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June 22, 2012

On June 18, 2012, the United States Supreme Court resolved a split between the Second and Ninth Circuits, finding a pharmaceutical sales representative qualifies as an exempt outside salesperson under the Fair Labor Standards Act (“FLSA”).

June 12, 2012

In April, the Federal Communications Commission (FCC) adopted a Further Notice of Proposed Rulemaking (Further Notice) to kick-start this Administration’s attempt to reform the FCC’s existing Universal Service Fund (USF) contribution rules in implementing the new Connect America Fund (CAF).

June 11, 2012
A recent Eighth Circuit opinion illustrates the high standard that parties—even a physician seeking access to his patients after losing privileges—must meet to establish  entitlement to injunctive relief.
June 5, 2012

Last week, the First Circuit found that the federal Defense of Marriage Act (“DOMA”) is unconstitutional.

June 1, 2012

On May 30, 2012, the Acting General Counsel of the National Labor Relations Board (NLRB) issued an updated report regarding recent social media cases.

May 30, 2012

A recent federal district court decision in West Virginia illustrates the current divergence among the circuit courts as to whether EMTALA preempts state pre‑suit requirements for medical malpractice claims, and describes how EMTALA has been used to avoid those state law requirements. 

April 10, 2012

On April 5, 2012 President Obama signed into law the Jumpstart Our Business Startups Act or the “JOBS Act.”

April 9, 2012

After over five years of litigation, on March 31, 2012, the U.S. District Court for the Western District of Missouri found that ABB, Inc., its benefits and investment committees and certain individual fiduciaries (the “ABB Defendants”) and Fidelity Management Trust Company and Fidelity Management & Research Company (“Fidelity”), a 401(k) plan recordkeeper, breached fiduciary duties owed to two ABB, Inc. 401(k) Plans (the “Plans”).

April 5, 2012

In the aftermath of the recent financial crisis, federal prosecutors and private whistleblowers utilizing the FCA’s powerful damages and penalty provisions (including treble damages, up to $11,000 per claim and attorneys fees) have recently turned their focus to banks, mortgage companies and others in the financial industry.

March 28, 2012

The Federal Trade Commission (the “FTC”) released this week its final report entitled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers.”

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