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 »Massachusetts Division of Banks announces return of $2.4M to consumers under settlement with payday lender
On November 22, 2016, the Massachusetts Division of Banks (“DOB) announced that it has returned approximately $2.3 Million to 1,673 Massachusetts residents, as part of a settlement with an online payday lender. The payday lender allegedly issued payday loans with interest rates ...
Read More »Supreme Court to rule on case addressing bathroom access based on gender identity
On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The ...
Read More »Federal court blocks new overtime rule
On November 22, 2016, a federal judge in Texas issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its new overtime rule. The rule – which would have raised the salary threshold below which employees must ...
Read More »CFTC proposes new rule allowing it to obtain trading firm’s trade secrets without due process
As the Obama administration winds down, its regulators are showing no signs of letting up. Last week the Commodities Futures Trading Commission (CFTC) decided that it should no longer be constrained by its subpoena power when it seeks to obtain ...
Read More »New overtime rule goes into effect on Dec. 1, 2016
On December 1, 2016, the U.S. Department of Labor’s new overtime rule will take effect. Most significantly, effective December 1, 2016, the minimum salary a worker must be paid to qualify for the executive, administrative, and professional exemptions will increase ...
Read More »Appeals Court upholds confidentiality of mediation, highlights the art of dealing with distress
The Massachusetts Appeals Court recently issued an opinion in ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct. 412 (2016) refusing to override the terms of a written confidentiality agreement entered into between parties to a mediation. The ...
Read More »Board defers to arbitrator’s award upholding management rights–but for how long?
Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such charges be deferred ...
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