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August 13, 2025
Volume XV, Number 225
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This Week in 340B: August 5 – 11, 2025
DOL Resurrects PAID Program to Supervise Employers’ Self-Audits and Settlements of Potential FLSA and FMLA Violations
Trump Administration Issues AI Action Plan and AI Executive Orders
Winning the Race: America’s AI Action Plan
Innovation Over Regulation – Trump Unveils America’s AI Action Plan
Caught in the Act: Practical and Legal Considerations When Executives’ Office Love Affair Exposed
Florida’s CHOICE Act Becomes Law, Enhancing Certain Non-Compete Agreements
Labor Secretary Lifts Abeyance on OFCCP Disability and Veteran Matters
In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations
SEC’s New Concept Release on Foreign Private Issuer Standards
Litigation Trial Practice
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Aug
30
2018
Chancery Court Finds Transaction Structure can Trigger Presumptions of Business Judgment Difference at Pleading Stage
K&L Gates LLP
Aug
30
2018
Entire Market Value Rule: Patented Feature Must Be Sole Driver for Consumer Demand
McDermott Will & Schulte LLP
Aug
30
2018
Claims Not Limited to Unrecited Aspect Unless the Intrinsic Record Shows Criticality
McDermott Will & Schulte LLP
Aug
29
2018
Exploring the Waters of Motivation to Combine and Secondary Considerations: ZUP, LLC v. Nash Manufacturing, Inc.
McDermott Will & Schulte LLP
Aug
29
2018
TCPA Case Law Review (Vol. 4)
Vedder Price
Aug
29
2018
CJEU Issues Landmark Decision on Patent Term Extensions for Medicinal Products
McDermott Will & Schulte LLP
Aug
29
2018
EEOC Sues Cracker Barrel Old Country Store For Disability Discrimination
U.S. Equal Employment Opportunity Commission
Aug
29
2018
Tread Lightly: Tire Company’s Use of Competitor’s Mold Is Reverse Passing Off: OTR Wheel Eng’g v. West Worldwide Servs.
McDermott Will & Schulte LLP
Aug
29
2018
SEC Consumer Advocates Launch Misguided Preemptive Attack on Arbitration Clauses
Ballard Spahr LLP
Aug
29
2018
The Public’s Right to Know: American Society for Testing and Materials, et al. v. Public.Resource.Org, Inc.
McDermott Will & Schulte LLP
Aug
29
2018
Copyright in Data Compilations Is Thin: Experian Information Solutions, Inc. v. Nationwide Marketing Services Incorporated
McDermott Will & Schulte LLP
Aug
29
2018
Just as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit Holds
Jackson Lewis P.C.
Aug
29
2018
U.S. Firms Continue to Face Liability for Terrorist Attacks under the Antiterrorism Act
Cadwalader, Wickersham & Taft LLP
Aug
29
2018
Yo Ho No: Lack of Express Language Scuttles Claim of Sovereign Immunity Waiver
McDermott Will & Schulte LLP
Aug
29
2018
Sixth Circuit Declines to Revisit Materiality Ruling
McDermott Will & Schulte LLP
Aug
29
2018
The Third Circuit Breathes New Life into Harassment Claims
Steptoe & Johnson PLLC
Aug
29
2018
Defendant Did Not Prevail Under Texas Statute Where Case Was Decided Under California Law
McDermott Will & Schulte LLP
Aug
29
2018
NRDC Moves to Dismiss Petition for Review of New Chemicals Decision-Making Framework
Bergeson & Campbell, P.C.
Aug
29
2018
Obviousness Cannot Be Predicated on What Is Unknown
McDermott Will & Schulte LLP
Aug
29
2018
Did Laban Have An Enforceable Employment Agreement With Jacob?
Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
29
2018
Member Entitled to Fair Value of Interest Upon Forced Withdrawal
K&L Gates LLP
Aug
28
2018
Walk Carefully at This Intersection: Willful Infringement ≠ Enhanced Damages
McDermott Will & Schulte LLP
Aug
28
2018
Specification Must Enable Full Scope of Claims as Construed
McDermott Will & Schulte LLP
Aug
28
2018
Attention Please: Still Looking for Predictable Rules to Determine Subject Matter Eligibility
McDermott Will & Schulte LLP
Aug
28
2018
Printed Publication Status Based on Public Accessibility
McDermott Will & Schulte LLP
Aug
28
2018
When SCOTUS Said No Partial Institution, It Meant All Challenged Grounds
McDermott Will & Schulte LLP
Aug
28
2018
No Bright Line for Determining Real Parties in Interest
McDermott Will & Schulte LLP
Aug
28
2018
Tribal Immunity Does Not Apply to IPR Proceedings
McDermott Will & Schulte LLP
Aug
28
2018
En Banc Federal Circuit: § 145 Appellants Do Not Have to Pay (Attorneys’ Fees) to Play
McDermott Will & Schulte LLP
Aug
28
2018
IME "Watchdog" Companies: Challenging the Scope of Their Services and Ability to Testify at Trial
Wilson Elser Moskowitz Edelman & Dicker LLP
Aug
28
2018
It Will All Come Out in the “Wash”: Did a Southern California District Court Just Solve the TCPA’s ACA Int’l/ATDS Conundrum Once and For All?
Womble Bond Dickinson (US) LLP
Aug
28
2018
GFI and Others Sue Missouri Over Plant-Based and Clean Meat Labeling Law
Keller and Heckman LLP
Aug
28
2018
Delaware Chancery Court Orders Venture Capital Firm To Increase Terminated LLC Member’s Payout In Post-Trial Opinion
Cadwalader, Wickersham & Taft LLP
Aug
28
2018
Chancery Court Denises Motion to Dismiss Breach of Contract Claim Based on Language in Limited Partnership Agreement
K&L Gates LLP
Aug
27
2018
TCPA Consent Medley: Third New Decision Enforcing TCPA Consent Provision in Consumer Agreement Has “Robocallers” Humming
Womble Bond Dickinson (US) LLP
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