In an unpublished decision, the U.S. Court of Appeals for the Tenth Circuit affirmed a trial court’s judgment that Novell, Inc. owns the copyrights in early versions of the UNIX computer operating system. The SCO Group, Inc. v. Novell, Inc., … Continue reading
On August 26, 2011, a Missouri state court entered a preliminary injunction prohibiting enforcement of a new Missouri law requiring teachers to refrain from using non-work-related social media websites which allow exclusive access to current and former students. Missouri State … Continue reading
A current article in Genetic Engineering & Biotechnology News considers the potential implications for pharmaceutical development of a new international agreement regarding access to, and sharing of benefits from, genetic resources. See Nagoya Protocol’s Rules for Genetic Resources Pose Challenges … Continue reading
An individual who voluntarily submitted a DNA sample to Massachusetts law enforcement agencies, which later refused to destroy or return the sample when it was no longer needed, may pursue claims for equitable relief against the agencies for invasion of … Continue reading
On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued an updated Final Rule on conflict of interest, providing a framework for identifying, managing, and avoiding investigators’ financial conflicts of interest. See HHS, Responsibility of Applicants … Continue reading
In two recently published private letter rulings, the U.S. Internal Revenue Service approved plans for tax-exempt supporting organizations of public charities to end their supporting organization status and convert to private foundations. Private Letter Rulings 201133012 and 201133013. As explained … Continue reading
A taxpayer under an investigation into his foreign bank accounts cannot rely upon the privilege against self-incrimination of the Fifth Amendment to the U.S. Constitution as a basis for refusing to produce the bank account records to a grand jury. … Continue reading
The U.S. Court of Appeals for the Second Circuit held that copyrighted goods made abroad and imported into the U.S. without the permission of the copyright owner are not subject to the “first sale” doctrine. John Wiley & Sons, Inc. … Continue reading
Effective August 18, 2011, U.S. President Barack Obama issued an executive order tightening economic sanctions against the government of Syria because of its “continuing escalation of violence against the people of Syria.” Executive Order Blocking Property of the Government of … Continue reading
A prospective employer does not violate the anti-retaliation provision of the U.S. Fair Labor Standards Act (“FLSA”) by refusing to hire a job applicant because she sued her former employer under the FLSA. The U.S. Court of Appeals for the … Continue reading
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