Octane Fitness, LLC v. Icon Health & Fitness, Inc. - Patent: Decided: April 29, 2014 - Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the substantive strength of a party’s...
While much about the Zwerner case (U.S. v. Zwerner, Case No. 13-22082-CIV, So. Dist. Fl.) has been discussed regarding the FBAR penalties, there has not been much attention paid to the 6% late payment penalty and interest applicable to FBAR penalties...
As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who resigned prior to DC...
Equity grants can be an attractive alternative to cash when compensating employees, consultants, and service providers. Beware, though: if not structured properly, equity grants can cause some nasty consequences for the company and the recipient,...
Cyber security, corruption and unethical behavior pose significant risks for business enterprises, according to a new survey by EY titled “Overcoming Compliance Fatigue’. At the same time business organizations may be focusing their efforts in the...
The United States Supreme Court has invalidated the “recess” appointments of three members of the National Labor Relations Board (NLRB) who were appointed in January 2012 while the U.S. Senate was not in recess (Noel Canning v. NLRB, June 26, 2014)....
Canada’s Anti-Spam Law (CASL) enters into force on Canada Day, July 1. It was passed in 2010 as a “made-in-Canada” solution to “drive spammers out of Canada“. Are you outside Canada? It’s important to know that this law reaches beyond Canada’s...
The Fish and Wildlife Service and National Oceanic and Atmospheric Administration announced last week that they are extending the deadline for comments on new critical habitat rules from July 11 to October 9, 2014. The proposed rules were announced...
A recent Nation Labor Relation Board decision leaves many asking who’s the boss in a California Hooter’s Restaurant. Hooter’s advertises its services as delightfully tacky; however, the NLRB has given the staff permission to be as saucy as their...
There has been a notable uptick in the number and size of jury verdicts related to trade secrets. Over the past year, four of the top ten intellectual property verdicts have been related to claims of trade secret misappropriation. Attorneys Jake...