Showing articles for Nic S Puechner
Showing Results 1 - 11 of 11

  • E-Alert – City of Saint Paul Enacts Minimum Wage

    11/30/2018 / Phyllis Karasov

    Saint Paul has enacted a phased higher minimum wage ordinance which begins in 2020. The size and type of business determines when the $15 per hour minimum wage applies.

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  • Minnesota Court of Appeals Affirms Injunction Limiting Minneapolis Sick and Safe Time Ordinance to Businesses Located Inside City Limits

    09/19/2017 / Nic S. Puechner

    On September 18, 2017, the Minnesota Court of Appeals issued a decision affirming a temporary injunction issued on January 19, 2017 by a Hennepin County District Court in which the lower court limited the Minneapolis sick and safe time ordinance to businesses located within the city limits of Minneapolis.

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  • Texas Court Strikes Down Department of Labor Overtime Rule

    09/05/2017 / Daniel J. Ballintine and Nic S. Puechner

    In November 2016, a federal judge in the Eastern District of Texas issued a nationwide injunction blocking a Department of Labor (DOL) regulation, originally scheduled to take effect on December 1, 2016. On August 31, 2017, that same court issued a summary judgment order which fully invalidated the regulation.

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  • Eighth Circuit Holds That Franchisor Failed to Establish Willful Infringement

    05/03/2017 / Nic Puechner

    Franchisors must demonstrate at least minimal willful infringement when seeking to recover monetary damages under the Lanham Act, even when the defendants fail to defend the claim.

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  • Minneapolis, St. Paul Issue Sick and Safe Time Rules

    04/18/2017 / Phyllis Karasov and Nic Puechner

    Minneapolis and St. Paul each issued rules and a collection of frequently asked questions (FAQ) April 1, further clarifying the implementation of each city’s sick and safe time ordinance. The ordinances, which guarantee paid earned sick and safe time for employees working within the cities of Minneapolis and St. Paul, are scheduled to go into effect on July 1, 2017.

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  • Minneapolis City Council Passes Amendments to Sick and Safe Time Ordinance

    10/06/2016 / Phyllis Karasov and Nic Puechner

    On Sept. 23, the Minneapolis City Council unanimously voted to enact several amendments to its Sick and Safe Time Ordinance, which was originally passed on May 27. These amendments come after the city of St. Paul enacted its own Sick and Safe Time Ordinance on Sept. 7.

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  • Court Holds Franchisee Accountable for Acts That Harmed the Goodwill and Reputation of the Franchise System

    09/20/2016 / Nic Puechner

    The U.S. District Court for the District of Arizona recently issued a decision supporting franchisors’ right to protect their legitimate business interests from franchisees who perform “overnight switches” to competing businesses. The court specifically held that enforcement of non-compete agreements are “necessary to protect [franchisors’] legitimate business interests, including [their] confidential information, trade secrets, and good will,” reasoning that “[t]he goodwill that [a franchisee] acquired from performing work as a . . . franchise belongs to the franchisor.”

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  • New St. Paul Ordinance Guarantees Paid Sick and Safe Time Leave for Employees

    09/13/2016 / Phyllis Karasov and Nic Puechner

    On September 7, 2016, the St. Paul City Council unanimously approved an ordinance guaranteeing paid earned sick and safe time for employees working within the city of St. Paul. The new ordinance will take effect July 1, 2017 for employers with 24 or more employees and January 1, 2018 for employers with 23 or fewer employees.

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  • No Clean Slates: Unpacking the Complications of Juvenile Expungements in the Wake of In Re Welfare of J.J.P

    08/14/2014 / Nic Puechner

    Nic Puechner's article, "No Clean Slates: Unpacking the Complications of Juvenile Expungements in the Wake of In Re Welfare of J.J.P" appeared in vol. 40, issue 3 of William Mitchell Law Review.

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  • Setting the Standard for Indefiniteness of Patent Claims

    07/03/2014 / Nic S. Puechner

    The Supreme Court recently resolved a question about definiteness with hopes that courts and the patent bar will not be left “at sea without a reliable compass.” In Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), the court held that § 112 of the Patent Act requires “that a patent’s claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty.”

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  • The Burden of Proof Remains With the Patentee in a Licensee’s Declaratory Judgment Action

    07/03/2014 / Nic S. Puechner

    The Supreme Court held in a recent unanimous decision that “when a licensee seeks a declaratory judgment against a patentee to establish that there is no infringement, the burden of proving infringement remains with the patentee.” Medtronic, Inc. v. Mirowski Family Ventures, LLC, 134 S. Ct. 843 (2014)‎.  

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Showing Results 1 - 11 of 11