Fox Rothschild LLP (JD Supra United States)

4501 results for Fox Rothschild LLP (JD Supra United States)

  • NTSB . . . Changing The Scope Of UAS Investigations

    Now that the UAS flight over people and remote ID rules are in effect, the pathways are opening up for more complex, and potentially dangerous, UAS operations. The FAA, however, is not the only governmental body concerned with aviation accidents. The National Transportation Safety Board plays an important role in ensuring the welfare of the National Airspace System...

  • DOJ Intensifies Criminal Prosecutions Of Health Care Fraud Related To COVID-19

    The Department of Justice (DOJ) has intensified its already aggressive crackdown on fraud related to COVID-19, recently announcing criminal charges against a telemedicine company executive, a physician, marketers and medical business owners for losses exceeding $143 million.

  • On The Issue Of Legalized Marijuana, Amazon Asks For MORE

    In a recent blog post, Amazon CEO Dave Clark expressed his public support for the federal Marijuana Opportunity Reinvestment and Expungement Act of 2021 (MORE Act). The company also announced that it will stop screening or disqualifying potential employees for marijuana usage as part of its mission to become Earth’s Best Employer and Earth’s Safest Place to Work...

  • Attacking The Lead/Named Plaintiff As An Inappropriate Class Representative: Another Arrow In The Employer’s Quiver

    One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful, but defense counsel should always be looking for them. A defendant employer is doing just that by asserting that a lead plaintiff does not share a sufficiently commonality with the rest of the class to allow the case to

  • NY Amends Proposed Construction Industry Wage Law, But Burden On Contractors Remains

    New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior alert, the legislation as originally drafted would impose liability for general contractors if their subcontractors violated the wage and hour provisions of the New York Labor Law

  • How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

    It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to subject matter eligibility with an eye towards succeeding in patenting domestically and internationally...

  • New Executive Order Addresses Financial Risks Of Climate Change

    President Biden’s recent executive order addressing climate-related financial risk highlights the need for businesses to examine and evolve their Environmental, Social and Governance (ESG) policies. On May 20, 2021, President Biden signed the “Executive Order on Climate-Related Financial Risk.” The order serves to emphasize the administration’s focus on addressing issues within the private...

  • The Court Of Chancery Rules That The Time To Seek Reconsideration Begins To Run On The Date An Oral Ruling Is Rendered

    A motion to reargue in the Delaware Court of Chancery “may be served and filed within 5 days after the filing of the Court’s opinion or the receipt of the Court’s decision.” Court of Chancery Rule 59(f)...

  • COVID-19 Fraud Task Force Established

    Intensifying its crackdown on suspected fraud in pandemic relief programs, the U.S. Department of Justice has established the COVID-19 Fraud Enforcement Task Force, sending a clear message that any individual or business that benefited from government aid should expect enhanced scrutiny...

  • District Of Delaware Concludes That ICON’s Alleged Claims Against Peleton For Statements Concerning “Innovation” Fail To State A Claim Under The Lanham Act

    By Memorandum Opinion entered by the Honorable Richard G. Andrews in Peleton Interactive, Inc. v. ICON Health & Fitness, Inc., Civil Action No. 20-662-RGA (D.Del. May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims...

  • EDPB Ruling Provides Takeaways For DPA Standard Contractual Clauses

    The EDPB issued an opinion on the draft Standard Contractual Clauses (SCC) for a controller-processor data processing agreement under Article 28 (Data Processing Agreements) submitted by the Lithuanian supervisory authority. Some universal takeaways for those of us drafting and negotiating DPAs:..

  • NIST Issues Draft Report On Trust And Artificial Intelligence

    The National Institute of Standards and Technology (NIST) has issued a draft report on Trust and Artificial Intelligence. “If the AI system has a high level of technical trustworthiness, and the values of the trustworthiness characteristics are perceived to be good enough for the context of use...

  • EEOC Provides Guidance On COVID-19 Vaccine Incentives And Documentation

    The Equal Employment Opportunity Commission (EEOC) revised its guidance on May 28, 2021 to provide more specific advice on employers’ use of incentives to encourage vaccination against COVID-19. The good news is that the use of incentives generally is permissible under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The EEOC has provided new...

  • Business Court Confirms The “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain A Rarity

    As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court considered a trade secret misappropriation fact pattern common to its docket: alleged informational theft and skullduggery among industry combatants...

  • Title IX: Upcoming OCR Public Hearings And Request For Comment

    Members of the public, including educators and school administrators, will have a rare opportunity in June 2021 to speak directly to federal education officials about sexual discrimination in education and the application of Title IX of the Education Amendments of 1972...

