Archive for October, 2011

The Ultimate Fighting Championship (UFC) and other similar organizations are actively investigating local sports bars for airing pay-per-view programming without ordering the event through proper channels.  Federal regulations prohibit the unlawful interception of these events and provide for some stiff penalties.  The type of piracy involved in these investigations include using one’s personal DIRECTV account for viewing in a commercial establishment, ordering a pay-per-view event for personal use and then broadcasting it for financial gain, or intercepting a television signal from another authorized user. 

Read the rest of this entry »

On September 8, 2011, the U.S. Senate passed the Leahy-Smith “America Invents Act” — perhaps the most significant reform of U.S. patent law in living memory. The Act was signed into law by President Obama on September 16, 2011 which enacted its provisions. Certain provisions have immediate effect, while others will come into effect at a later date, typically 12 months (September 16, 2012) or 18 months from (March 16, 2013) from the date of the President’s signature. Please click here for a summary of the major points of the Act. Note, the Act, however, does not include all of the final provisions and rules, as parts of the Act include authorizations for subsequent rulemaking to be made by the Commissioner for Patents. These are expected to be promulgated within the next several months, and are expected to be published in the U.S. Federal Register for public review and comment prior to their enactment.

An ambulatory surgical center (ASC), like all facilities licensed under the Pennsylvania Health Care Facilities Act, must give the Department of Health (DOH) at least thirty (30) days prior written notice of any change involving five percent (5%) or more of its existing ownership.  That is all that the governing regulations contained in Part IV of Title 28 in the Pennsylvania Code have to say on the subject.  It sounds so very simple right?  If you are in the process of transferring ownership in a health care facility, or have already done so without providing DOH with notice of the transaction, you should be warned that much more is actually required.

Read the rest of this entry »

You may have heard that yesterday, the NBA decided to cancel the beginning of its regular season due to ongoing labor issues.  The NBA owners locked out the players as they attempted to negotiate a new collective bargaining agreement.  But after numerous negotiating sessions, no agreement has been crafted.  In fact, the two sides seem to have made little progress.

Read the rest of this entry »

Once again, we are going to look to Seinfeld for guidance in this entry.  In one episode, Kramer obtains an intern, Darren, to assist him with his enterprise Kramerica.  During the episode, Kramer has the following exchange with the dean at Darren’s school: 

Read the rest of this entry »

As we mentioned in a prior blog, the NLRB had announced that effective November 14, 2011, all private-sector employers

will be required to post an “employee rights notice” where other workplace notices are typically posted.  This notice, similar to one that federal contractors are currently required to post, informs employees of their rights to organize in a union and to bargain collectively.  Employers who customarily put personnel policy notices on an intranet will be required to put this information on the intranet as well.

While there is no need to throw a parade in its honor, the National Labor Relations Board has postponed the implementation date for its new notice-posting rule until January 31, 2012.   The decision to extend the posting period arose after businesses and trade organizations posed numerous questions about which businesses fall under the Board’s jurisdiction.  The NLRB indicated, however, that no other changes in the rule, or in the

form or content of the notice, will be made.

Failure to post the notice will be deemed an unfair labor practice and can be viewed as a reason to extend the statute of limitations for filing unfair labor practice charges.  The required posting can be found on the NLRB website. 

For questions about this entry or other labor and employment law topics, please contact Ed Easterly at eeasterly@thslaw.com.

Saleem Mawji also contributed to this post.

On September 27, 2011, the U.S. Court of Appeals for the Third Circuit, based upon—among others—the extraordinary request of Governor Corbett, granted panel rehearing and announced that it will certify to the Pennsylvania Supreme Court the question of whether the statutory right of appraisal under Pennsylvania’s Business Corporation Law (“PBCL”) is the exclusive remedy of dissenting minority shareholders, thus precluding other remedies such as breach of fiduciary duty claims.

Read the rest of this entry »

On October 13, 2011, the 2011 Lehigh Valley Energy and Environment Conference (LVEEC) and Expo will be held at the ArtsQuest Center at SteelStacks in Bethlehem, Pennsylvania.  LVEEC is the Lehigh Valley’s preeminent environmental event for businesses.  The event serves to inform the small-business community of ways to embrace sustainability and integrate it into an overall business strategy, helping them compete in a world ever more influenced by big businesses.  Presentations will provide practical information on exactly what small businesses need to do, what it means to their bottom line, and what it takes to do business from this day forward.  Decision makers responsible for profits and planning, including business owners, financial personnel, and municipal decision makers and planners, are encouraged to attend.

Read the rest of this entry »