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Author Archives: KIMBERLY ATKINS, BridgeTower Media Newswires

Background-check guidance attracting renewed scrutiny

Two years after the U.S. Equal Employment Opportunity Commission issued a guidance warning employers against the overly-broad use of criminal background checks to screen potential new hires, it is drawing renewed criticism from employers, business groups and lawmakers who say it is cumbersome at best and dangerous at worst.

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Hobby Lobby ruling bodes well for nonprofits also challenging law

In a blow to the Obama administration that may hint at how a similar challenge will play out next year, the U.S. Supreme Court held Monday that the Affordable Care Act’s requirement that employer-funded health care plans cover certain contraceptives at no cost to employees violates the rights of religious owners of closely-held private companies.

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Police chase case raises concerns among defense bar

The U.S. Supreme Court’s ruling that police did not violate the Fourth Amendment by shooting more than a dozen rounds into the car of a fleeing unarmed suspect is making defense attorneys and civil liberties advocates uneasy.

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Patent case gives US justices a workout

In a case that could clarify the specificity with which patent holders must describe their inventions, the justices of the U.S. Supreme Court and the attorneys arguing the case of Nautilus Inc. v. Biosig Instruments Inc., No. 13-369, had a tough time finding the right words to articulate a standard.

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Juice drink showdown reaches US Supreme Court

During oral arguments Monday, the justices of the U.S. Supreme Court seemed disinclined to hold that a Lanham Act claim of false representation against beverage giant Coca-Cola was preempted under the Food, Drug and Cosmetic Act.

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US justices struggle with software patentability

The justices of the U.S. Supreme Court are facing the difficult task of determining whether computer-implemented software programs that draw on non-computerized principles — a category that could encompass countless types of programs that are in use by millions of people — are eligible for patents.

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US Supreme Court averts avalanche of FICA refund requests

Avoiding what attorneys say could have been an “earthquake” effect from businesses rushing to file for a collective $1 billion in tax refunds, the U.S. Supreme Court recently held that severance payments are wages for federal tax withholding purposes.

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NLRB memo could signal litigation priorities

Labor and employment attorneys are taking special notice of a recent memorandum issued by the general counsel of the National Labor Relations Board that requires regional officers to seek guidance from the board’s Division of Advice before proceeding on a broad array of matters.

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US Supreme Court takes up ERISA fiduciary duty case

Seeking to resolve a rather lopsided circuit split, the justices of the U.S. Supreme Court seem poised to support a requirement that employees alleging breach of fiduciary duty overcome a pleading-stage presumption that employee stock plan fiduciaries acted with prudence.

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US justices look for limits in bank fraud case

Expressing an unwillingness to dramatically expand the scope of offenses that fall under the federal bank fraud statute, the justices of the U.S. Supreme Court searched for some type of limiting principle this week during arguments in Loughrin v. U.S., 13-316.

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Court sheds light on aiding, abetting standard

In its ruling in Rosemond v. U.S. that accomplice liability requires advance notice and the opportunity to withdraw, the U.S. Supreme Court tightened the standard the government must meet for a conviction under one of the most commonly used federal aiding and abetting statutes on the books.

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