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Client Alerts

A Costly Reminder to Continually Re-Evaluate Your IP

The patent process can be frustrating and often involves a significant investment of time and money. As such, it may be tempting to assume that when the Patent Office issues a patent it is safe to assert your rights therein. However, as noted in a recent decision from the District Court for the District of Delaware, doing so may leave you on the hook for attorney’s fees.

by Sean P. Ritchie March 21, 2019
Client Alerts

Mandatory Arbitration, Shortened Statutes of Limitations, and Background Checks for Employees? You Bet!

In October 2018, the Kentucky Supreme Court issued a far-reaching opinion voiding all Kentucky employer-employee arbitration agreements which were made a condition of an individual’s employment. On March 13, 2019, however, the Kentucky Legislature rejected that opinion, passing a bill that not only claws back the ruling but significantly expands employers’ options for imposing conditions on the employer-employee relationship.

by Rebecca A. Weis March 14, 2019
Client Alerts

DOL's New Overtime Rule Sets FLSA Exemption Threshold at $35,308 Annual Salary

On March 7, 2019, the U.S. Department of Labor unveiled its Notice of Proposed Rulemaking (“NPRM”) recommending a scaled-back compromise to a controversial 2016 Obama-era overtime rule.

by Rachel Dix Bishop, Shannon Antle Hamilton, and Rebecca A. Weis March 08, 2019
Client Alerts

Subcontractor’s Written “Expressions and Complaints” Demonstrate Disapproval, but Fail to Achieve Written Notice of Additional Costs

On February 4, 2019, the U.S. District Court for the District of Maryland in Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 4, 2019), held that written “expressions of frustration” and “general complaints” made by a subcontractor regarding alleged project mismanagement were insufficient to sustain a labor inefficiency claim for additional project costs against the general contractor.

by Jamie F. Little March 08, 2019
Client Alerts

'Waters of the United States' What Next? Proposed 2019 Trump Administration WOTUS Rule

The latest iteration to replace the 2008 Rapanos Guidance and 2015 WOTUS Rule with a satisfactory definition of Waters of the United States was formally presented to the country on February 14, 2019 when the agencies published the Trump Administration’s Proposed Rule: “Revised Definition of Water of the United States” (“Proposed Rule”).

by William T. Gorton III March 07, 2019