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  • Tribe Beats Beer Behemoth in Trademark Settlement

    In June, the Lumbee Tribe of North Carolina filed suit in federal court against beer giant, Anheuser-Busch LLC (AB), and one of its distributors R.A. Jeffreys Distributing Co. LLC, alleging trademark infringement, unfair competition, and unfair and deceptive practices. Without the Tribe’s permission, AB and R.A. Jeffreys used the Tribe’s logo mark and slogan mark in promotional material advertising Budweiser and Bud-Light alcohol products at multiple convenience stores near the Lumbee reservation. Click here to read the full blog.

  • Supreme Court Denies Sequenom’s Petition to Clarify Scope of Mayo in Sequenom v. Ariosa

    On June 27, 2016, the United States Supreme Court denied a Petition for Writ of Certiorari filed by Sequenom, Inc. requesting the Supreme Court to clarify the scope of its Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012) decision, as applied to Sequenom’s claimed inventions.  The Mayo decision, which held that a method correlating a drug dosage regimen and levels of the drug in the blood was an unpatentable law of nature, has had the profound effect of narrowing the scope of patent-eligible subject matter in the United States and has cast doubt on the validity and enforceability of previously-issued United States patents. Click here to read the full article.

  • Wait a Minute Mr. Postman… How To Respond To a Demand Letter for Life Sciences Companies

    Sooner or later many companies with a successful product or service will receive an overture from a patent holder. Some are almost friendly, proposing a potential mutually beneficial business relationship involving the patent. Others are decidedly less so, leveling claims of patent infringement and seeking immediate termination of the activity or product sales and/or significant financial compensation. This entire range of written communications is commonly referred to as “demand letters.” So – what’s the next step if your company receives a demand letter? Click here to read the full article.

  • 4 Reasons Why Startup Founders Should Have a Vesting Interest in Their Companies

    “It’s our company, shouldn’t we already own our shares?” This question is one of the most common that I hear during my initial discussions with entrepreneurs organizing a company. For entrepreneurs who have often already invested significant sweat, tears and personal resources to launch a company, structuring their ownership is a very important and personal decision. So it’s an understandable reaction when I suggest that they leave a significant portion of their ownership subject to vesting. However, taking this seemingly unfair risk is actually an important step in mitigating future risk for the company and protecting the entrepreneurs’ long-term interest. Of course, this is most crucial in companies with multiple founders. Click here to read the full article.

  • Pride or Prejudice: Native Regalia and Graduation Ceremonies

    Over the past weekend, many celebrated the 240th birthday of the United States with fireworks, food, and flying the nation’s flag. Red, white, and blue stars and stripes found on everything from cupcakes to clothing. We see similar celebrations around high school graduation time; families blasting airhorns at commencement, throwing parties, decorating homes and cars in school colors, all to honor the accomplishments of young scholars. However, a particular way of celebrating seems to cause a stir every year: Native graduates wearing tribal regalia. Click here to read the full blog.

  • Structuring of Real Estate Property Ownership in Dubai

    Article 4 of Law No. 7 of 2006 (“Dubai Property Law”), is the law governing real property ownership in Dubai and provides that the right to own property in the Emirate of Dubai is restricted to UAE (United Arab Emirates) and GCC (Gulf Cooperation Council countries) nationals and to companies wholly owned by them, as well as to public joint stock companies. However, Article 4 also states that, subject to the approval of the Ruler of Dubai, non-nationals may be granted the following property rights in specific areas of Dubai (hereinafter referred to as “Designated Areas”): Click here to read the full article.

  • No Dice for California Indian Casinos?

    If you have ever ventured onto the gaming floor of one of the many Indian casinos in California, you have likely been puzzled by the diceless craps tables, or the roulette games conspicuously missing the iconic ball-bearing wheel. These games are often wildly popular in casinos. The history behind these creative work-arounds lies in the origins of gambling in California, the enactment of California’s Gambling Control laws, and Tribal-state gaming compacts negotiated as early as 1999. Click here to read the full blog.

  • Another Win-Lose Situation: Reactions to SCOTUS decision in U.S. v. Bryant

    On June 13, 2016 in its decision on U.S. v. Bryant, the Supreme Court held that uncounseled tribal court convictions that are compliant with the Indian Civil Rights Act (ICRA), are predicate offenses under the Indian Country domestic assault habitual offender statute. 18 U.S.C. §117(a). Section 117(a) was enacted in response to the deplorably high rates of domestic violence against Native American women. It provides that any person who commits domestic assault in Indian Country and has two prior domestic violence convictions in federal, state, or tribal court can be subject to federal fines, prison, or both. Click here to read the full article.

  • Ad Network to pay $950,000 in civil penalties for alleged privacy misrepresentations and alleged COP

    The Federal Trade Commission (FTC) today announced a settlement with InMobi, a Singapore-based mobile advertising network.  The FTC alleged that InMobi engaged in deceptive trade practices in violation of Section 5(a) of the FTC Act by misrepresenting its practices regarding online consumer tracking and collection of information from children. Click here to read the full article.

  • With Seagate Overturned, More Careful Analysis of Competitor Patents May Be A Good Idea

    The U.S. Supreme Court has just issued a decision in two unrelated cases[1] that overturns the 2007 Federal Circuit ruling[2], known as “Seagate”. The Supreme Court considers Seagate to be “unduly rigid” and overly limiting as to the potential for enhanced damages in patent infringement cases. Click here to read the full article.

  • DOL’s Final Overtime Rule – 6 Key Updates You Need to Know Now

    Under the Department of Labor’s updated overtime rules, employers may need to pay their workers quite a bit more in salary or plan to pay overtime when the rule becomes effective. Currently, employees in certain work categories who are paid a salary and make over $23,660 per year ($455 per week) are considered “exempt.” This means they are exempt from overtime requirements. They are paid a set salary which is not tied to the hours they work, and they don’t get paid more if they work more than 40 hours in a standard work week. Click here to read the full article.

  • “Magic” Numbers: When Growing Businesses Become Covered Under Federal And State Employme

    An ever-increasing array of laws governs the workplace. This issue of the Employ­ment Law Advisor outlines some of the laws regulating employment practices that come into play as a business grows. While even the smallest company is subject to certain employment laws, other requirements are not triggered until the company reaches specific levels of employment. Awareness of these laws and their applicability is impor­tant for a growing company to maintain legal compliance and avoid legal exposure. Click here to read the full article.

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