectively FICA taxes – continue to confound and increase the potential liability of employers who are not well versed in this area. Background ...
Read More »Potential government shutdown: Immigration consequences for employers and their foreign national employees
This article originally ran on www.seyfarth.com. Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and ...
Read More »Court lacks subject matter jurisdiction over unasserted claims
This article was originally posted by nutter.com. A party can raise lack of subject-matter jurisdiction at any time during a litigation. Illustrating this point, recently in Joao Control & Monitoring Systems, LLC v. Telular Corporation a patentee saved its unasserted ...
Read More »Supreme Court holds equitable laches is no longer available to limit patent damages
This article was first published at www.foleyhoag.com. Summary The Supreme Court, in a 7-1 decision written by Justice Alito, has held that laches cannot be invoked as a defense against any claim for damages in a patent case brought within ...
Read More »Massachusetts non-compete legislation back in play
This article first appeared on nutter.com. As was previously reported by nutter.com, the Massachusetts House and Senate passed contrasting versions of non-compete reform bills in 2016 but were unable to come to an agreement by the end of the legislative ...
Read More »New York Industrial Board of Appeals rescinds payroll debit card and direct deposit regulations
This article first appeared at seyfarth.com. Seyfarth Synopsis: Regulations that would have restricted New York employers’ ability to pay employees via payroll debit cards have been struck down by an administrative review tribunal within the State Department of Labor. Barring ...
Read More »Professional service companies face significant cyber risk
Written by: Cameron G. Shilling & Kevin Lin Published in the New Hampshire Business Review (2/9/17) and online at www.mclane.com Cyber attacks and costly accidental losses of sensitive personal and financial information are no longer confined to retailers like Target ...
Read More »#Hashingitout: Is It Worth Registering A Hashtag?
This article originally ran on blog.sandw.com. Recently, the Coca-Cola Company sought to register two hashtags as trademarks: #cokecanpics and #smilewithacoke. For those who may wonder why: various online social networking services (like Twitter, Instagram, and Pinterest, to name a few) ...
Read More »Phigenix v. ImmunoGen: IPR Challenger May Lack Standing to Appeal to Federal Circuit
February 2, 2017 Blogs, IP Law Bulletin Michael Visconti, III The America Invents Act (AIA) established a number of procedures for challenging a granted patent at the Patent Trial and Appeal Board (PTAB). While virtually anyone can challenge a patent ...
Read More »Merck & Cie v. Gnosis: A more deferential standard of review for inter partes review decisions
On 11 October 2016, the U.S. Supreme Court denied Merck & Cie’s petition for certiorari in Merck & Cie v. Gnosis S.p.A., No. 16–125, 2016 WL 4014485, at *1 (U.S. Oct. 11, 2016). With this, the debate about the proper ...
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