Business Litigation Report: October 2011

10/13/2011 / Business Litigation Department

 

 

In the October Issue:

 
National Labor Relations Board Delays Employee Rights Poster Requirement
By Bruce J. Douglas
 

In a somewhat surprising, but possibly strategic move, the National Labor Relations Board announced on October 5, 2011 that it would postpone until January 31, 2012 implementation of its new rule requiring nearly all private sector employers to post an 11” x 17” poster of employee rights under the National Labor Relations Act. To read more, click here.
 

 


Judge Rader Unveils New Model E-Discovery Order for Patent Cases
By Glenna L. Gilbert
 

Chief Judge Randall R. Rader of the United States Court of Appeals for the Federal Circuit recently unveiled a new Model Order adopted by the Federal Circuit Advisory Council that seeks to streamline e-discovery in patent cases, particularly email production, and to require parties to focus on the gathering of material information, rather than on “unlimited fishing expeditions.” To read more, click here.
 

Monitoring the 10,000 Application Quota for Track I Patent Examination
By John A. Kvinge

The new patent reform legislation, the America Invents Act, includes a provision for prioritized examination of patents known as Track I.  The program is only available for a maximum of 10,000 applications per fiscal year, which is about 4% of the applications filed in a given year.  As of October 5, 2011 only three new Track I applications had been submitted.  To read more, click here.

 

 

 

Electronic Data Preservation Practices:  Can Your Business Keep Up?
By Susan E. Tegt

  

Proper data preservation practices are increasingly important as electronic data discovery issues more and more often plague individuals and businesses faced with litigation.  Parties to litigation may face sanctions for spoliation when relevant evidence is deleted or destroyed, regardless of whether the destruction or deletion was intentional. To read more, click here.
 

Is Your Trademark Being Knocked Off?
How online consumer surveys may help your company prove trademark infringement.
By John A. Kvinge

Traditionally, attorneys have turned to consumer surveys to prove consumer confusion caused by infringement. 

The relatively recent widespread adoption of the internet has created a third option that is rapidly gaining traction in federal courts:  online consumer surveys. To read the full article, click here.
 

 


Cell Phones Provided for Business Purposes Treated as a Non-Taxable Working Condition Fringe Benefit

By Paul J. Linstroth

On September 14, 2011, the Internal Revenue Service (“IRS”), in Notice 2011-72, provided guidance to businesses regarding the tax treatment of cell phones and “other similar telecommunications equipment,” such as smart phones. To read more, click here.
 

Worker Classification Settlement Program
By Mary L. Komornicka

On September 21, 2011, the IRS issued a new “Voluntary Classification Settlement Program” that will allow the employer to present their situation to the IRS for a determination of the proper classification of these workers. To read more, click here.
 

 


Business Litigation Department Attorneys:

Email 
952-896-3280
 

Email 
952-896-3288

 

 

Lauris A. Heyerdahl
Email
952-896-1529 

Ashlee M. Bekish

Email
952-896-6701

 

 
John A. Kvinge
Email
952-896-1554

 

 

Email 
952-896-3340

Email
952-896-3380

 

 

Chris M. Heffelbower

Email
952-896-1543

 
Steven M. Cerny

Email
952-896-3324

Email 
952-896-3275 


Cynthia M. Klaus

Email
952-896-3392

 

 

L. Kathleen Harrell-Latham

Email
952-896-1544

 

952-896-3353

Email
952-896-3312

 

Email
952-896-1572

 

 

Michael C. Jackman

Email
952-896-3374 

Susan E. Tegt
Email
952-896-3325
Bruce J. Douglas

Email
952-896-1569

 

Email
952-896-3318

 

 

Richard J. "Jay" Reding

Email

952-896-6704

 
Glenna L. Gilbert
Email
952-896-3283
Contributing Attorneys:
 

Paul J. Linstroth            Mary L. Komornicka
Tax Attorney                   Employee Benefits Attorney

Email                                 Email

952-896-3366                   952-896-3225
 

This alert is provided as a service to our clients and firm associates. While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.