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Posts from May 2016.

In the new Legal Forum Column, William J. Kishman discussed the new overtime rules from the DOL. Read his advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Question
As an employer, what do I need to know about the U.S. Department of Labor’s new overtime rules?

Answer
Any day now, the DOL will release a new rule increasing the number of employees ...

The recent media attention on transgender bathroom policies serves as a reminder that employers should update their current policies to comply with new guidance and court decisions addressing gender identity and transgender rights.

In fact, in the midst of all of the debate in North Carolina surrounding its “bathroom bill,” which directs public schools and agencies to require ...

Posted in Litigation

On May 19, Daniel J. Donnellon joined with several fellow Federal Bar Association chapter officers from across the country to participate in Capitol Hill Day (“CHD”). CHD is an annual event sponsored by the national Federal Bar Association to function in its crucial role as a neutral lobbying arm for the Federal Judiciary. Even though the Federal Judiciary is one-third of our branches of government, its entire annual budget accounts for only two-tenths of each penny of tax-payer dollars. The Constitution specifies that Congress shall be the steward of this independent judiciary, but members of the judiciary are ethically prohibited from lobbying for themselves. That’s where this essential mission of the Federal Bar Association, and the role of its leaders, comes into play.

Earlier today, the United States Department of Labor announced publication of its final rule updating overtime regulations under the Fair Labor Standards Act. Since 2004, the overtime regulations had granted employers an exemption from overtime for employees making $455 per week ($23,660 annually) and otherwise meeting the executive, administrative, or professional duties ...

Posted in Litigation

In a favorable ruling to creditors and bankruptcy trustees, SCOTUS issued its ruling yesterday in Husky Int'l Elecs., Inc. v. Ritz (In re Ritz) addressing a circuit split on whether “actual fraud” requires a debtor in bankruptcy to have made a false representation. The 7-1 majority found that “actual fraud” under §523(a)(2)(A) of the Bankruptcy Code to encompass fraudulent ...

President Obama signed the “Defend Trade Secrets Act of 2016” (DTSA) on Wednesday last week, creating a new federal action to protect trade secrets. While trade secret protection has existed for many years under state laws, a perceived weakness has existed with respect to the consistency and timely enforcement of trade secret laws from state to state, particularly when applied to interstate and international commerce. The DTSA is intended to address those weakness.

Raul Pacheco-Vega joins The Water Values Podcast and discusses a wide range of issues affecting water. Our first topic was water conflict in Mexico, then we discussed the politics of global sanitation, and finally, we addressed privatization and public-private partnerships. Raul gave a great interview, and you’ll surely find his thoughts on these issues interesting and ...

On Wednesday, May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA is a federal trade secret protection statute. Until now, trade secret protection has generally been a matter of state law.  Because individual state laws may differ, federal trade secret protection law will likely lead to more consistent trade secret protection across the ...

A federal court in Texas recently ruled that the structure and game play of a card game are not protected by copyright law in DaVinci Editrice S.r.l vs. Ziko Games, LLC et al. 

Emojis are small symbols, often smiley faces, used in electronic messages and web pages. Emojis are distinguished from emoticons, which are pictorial representations made using punctuation marks, numbers and letters, such as :) or :-(.   

Posted in Litigation

On April 28, 2016, Daniel J. Donnellon (Cincinnati) accepted an invitation to be an esteemed panelist for a presentation on effective opening statements as part of the Ohio State Bar Association’s All Ohio Legal Forum. Judge Michael Donnelly (Cleveland) and two other seasoned trial lawyers from across The Buckeye State joined Dan on the panel; their session focused on exploring methods to craft and deliver an excellent and memorable opening statement during a trial.

Christine Boyle, President of Valor Water, joins The Water Values Podcast.

In this session, you’ll learn about:

  • How Christine started Valor Water
  • The University of North Carolina’s water program
  • The four platforms Valor Water has commercialized for utility revenue
  • Using software to find anomalies in the water distribution system
  • “Real losses” from the water distribution ...
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