  • New Jersey To End Mask Mandates And Social Distancing: What This Means For Your Business

    New Jersey Gov. Phil Murphy will lift many of the state’s most prevalent COVID-19 safety restrictions, including mask mandates, social distancing requirements and capacity limitations. These changes will allow many companies to return to business as usual for the first time in over a year, but may also require employers to implement new policies and procedures in order to comply with Executive...

  • Update Your Style: Appellate Rules Committee Publishes Updated Style Manual And Guide To Appealability

    The Appellate Rules Committee has updated its style–the Appellate Style Manual that is. The Style Manual provides practical examples and tips for those practicing in North Carolina’s state appellate courts. Although not a substitute for the Rules themselves, the Style Manual is a handy guide for those dealing with pesky table of authorities or seeking guidance on the latest appellate transcript...

  • Delayed, But Here Shortly: New COVID-19 Regulations From Cal/OSHA

    New mandatory COVID-19 prevention protocols are coming from Cal/OSHA, but not quite as soon as expected. The vote to adopt revised regulations governing COVID-19 protocols in California workplaces has been postponed until an emergency meeting of the Cal/OSHA Standards Board set for June 3, 2021...

  • Another Security Line Check Case: The Extent Of The De Minimis Rule Explored

    There have been a host of federal cases recently focusing on whether time spent waiting in security lines is compensable. Some have gone for the plaintiffs and others for the employer, as these cases are nuanced and fact-sensitive. A recent example of this genre is a Nike case where the Company will pay $8.25 million in settlement of such a case...

  • TTAB Cancels Registration For Gun Barrel Trade Dress On Grounds Of Functionality

    On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under Section 2(e)(5)...

  • Have Judges Been Getting The Standard For Motions For Reconsideration Wrong All Along?

    You see it all of the time. Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and other things that come up during the pendency of a case. Judges are human and sometimes they just get it wrong, either because they get the law wrong, misunderstand the facts, miss certain things that are in the

  • Rabies Testing Notification Could Be Required In New Jersey

    A bill in New Jersey that would have interfered with rabies testing of domestic companion animals has been amended to remove the potentially dangerous and unneeded obstacles to timely testing...

  • Surface Water Data In Pennsylvania Identifies PFAS in Multiple Locations Statewide

    The march toward regulation of PFAS in Pennsylvania continues (see our recent post on statewide public water system sampling results), with the release of final data from sampling conducted in September 2019 of surface waters throughout the Commonwealth...

  • PPP Borrowers Face Risks In Completing SBA Form 3509

    The Small Business Administration is conducting inquiries into some of the loans obtained through the Paycheck Protection Program that seek details about a company’s financial status not only before the loan was requested, but after the loan was received...

  • $8 Million Pharmacy Fraud Case Lands 6 Behind Bars

    A recent health care fraud conspiracy case resulted in federal prison sentences for six participants, serving as a warning to pharmacy owners and their employees. The Case- Mohamed Abdalla is a licensed pharmacist who owned several pharmacies throughout Northern Virginia, including Medex Health Pharmacy and Royal Care Pharmacy...

  • Alert To Researchers Working With Agricultural Animals – Updated Guidance Available

    The Fourth edition of the “Guide for the Care and Use of Agricultural Animals in Research and Teaching,” published by the American Dairy Science Association®, American society of Animal Science and Poultry Science Association, is now available on line...

  • Supreme Court Rules That Nominal Damages Can Be Quite Valuable…Maybe?

    In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage at the highest courts of both the country and this state. The results in both courts placed a potential value on nominal damages that far exceeds a single dollar...

  • Update On Badgerow Petition For Certiorari: Supreme Court To Review Standard For Determining Federal Court Jurisdiction Over Motions To Confirm Or Vacate Arbitration Awards

    The Supreme Court has granted certiorari on an issue involving domestic arbitration that has divided the federal courts of appeal (Badgerow v. Walters, Docket No. 20-1143): Do federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the Federal Arbitration Act (FAA) where the only basis for such jurisdiction is that the underlying...

  • Doctrine Of Practical Continuity Tested Again In Case Involving FLSA Motor Carrier Exemption

    I have always been interested in the Motor Carrier Act (MCA) exemption of the Fair Labor Standards Act, 29 USC 213(b)(1), especially in the doctrine of “practical continuity” which is one of the ways that interstate commerce is determined and have defended a number of cases where we had to rely on practical continuity for the interstate commerce prong of this tri-partite element exemption...

  • Masks And Vacs, Oh My!

    The good news is that the COVID19 pandemic appears to be on the wane. The bad news is that there is a ton of confusion and risk right now in the employment setting around masks, for employees and customers, and around vaccines, again for employees and customers. Guidance, mandates and the like on the Federal, State and Local level are also rapidly changing which has lead to a lot of questions...

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