Navigating Terminal Disclaimers and Obviousness-type Double Patenting in Intellectual Property Law

In the realm of intellectual property law, an emerging matter of contention is the nature of Terminal Disclaimers and their potential misuse as an ‘escape hatch’. Terminal Disclaimers, while playing a crucial role in the legal treatment of overlapping patents, are not designed to serve as convenient loopholes in patent law. This issue recently came…

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State Supreme Courts Decoded: Bolts Magazine Unveils Comprehensive Guide to High Courts in the US

The legitimacy of the United States Supreme Court has been called into question, rendering state supreme courts more crucial than ever. In many states, it is the constitution that acts as the sole defender of historically recognized rights. One only needs to look at Wisconsin, where recent state supreme court elections triggered a significant dispute,…

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IRS Notice Delays SECURE 2.0 Act Provision, Easing Catch-Up Contributions for High-Earners

Administrators of plans offering catch-up contributions can now breathe easier, thanks to the Internal Revenue Service (IRS). In a noteworthy step, the IRS issued Notice 2023-62 on August 25, which essentially postpones the enforcement of a specific provision under the Setting Every Community Up for Retirement Enhancement (SECURE) 2.0 Act. The provision in question under…

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NLRB Decision Reshapes Employer-Employee Relations and Corporate Compliance

In the constantly shifting terrain of employment law, recent developments by the National Labor Relations Board (NLRB) and Department of Labor (DOL) could introduce significant implications for employers. Of particular note is an impactful decision enacted by the NLRB in the dispute of Cemex Construction Materials Pacific last week. This decision has resurrected certain aspects…

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Navigating Physician Performance Issues Amid Growing Hospital Employment Trends

The COVID-19 pandemic has accelerated the trend of physician employment with hospitals, leading to around 70 percent of physicians currently being employed by hospitals or hospital-affiliated foundations or groups, according to a recent report by JDSupra. While physician integration has boosted quality of care and clinical efficiency, the growing employment relationship between physicians and hospitals…

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PBI Security Breach Exposes CNA Customers’ Sensitive Data Due to MOVEit Vulnerability

Pension Benefit Information, LLC (PBI) has recently disclosed a security breach resulting from a MOVEit vulnerability—a technology that offers secure and managed file transfers. According to a formal notice submitted to the Attorney General of Maine, this incident has impacted customers of Continental Casualty Company (CNA), with unauthorized access to sensitive consumer data being executed….

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ISSB Unveils Inaugural Sustainability Disclosure Standards to Transform Global Financial Reporting

The International Sustainability Standards Board (ISSB) revealed its inaugural two sustainability disclosure standards on June 26, 2023: International Financial Reporting Standards (IFRS S1 and IFRS S2). The standards, available at no cost but requiring account creation for download, signify an important step in establishing a global baseline for sustainability-related financial information disclosure. IFRS S1, officially…

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Federal Circuit Ruling in In re Cellect: Implications for Double Patenting and Patent Term Adjustments

In a recent precedent-setting decision that is already prompting discussion among legal professionals, the U.S. Court of Appeals for the Federal Circuit addressed a longstanding query related to Obvious-Type Double Patenting (ODP) and Patent Term Adjustment (PTA). The Court’s ruling in In re Cellect (No. 22-1293) was promulgated on August 28, 2023. Historically, the relationship…

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FTC Expands Regulatory Focus: Amplifiers Rule Highlights Commitment to Consumer Protection

In August 2023, the Federal Trade Commission (FTC) focused its regulatory efforts on a less high-profile, yet relevant topic, issuing one Notice of Proposed Rulemaking on Power Output Claims for Amplifiers Used in Home Entertainment Products. According to the rulemaking notice, the Proposed Rule is primarily aimed at a specific industry. Yet, its issuance serves…

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Treasury’s Proposed Rulemaking: Implications of Prevailing Wage and Apprenticeship Requirements on Energy Tax Credits

The U.S. Department of the Treasury has recently released a proposed rulemaking related to prevailing wage and apprenticeship (PWA) requirements for increased tax credits. This initiative has been established by the Inflation Reduction Act of 2022 (IRA), and includes an increase in the investment tax credit under section 48 of the Internal Revenue Code (ITC),…

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DOL Proposes Significant Salary Increase for White Collar Exemption Thresholds

The U.S. Department of Labor (DOL) has issued a new proposed rule designed to elevate the minimum salary requirements for the “white collar” exemptions. These exemptions comprise those in executive, administrative, and professional roles from minimum wage and overtime pay stipulations as drawn forth in the Fair Labor Standards Act (FLSA). As indicated at Jackson…

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FDA Plans to Regulate Laboratory Developed Tests as Medical Devices, Sparking Industry Debates

In a highly expected move that could reshape medical device regulation, the U.S. Food and Drug Administration (FDA) is preparing to propose regulations that would classify laboratory developed tests (LDTs) as devices subject to their oversight. JD Supra reports that this action generates renewed debates about the agency’s authority and jurisdiction. The FDA’s move is…

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Essential Legal Documents for Parents of College-Aged Children: Navigating Adult Transitions

There’s a popular belief that parenting duties end when a child turns 18. Legally, a parent’s abilities to make medical and financial decisions for their progeny end at this pivotal point, granted their child has not specifically provided written consent to allow otherwise. This impediment extends to limiting parents’ legal access to their children’s educational,…

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