On March 4, 2014, the U.S. Patent and Trademark Office (“USPTO”) issued a memorandum to the Patent Examining Corps with guidance for determining the patent eligibility of claims relating to products of nature and laws of nature (“the Guidance”) in view of the U.S. Supreme Court decisions in Assoc. for Molecular Pathology v. Myriad Genetics (“Myriad”) and Mayo Collaborative Services v. Prometheus Laboratories, Inc. (“Prometheus”).
On Tuesday, the United States Supreme Court held that the whistleblower protections that apply to employees of publicly traded companies under Section 1514A of the Sarbanes-Oxley Act, also extend to employees of private contractors and subcontractors that serve those public companies.
The U.S. Supreme Court has agreed to resolve a split among the federal circuits regarding whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA), as amended in 1947 by the Portal-to-Portal Act.
Supreme Court Rules That Employees of Private Contractors Can Qualify As Whistleblowers Under Sarbanes-Oxley
On March 4, 2014, the U.S. Supreme Court issued its much anticipated decision in Lawson v. FMR LLC, resolving a dispute over the scope of the whistleblower provision of the Sarbanes-Oxley Act, 15 U.S.C. § 7201, et seq. (“SOX”).
Supreme Court: Whistleblower Protections Under SOX Apply to Employees of Contractors of Publicly Held Corporations
The United States Supreme Court issued its opinion in Lawson v. FMR LLC on March 4, 2014.
Clean Up On Aisle 2[nd Circuit]? Supreme Court to Decide if It Will Review Decision On Individual Liability Under the FLSA
On Friday, SCOTUS will decide if it will grant review of a Second Circuit decision that placed a CEO on the hook for unpaid back wages under an FLSA settlement agreement.
Supreme Court Resolves Circuit Split and Narrows Scope of Securities Litigation Uniform Standards Act
In Chadbourne & Parke LLP v. Troice, Nos. 12-79, 12-86 and 12-88, 2014 U.S. LEXIS 1644 (U.S. Feb. 26, 2014), the Supreme Court of the United States resolved a split in the circuits regarding whether alleged misrepresentations were made “in connection with the purchase or sale of a covered security” for purposes of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), 15 U.S.C. § 78bb(f)(1)(A).
Supreme Court Does Not Seem Inclined to Overrule the Presumption of Reliance; But Changes for How Reliance is Handled at Class Certification May Be Coming
The Supreme Court heard arguments yesterday in Halliburton Co. v. Erica P. John Fund, Inc. One issue presented in the case is whether the court should overrule or substantially modify the holding of Basic Inc. v. Levinson, a case decided by a 4-2 “majority” that established the fraud-on-the-market presumption of reliance in private securities fraud actions.
U.S. Supreme Court Extends Whistleblower Protection to Employees of a Public Company’s Private Contractors
In a 6-3 decision, the U.S. Supreme Court decided earlier this week that whistleblower protection under the Sarbanes-Oxley Act of 2002 includes employees of a public company’s private contractors and subcontractors.
The United States Supreme Court yesterday heard oral argument in Halliburton Co. v. Erica P. John Fund, Inc.