|
|
|
|
|
|
|
|
|
Update on the America Invents Act: Cost Considerations Associated with Post-Grant Review
April 30, 2012
by Ryan C. Smith
The new Post-Grant Review (PGR) and Inter Partes Review (IPR) proceedings will broaden a third party’s ability to challenge patent validity. There seems to be a prevailing assumption that both proceedings will be significantly cheaper than bringing an action in district court. This assumption may not be true, however, given the fees associated with initiating a PGR or IPR proceeding.
Read More
|
|
|
|
|
|
Recent NLRB Developments: New Unionization and Posting Rules
April 24, 2012
by James A. Godwin
The National Labor Relations Board promulgated many significant new regulations affecting unionization and regulation of non-union employers scheduled to take effect on April 30, 2012. Perhaps most significantly, the Board streamlined the unionization process and required even non-union employers to post notices regarding employees’ NLRA rights. Some of these regulations are the subject of lawsuits brought by the National Chamber of Commerce and others arguing that they are substantively or procedurally deficient.
Read More
|
|
|
Class Action Suit Dismissed Because EEOC Failed to Properly Investigate Before Suing
March 27, 2012
by Christopher Harristhal
On February 22, 2012, the Eighth Circuit Court of Appeals dismissed an EEOC class suit because the EEOC had failed to investigate the claims of the class members before it sued in September 2007 and failed to offer the employer/defendant a chance to settle those claims through conciliation as required by Section 706 of Title VII. EEOC v. CRST Van Expedited Inc. (8th Cir. Feb. 22, 2012). This case has potentially far-reaching implications for those employers facing an EEOC charge where the Commission fails to fully investigate the claims and come to a probable cause determination before suit.
Read More
|
|
|
California Courts Make Crucial Data Privacy Rulings
March 27, 2012
by Richard Jay Reding
Data privacy has become an increasingly major concern for businesses in recent years, especially retailers. Making the situation more difficult is that there is no unified law of consumer or employee privacy in the United States, putting the U.S. in a category with Turkey as the only countries without a unified privacy law. Instead, the U.S. has a patchwork of state, federal, and even local rules and regulations. It is estimated that there are at least 30 federal statutes and over 300 state statutes concerning data privacy in the United States. For a business to navigate through this thicket requires understanding the interplay between all of these statutes—a daunting task for retailers and other businesses that deal with private consumer information.
Read More
|
|
|
Recent US Supreme Court Decision Seems to Spark Trend Narrowing Creditors’ Ability to Shield Itself from Liability under the Fair Debt Collection Practices Act
March 27, 2012
by L. Kathleen Harrell-Latham
The United States Supreme Court significantly narrowed the application of the bona fide error defense under the Fair Debt Collection Practices Act in its ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, et. al. In that case, the Supreme Court resolved a long-standing split amongst the circuits on whether a creditor attempting to collect a debt was entitled to claim the protection of the bona fide error defense under the FDCPA for an error resulting from misinterpretation of the law in lieu of a factual mistake. Since this decision was entered, courts considering application of the defense appear to be limiting its availability even further. This apparent trend is particularly important for all businesses and individuals considering their options and strategies when faced with collection of outstanding receivables in this economic climate.
Read More
|
|
|
|
|
|
A Recent Arms-Length Transaction May Be A Key To Lower Property Taxes
March 13, 2012
by Timothy A. Rye
When a property is purchased at a price significantly below the current assessed market value, what impact can the sale have on the owner’s property taxes or on the taxes of owners of similar properties in the neighborhood? If the sale is arms-length does that guarantee a reduction in value and, as a result, a reduction in taxes? While a property that is purchased in an arms-length transaction will not result in a guaranteed reduction in taxes, it can be a significant – if not the primary factor – in obtaining a reduction.
Read More
|
|
|
Thinking About A Property Tax Appeal? Be Prepared (in some cases) To Make Financial Disclosures
March 13, 2012
by Gary A. VanCleve
The economic recession and the bursting of the real estate bubble have created great hardships for many property owners, if there is any silver lining, it is that there are great opportunities for owners to reduce their property taxes by challenging the assessed values of their properties for tax purposes. Owners of “income-producing” properties (properties that produce revenue through rents) who are considering filing a tax petition should be mindful that a legal requirement to pursuing such an appeal is that certain financial information must be produced to the taxing authority within a certain period of time after filing the petition—upon pain of dismissal for failure to do so.
Read More
|
|
|
|
|
|
|
|
|
Minnesota Legislature Introduces Bill to Collect Sales Taxes from Online Retailers
February 28, 2012
by Susan E. Tegt
The 2012 Minnesota legislative session kicked off on January 24th with the reading of several bills that were pre-filed during the legislative recess. Included with these bills is a bill for “Internet Sales Tax Fairness” that, if passed, would require Minnesota consumers to pay state sales taxes to internet retailers who do not maintain retail locations or other facilities within the State of Minnesota.
Read More
|
|
|
Governor Vetoes Tort-Reform Bills Passed by Legislature
February 28, 2012
by Melissa L. Hagstrum
Four tort reform bills recently were passed by the Minnesota House of Representatives and the Minnesota Senate. Despite vetos by Gov. Dayton, the substance of these bills are likely to reappear in legislation either later in this session or in future legislative sessions.
Read More
|
|
|
|
|
|
Update on the America Invents Act: Post-Grant Review
January 27, 2012
by Ryan C. Smith
Ryan Smith discusses the latest developments in the America Invents Act (“AIA” or “the Act”). The Act is the largest overhaul of the United States patent system since 1952. Included in the overhaul are significant changes to the process for reviewing patents after issuance. The Act introduces two new proceedings for reviewing a granted patent – post-grant review and inter partes review
Read More
|
|
|
Minnesota Supreme Court Clarifies the Statute of Limitations for Breach of Employment Contract Actions
January 12, 2012
by John A. Kvinge
In Minnesota, most actions for breach of an employment contract are governed by the two-year statute of limitations set forth in Minn. Stat. § 541.07(5). This means that employees have two years from the date of the alleged breach of contract to file a lawsuit. In Park Nicollet Clinic v. Hamann, ___ N.W.2d ___, 2011 WL 6057981 (Minn. 2011), the Minnesota Supreme Court was faced with the question of whether each paycheck issued after a breach resets the two-year time period for bringing a claim.
Read More
|
|
|
Supreme Court to Examine Discriminatory Practices Under the Fair Housing Act
January 12, 2012
by Susan E. Tegt
The Supreme Court is asked to determine whether a lawsuit can be brought for violation of the Fair Housing Act based not upon a practice that is inherently discriminatory, but rather has a discriminatory effect, or a disparate impact. A group of property owners in the City of St. Paul, Minnesota argue that the City and other government employees violated the Fair Housing Act by aggressively enforcing the City’s housing code, requiring rental properties to meet minimum maintenance standards.
Read More
|
|
|
IP/Tech Buzz
