News

Benesch @ Work - September 2015

By EsqSocial Corporation 07/09/15

In Browning-Ferris, Businesses Lose as the Board Crafts a Solution in Search of a Problem. Marking a sea change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer...

FTC Announces Settlement Over Influencer Campaign for Xbox One

By EsqSocial Corporation 07/09/15

In January 2014, AdAge interviewed me about news reports that Machinima had hired influencers to create videos promoting Microsoft’s Xbox One gaming console and games. In a native advertising campaign, the influencers posted positive reviews, but...

NLRB Broadens Joint Employer Test To Include Indirect Control

By EsqSocial Corporation 07/09/15

Last week the National Labor Relations Board issued a decision in Browning-Ferris Industries, reversing decades of precedent to revise the standard it will use to determine when two companies are joint employers. The NLRB's new standard significantly...

Patent Is Not Invalid for Obviousness or Obviousness-Type Double Patenting

By EsqSocial Corporation 07/09/15

Plaintiff asserted infringement of U.S. Patent No. 6,335,031, which is directed to a pharmaceutical composition containing a compound to rivastigmine. The parties stipulated to infringement if the patent was valid. Defendant maintained that the...

Yes, Employers May Have To Accommodate Even “Crazy” Religious Beliefs.

By EsqSocial Corporation 07/09/15

Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay more than half a million...

News from Second and State

By EsqSocial Corporation 07/09/15

We’re moving into the third month of the budget impasse with no real news to report. This week, Gov. Wolf changed his negotiating tactic, opting for smaller, more intimate meetings with members. It’s yet to be seen if those talks will lead to a...

EPA To Hold Public Meeting on Biotechnology Algae

By EsqSocial Corporation 07/09/15

On August 25, 2015, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing a Public Meeting and Opportunity for Public Comment on Considerations for Risk Assessment of Genetically Engineered Algae. The...

Five Signs Your Teaming Agreement Will Lead to Affiliation

By EsqSocial Corporation 07/09/15

Teaming agreements are valuable tools for all government contractors. They allow the proposed prime contractor and subcontractor to iron out their relationship prior to competing for a government opportunity....

Superior Court Explains When Officer Is Liable For Tort

By EsqSocial Corporation 07/09/15

This decision explains well when a corporate officer may be personally liable for a business tort under the “personal participation doctrine.” Mere knowledge of wrongdoing is not enough, but active participation is also not required before an...

Sandoz’s Zarxio® Launches with 15% Wholesale Discount

By EsqSocial Corporation 07/09/15

On September 3, 2015, Sandoz Inc. (“Sandoz”) announced that it launched the first biosimilar in the United States, Zarxio® (filgrastim-sndz). Sandoz began marketing Zarxio® following a Federal Circuit Order to permit it to launch at risk as of...

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