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  • Article

    FTC Policy Statement On Health Breach Notification Rule: A Conversation With Reece Hirsch

    As we start 2022, as part of our Spotlight series, we connect with Reece Hirsch, the co-head of Morgan Lewis's privacy and cybersecurity practice, to discuss the recent policy statement issued...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morgan Lewis
    Morgan Lewis
  • Article

    U.S. Supreme Court Establishes State-Of-Mind Requirement For Inducing Infringement Liability

    Today, the U.S. Supreme Court issued its decision in Global-Tech Appliances, Inc., et al. v. SEB S.A., No. 10-6 (2011), holding that to prove inducing infringement under 35 U.S.C. § 271(b) a plaintiff must prove that the infringer had knowledge that "the induced acts constitute patent infringement."
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    Eleventh Circuit Rejects FTC Challenge To Reverse Payment Settlement

    Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge.
    United StatesAntitrust/Competition Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Murky Waters: The FTC Dives Into Exclusionary Supply Contracts

    Although most supply agreements are a benign business reality, when favorable terms negotiated with a supplier foreclose the buyer’s rivals from competing, the antitrust waters can get murky, and buyers, especially those with market power, risk government investigations and private litigation.
    United StatesAntitrust/Competition Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Acting NLRB General Counsel Announces a "Renewed Agency-Wide Focus on Interim Injunctive Relief"

    On September 30, the National Labor Relations Board’s (NLRB’s or the Board’s) Acting General Counsel Lafe E. Solomon outlined a new initiative to expedite the processing of Section 10(j) requests in cases involving alleged unlawful discharges during union organizing campaigns.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    DOL Publishes Final Rules on Labor Law Posting for Federal Contractors

    On May 20, the U.S. Department of Labor (DOL) issued its final regulations describing how federal contractors and subcontractors will provide notice of employee rights under the federal labor laws.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    DOL Revises Guidance On Open Brokerage Windows

    Modified Field Assistance Bulletin eliminates rule calling for fund disclosures of investments available through brokerage windows and other similar arrangements.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    Healthcare Reform Law Requires Reasonable Break Times and Locations for Nursing Mothers

    The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes a provision that requires employers to provide covered employees with the ability to take unpaid breaks to express milk for their nursing infants.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    Liability of School Districts For Teacher-Student Sexual Harrassment

    United StatesEmployment and HR
    Morgan Lewis & Bockius LLP
    Morgan Lewis & Bockius LLP
  • Article

    Massachusetts Signs Law Prohibiting Gender Identity Discrimination

    On November 23, Governor Deval Patrick of Massachusetts signed House Bill 3810 into law.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    New York City Offers Greater Protections For Pregnant Workers

    The city departs from federal law by requiring employers to accommodate pregnant employees even if not considered "disabled."
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    NLRB Enjoined From Enforcing Notice-Posting Rule Pending Appeal

    D.C. Circuit Order prevents the Board from enforcing rule until the court resolves all of the issues before it; oral arguments scheduled for September 2012.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    NLRB Expands the Tools Available for Unions to Target Neutral Employers

    In a case of first impression, the National Labor Relations Board (NLRB or the Board), now operating under a Democratic majority, issued a controversial decision on August 27 that expands the labor movement’s ability to wage public campaigns against "neutral" or "secondary" employers in addition to the "primary" employers that are the source of the labor dispute. United Bhd. of Carpenters, 355 N.L.R.B. No. 159 (2010).
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    NLRB to Prosecute Charge Regarding Employer's Social Media Policy

    The National Labor Relations Board (NLRB or the Board) has announced its intention to prosecute a charge that an employer’s social media, blogging, and Internet posting policy violates the National Labor Relations Act (NLRA).
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    Supreme Court Holds FLSA Antiretaliation Provisions Cover Oral Complaints

    On March 22, in a 6-to-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act (FLSA) prohibits employers from retaliating against employees who "file" an oral complaint that the employer is violating the FLSA, as well as against those who file written complaints.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    Audit Evaluates Compliance With Accounting And Reporting Regulations - The Division Of Audits Addresses Deficiencies In The AFUDC Rate Computation

    On February 7, the Division of Audits of the Office of Enforcement of the Federal Energy Regulatory Commission (FERC) issued a report presenting the areas of noncompliance it identified during an audit of PNM Resources (PNMR), an energy holding company, and Public Service Company of New Mexico (PNM), a wholly owned public utility operating company subsidiary of PNMR.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    Commissioners Vote To Extend Inservice Inspection Surveillance Program

    NRC Commissioners Christopher Hanson, David Wright, and Jeff Baran recently voted 2-1 (Commissioner Baran dissenting) to implement SECY-21-0029, "Rulemaking Plan on...
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Denies Rehearing But Grants Clarification and Extension of Time on TPL-002-0 Reliability Standard

    On March 18, 2010, the Federal Energy Regulatory Commission (FERC or the Commission) issued several orders that portend a significant expansion of FERC control over the development and drafting of mandatory Reliability Standards by the North American Electric Reliability Corporation (NERC).
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Finds Market Manipulation in ISO-NE

    On November 29, 2011, the Federal Energy Regulatory Commission approved a Stipulation and Consent Agreement between the Office of Enforcement (Enforcement) and Holyoke Gas and Electric Department (Holyoke) in which Holyoke stipulated that it failed to report to ISO New England, Inc. (ISO-NE) three planned outages of two of its generating units serving as ISO-NE capacity resources, as required under the ISO-NE tariff.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Rejects Duke-Progress Merger Mitigation Plan

    On December 14, 2011, FERC rejected a merger mitigation proposal (Mitigation Proposal) submitted by Duke Energy Corporation (Duke Energy) and Progress Energy, Inc.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis

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