News & Events
When is “Use in Commerce” Not “Use in Commerce”?
A recent decision from the federal district court in Delaware highlights an important difference between trademark registrations and trademark infringement, potentially giving trademark holders a step ahead in enforcement (read it here). New Balance, the maker of...
Delaware Bankruptcy Court Decides Nursing Home Case
The Delaware Bankruptcy Court decided a significant case for nursing home Chapter 11's on December 5, 2019. Monthly estimated Medicare payments are the life blood of nursing home cash flow. The estimates are based on the debtor’s census of its Medicare residents. This...
LNL Attorney to Moderate Meritas Webinar on November 7, 2019
U.S. Department of Labor Issues Final Overtime Rule
On September 24, 2019 the U.S. Department of Labor (DOL) announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). The final rule updates the earnings thresholds necessary to exempt executive,...
Is the Federal Circuit Cutting Back Early Alice Decisions?
In a case recently decided by the Court of Appeals for the Federal Circuit (CAFC), the appeals court appears to announce procedural requirements that may cut down the usefulness of early dismissal motions under the Supreme Court’s landmark Alice Corporation case (read...
Dilemma: Choosing Between Competing Requests for Accommodation
An Ohio federal court has addressed a reasonable accommodation conflict at The Ohio State University. The facts were as follows: A sophomore at OSU, Madeline Entine, was diagnosed with depression, anxiety, obsessive-compulsive disorder and posttraumatic stress...
Dilemma: Choosing Between Requests for Accommodation
An Ohio federal court has addressed a reasonable accommodation conflict at The Ohio State University. The facts were as follows: A sophomore at OSU, Madeline Entine, was diagnosed with depression, anxiety, obsessive-compulsive disorder and posttraumatic stress...
Reminder: Exceptions to the At-Will Employment Relationship
Ohio is among the 49 states that recognize the at-will employment relationship (Montana is the lone exception). In Ohio an employee may be terminated for any reason that is not unlawful or for no reason, just as an employee may quit for any reason or no reason. ...