Automotive Industry Grapples with Design Patent Obviousness: The Rosen-Durling Test Debated

The issue of design patent obviousness in the automotive industry has come under the spotlight recent times, particularly with the legal battle between LKQ Corp. and GM Global Technology Operations LLC. The case has reenergized discussions around the complex and often nebulous aspect of patent law. The central focus of the contention is the Rosen-Durling…

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SEC Enforcement Intensifies: The Rising Importance of Rule 21F Compliance in Employment Agreements

In less than a fortnight following its last sanctions against a private employer for purported transgressions of whistleblower protection rules, the Security and Exchange Commission (SEC) has struck again. This time, the SEC is focusing on the phrasing of a separation agreement that it claims contradicts Rule 21F-17(a) of the Exchange Act (“Rule 21F”). Just…

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FERC Open Meeting to Discuss Energy Market Dynamics, Grid Resilience, and Emerging Technologies

In its upcoming open meeting, scheduled on September 21st, the Federal Energy Regulatory Commission (FERC), has laid out its agenda points for discussion. The official agenda, publicly listed on the FERC website, includes a number of items that could significantly affect the energy industry. It’s noteworthy that the Commission reserves the right to make last-minute…

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Eugene Scalia’s Supreme Court Debut to Defend UBS AG in Whistleblower Retaliation Case

Eugene Scalia, offspring of the late Supreme Court Justice Antonin Scalia, is slated to make his initial appearance before the Supreme Court. The literal and figurative case in point involves defending a victory secured by UBS AG against accusations of retaliation towards a purported whistleblower. His respective role will entail providing oral arguments in a…

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Brook House Inquiry Exposes Human Rights Abuses in UK Immigration Detention Centre

The Brook House Inquiry, chaired by Kate Eves, revealed numerous cases of human rights abuses in the UK’s Brook House Immigration Removal Centre. Conducted to assess incidents between April and August 2017, the investigation uncovered 19 instances of mistreatment contravening Article 3 of the European Convention on Human Rights. Evident violations included exposing detained individuals…

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Connecticut Examines Workers’ Compensation Claimants’ Rights to Temporary Total Indemnity Benefits Post-Retirement

The question of whether a Workers’ Compensation Claimant is entitled to Temporary Total Indemnity Benefits after retirement in Connecticut has recently come under the spotlight and has important implications for legal professionals and employers alike. As a critical consideration, the key takeaways from Section 31-307 (a) of the Connecticut General Statutes point out certain prerequisites…

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Proposed Regulations Impacting Prevailing Wage, Tax Credits for Clean Energy Projects

The U.S. Department of Treasury and the Internal Revenue Service (IRS) have made public proposed regulations interpreting the Inflation Reduction Act’s prevailing wage and apprenticeship prerequisites, infamously known as Labor Requirements. These guidelines bring to surface important legal aspects which could greatly alter the industry processes for legal professionals working with tax regulations and clean…

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California Noncompete Agreements: Navigating the Shift in State Law and Its Implications on Employment Practices

As the throws of competition pave the path for business advancements, the matter of noncompete agreements often hurdles into the spotlight. In the state of California, the general prohibition against noncompete agreements, barring unique exceptions, had been unwavering until recently. Under California Business and Professions Code (Code) Section 16600, employers were generally proscribed from entering…

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Cross-Border Commercial Mortgage Trends: Dechert LLP Addresses Rising Client Queries

In recent years, cross-border commercial mortgage warehouse transactions have seen substantial growth, becoming a noteworthy component in the legal dealings of various global corporations and law firms. This increasing presence has prompted a fair share of queries from clients, a need that has been addressed by Dechert LLP in their recent Q&A session. Dechert LLP,…

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FDIC’s Post-Mortem Review Sheds Light on First Republic Bank Collapse

The Federal Deposit Insurance Corporation (FDIC), the body responsible for maintaining stability and public trust in the United States’ financial system, has recently issued a noteworthy review on its oversight of First Republic Bank prior to the institution’s failure. The report, described as a ‘post-mortem’, examines the FDIC’s involvement in the affairs of the bank…

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SEC Exam Priorities 2023: Spotlight on Investment Advisers and Marketing Rule Compliance

On February 7, the Division of Examinations of the Securities and Exchange Commission (the “Division”) released its 2023 Examination Priorities (the “Exam Priorities”). These priorities appear to spotlight registered investment advisers (“RIAs”) and, more specifically, private fund advisers. The document underscores areas where heightened staff scrutiny is expected, one such area being the Marketing Rule….

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NC Judge Calls for Decorum in Justice’s Free Speech Lawsuit Against State Commission

A North Carolina federal judge recently admonished both Supreme Court Justice Anita Earls and members of the state Judicial Standards Commission for statements deemed to be “inflammatory”. The remarks in question have been made in connection to a lawsuit brought by Justice Earls against the commission itself. The suit alleges that the commission is actively…

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Navigating Challenges and Implications in Medical Device Warranty Practices

In the rapidly evolving field of medical technologies, it’s no less than crucial to remain informed about legal issues and manufacturer responsibilities that involve medical device warranties. One person who provides valuable insight about these matters is Dennis C. Gucciardo, an adviser to medical device manufacturers during product lifecycles within the US Food and Drug…

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CFPB Spotlights Mobile Tap-to-Pay Technology in Open Banking Ecosystem

The Consumer Financial Protection Bureau (CFPB) has recently published an issue spotlight on the assessment of tap-to-pay technology, in the context of contactless point-of-sale (POS) purchases on mobile devices. The review expounds on the significant roles that mobile device operating systems have, via tap-to-pay technology, in an open banking ecosystem. This insightful directive delineates the…

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