Insights

Supreme Court Decision in Lexmark Case Delivers Blow to Patent Holders

By Jennifer Van Doren, Partner, Morningstar Law Group The U.S. Supreme Court issued its decision in Impression Products, Inc. v. Lexmark International, Inc. on May 30, 2017.  In it, the Court continued its recent expansion of the patent exhaustion doctrine, delivering a blow to patent holders and finding that a patent holder (or “patentee”) cannot […]

Don’t Gamble with Promotions - Is your marketing promotion illegal?

Jennifer Van Doren has represented clients in advertising, promotions, and sweepstakes legal compliance for more than 15 years. Given to the Raleigh Triangle Association of Corporate Counsel in April 2017, Van Doren’s talk proves that it’s not all fun and games when it comes to marketing promotions. Click HERE to download the presentation.

COPYRIGHT OFFICE REPORT ON SOFTWARE-ENABLED CONSUMER DEVICES

By: Mitch Tuchman Software-enabled consumer devices are ubiquitous.  Think not only personal computers—desktop, laptop, handheld—but thermostats, cameras, refrigerators, power tools, self-driving cars, even dolls, toys and games, among others devices too numerous to mention.  This was not so in 1976 when Congress enacted the present Copyright Act (the “Act”), including computer software for the first […]

Client Alert: New FTC Acting Chairman Signals More Pro-Business Approach

By Jennifer Van Doren Following President Trump’s designation of Maureen J. Ohlhausen as Acting Chairman of the Federal Trade Commission, many businesses are breathing a hopeful sigh of relief.  Ohlhausen has been a Commissioner since April 4, 2012, in a term that ends in September 2018. Since her designation as Acting Chairman, Ohlhausen has signaled that […]

A TEXAS FEDERAL JUDGE HAS SUSPENDED NEW OVERTIME REGS EXEMPT EMPLOYEE SALARY THRESHOLD INCREASES ON HOLD

A Texas United States District Court Judge issued a nationwide preliminary injunction yesterday afternoon (Tuesday, November 22), preventing the U.S. Department of Labor from implementing the new overtime rules set to take effect next week, on Thursday, December 1, 2016, requiring a minimum annual salary of $47,476 for employees to qualify for white collar exemptions […]

Update OSHA Reporting Procedures Now! OSHA Final Rule on Electronic Submission of Workplace Injury and Illness Reports Takes Effect January 1, 2017

By Amie Carmack The Occupational Safety and Health Administration’s long-awaited final rule on electronic submission of workplace injury and illness reports takes effect on January 1, 2017 and will be phased in over two years. The new rule requires that establishments with at least 250 employees submit electronic copies of all of their illness reports, logs […]

Promotions and Data Privacy: What are the Risks?

By Catherine Otto Sweepstakes are a great way to build interest in your business or product. Consumers seem to be more than willing to hand over their personal information (in the form of name, email address and phone number) for the chance to win a gift card, free merchandise or free tickets. Sweepstakes are fun, […]

North Carolina Supreme Court Holds that Highway Corridor Reservation Maps Constitute Takings

By William J. Brian, Jr. On June 10, 2016, the N.C. Supreme Court held that the recording of highway corridor reservation maps by NCDOT pursuant to a statute known commonly as the Map Act constitute takings of the property rights of the affected landowners for which NCDOT must pay them just compensation.  In so doing, […]

"Everything as a Service" Contracts

Randy Whitmeyer recently presented the following CLE to members of the ACC at CAM Raleigh. We hope that you find this subject informative and useful. “Everything as a Service” Contracts – Presentation from MorningstarLaw