Business Law Update, July 2010

07/13/2010 / Business Litigation Practice Group


Minnesota Supreme Court Clarifies Scope of Whistleblower Protection
By Julia H. Halbach
The Minnesota Supreme Court issued its long-awaited decision in the case of Kidwell v. Sybaritic, Inc. This case will likely change the landscape of whistleblower cases brought pursuant to Minn. Stat. § 181.932, Minnesota’s Whistleblower Statute. Continue

The Supreme Court Rules That The Process in Bilski is Not Patentable, But Refuses to Foreclose The Patentability of Business Methods
by John A. Cotter and Chris M. Heffelbower
What does the Bilski decision really mean for patent applications?  According to a Memorandum issued by the U.S. Patent and Trademark Office, not much will change, and it will continue to apply the "machine-or-transformation test" to determine patentability of inventions directed to processes or methods. Continue

Patient Protection And Affordable Care Act - How it Will Be Funded
by Bruce J. Douglas and Kelly M. Burke
The big question on many people's minds is where will the money come from to fund the deficit reduction and the Patient Protection and Affordable Care Act (PPACA).  The PPACA and deficit reduction will be funded through new taxes, fees and penalties on individuals, businesses and the health care industry. Continue

Department of Labor Guidance Clarifies Category of Employees Who May Take FMLA Leave to Care For a “Son or Daughter” 
by Ashlee M. Bekish
The U.S. Department of Labor issued an Administrative Interpretation Letter clarifying who may take time off under the Family and Medical Leave Act to care for a newly born, adopted, or sick child. The DOL interpreted the “in loco parentis” provision broadly, concluding that employees who have no biological or legal relationship with a child may nonetheless stand “in loco parentis” to the child and be entitled to FMLA leave. Continue

Supreme Court Strikes Down Part of Sarbanes-Oxley Act
by Bruce J. Douglas and Ashlee M. Bekish
The United States Supreme Court issued its first decision concerning the Sarbanes-Oxley Act. The Supreme Court determined that the Sarbanes-Oxley Act’s provision relating to how members of the PCAOB are removed violates the Constitution because the removal process is too insulated from presidential control. Continue

Federal Contractors And Subcontractors Are Now Required to Post a Notice Regarding NLRA Rights
by Chris M. Heffelbower
Federal contractors and subcontractors are now required to post a notice informing employees of their rights under the National Labor Relations Act. Find out how to receive a copy of the notice for your workplace. Continue