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On April 27, the Court of Appeals for the Federal Circuit ordered en banc review of a panel decision last week in In re Tam, a trademark case. The issue to be decided en banc is “Does the bar on registration of disparaging marks in 15 U.S.C. § 1052(a) violate the First Amendment?” 
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So, I’m wrapping up an interview with one of my candidates:

“So, who do you think would win in a fight between Spiderman and Batman? And, if you could high five one person, living or not, who would it be? Nennen Sie mir 7 Dinge, die man mit diesem Stift machen kann? 

She’s killing it! She’s hired.
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I’ve been thinking a lot lately about what it means to be a salaried exempt employee. The classification is significant, because it enables an employer not to pay the employee overtime for an hours worked over 40 in week.
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Two issues of continued importance to shareholders and the U.S. capital markets were recently discussed by SEC Commissioner Kara Stein. One the Commissioner called “short-termism” while the other focuses on the composition of corporate boards of directors. Commissioner Kara M. Stein, “Toward Healthy Companies and a Stronger Economy,” delivered at the U.S. Treasury Department’s Corporate Women in Finance Symposium (April 30, 2015).
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The Seventh Circuit has refused to reconsider its troublesome ruling that mortgage servicers violate the Federal Truth in Lending Act (TILA) if they do not credit electronic payments the day they are made even though the funds are not received until several days later. 
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In March, the Consumer Financial Protection Bureau (the “CFPB”) released its 728-page Arbitration Study(the “Study”) regarding the use of arbitration agreements in consumer financial products and services. The Study, which concludes that arbitration agreements are detrimental to consumers, is expected to result in significant restrictions on the use of arbitration and class-action waivers in consumer contracts, especially for companies that operate retail-banking units.
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Hundreds of victims of a massive $220 million Utah Ponzi scheme may soon become part of an extremely rare group of Ponzi victims who were able to recover 100% of their principal losses. Gil Miller, the court-appointed receiver over Management Solutions, recently obtained court approval for a proposed distribution plan that contemplates a "reasonable possibility" that all investors will realize a 100% recovery of their experienced losses. 
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This Delaware Court of Chancery opinion addresses important issues regarding the scope of documents (including emails) that a company must search for and produce after an order is granted pursuant to DGCL Section 220.
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I make it my business on this blog to try to write about the latest developments and current trends in the world of D&O, but I think that every now and then it is a good idea to step back and take a look at the bigger picture. For example, let’s consider the standard D&O Insurance policy form. A D&O insurance policy is usually a lengthy document with detailed terms and conditions. The details are extremely important. But when you boil it all down, the insurance provided by the D&O policy comes down to a few very basic things.
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In one of the most bizarre employer appeals I've ever seen, a company called Mach Mining asked the Supreme Court to dismiss a suit by EEOC because EEOC didn't engage in sufficient conciliation efforts. Conciliation is a fancy term for trying to settle a case. It's done after EEOC makes one of those rare findings of "cause" for a discrimination charge.
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Today, the Patent Trial and Appeal Board (PTAB) added the recent Decision on Institution rendered in Dell, Inc. v. Electronics and Telecomms. Res. Inst., IPR2015-00549 Decision Denying Institution, Paper 10, Mar. 26, 2015, to the list of Representative Orders, Decisions, and Notices on its web page.
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Below is a summary of the activity reported for April 2015. The reported stories reflect: 10 guilty pleas or convictions in pending cases; over 105 years of newly imposed sentences for people involved in Ponzi schemes; at least 11 new Ponzi schemes involving nearly $100 million; and an average age of approximately 49 for the alleged Ponzi schemers. 
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In their circles
313 people
Have them in circles
199 people
Alliance for Integrity | AfIn's profile photo
Drake Law Firm's profile photo
Alick Gao's profile photo
Sales Lead Management Association's profile photo
kyleen grace ragudo's profile photo
Doug Esten's profile photo
Jeff Peek's profile photo
CriminalLawyer.com's profile photo
BerlikLaw, LLC's profile photo
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Legal news, articles, podcasts, and more by legal experts from a broad array of practice areas.
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Legal news, articles, podcasts, and more by legal experts from a broad array of practice areas.