New York's top court has upheld the firing of a hedge fund compliance officer who says he confronted its chief executive about improperly selling personal stock before doing the same for clients.
The Court of Appeals ruled 5-2 in rejecting Joseph Sullivan's damages claim against Peconic Partners, Peconic Asset Management and fund President William Harnisch.
The majority says New York common law generally gives an employer the "unimpaired" right to fire an at-will employee, with a few exceptions. It says there is no exception for wrongful discharge of a hedge fund's compliance officer.
Dissenters say the court should expand an exception it has carved out for lawyers who get fired for insisting on professional ethics. They say the majority ruling "facilitates the perpetuation of frauds."
Renowned French shoe designer Christian Louboutin has defended his court battle to protect his famous red stiletto soles.
Louboutin, who is suing fellow French fashion house Yves Saint Laurent for trademark infringement in a U.S. court, argues that he is not trying to monopolize the color red.
The designer said Monday he is defending his ownership to "a specific color in a specific place" of a shoe.
In an interview with The Associated Press, Louboutin called YSL's parent company PPR hypocritical because one of its brands, Gucci, also claims ownership of a specific color combination — red and green stripes — in its logo.
Louboutin was in London to open a major retrospective exhibition at the Design Museum to mark the 20th anniversary of the brand.
The Supreme Court says federal judges can review unsubmitted patent evidence when inventors challenge their rejection by the Patent and Trademark Office.
Gilbert Hyatt asked for patents relating to a "computerized display system for processing image information" in 1995. They were rejected and he sued in federal court. But Hyatt offered judges evidence of the suitability of his application that he never showed to patent officials. Patent officials asked the U.S. Circuit Court of Appeals for the Federal Circuit to dismiss the case because Hyatt never showed them his evidence.
But Justice Clarence Thomas wrote in the unanimous decision on Wednesday there are "no evidentiary restrictions" beyond the normal ones in these cases. Courts, however, can consider whether inventors could have shown their new evidence to patent officials, he said.
A seemingly divided Supreme Court on Monday weighed a potentially costly challenge to the pharmaceutical industry's practice of not paying overtime to its sales representatives.
The justices questioned whether the federal law governing overtime pay should apply to the roughly 90,000 people who try to persuade doctors to prescribe certain drugs to their patients.
Many sales jobs are exempt from overtime pay under the Fair Labor Standards Act. But unlike typical salespeople who often work on commission, pharmaceutical sales representatives cannot seal a deal with doctors. Federal law, in fact, forbids any binding agreement by a doctor to prescribe a specific drug.
Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. Their jobs required them to meet with doctors in their offices, but also to attend conventions, dinners, even golf outings.
Justice Ruth Bader Ginsburg was among several justices who wondered about limits on overtime opportunities if the court were to rule for the sales reps. A court filing by the industry said drug companies could be on the hook for billions of dollars in past overtime.
Paul Clement used to argue for the federal government's power until he started arguing against it.
But he's no flip-flopping political candidate; he's a lawyer. Changes like this are part of his job.
Clement is playing a key role in three politically charged Supreme Court cases in which Republican-led states object to Obama administration policies or federal laws on health care, immigration and redrawing political boundaries.
In the biggest of those, the 45-year-old law school acquaintance of President Barack Obama will be trying to sink Obama's health care overhaul.
Not that long ago, Clement would regularly stand before the justices and defend even the most aggressive uses of federal power, making his case without written notes and parrying questions with an easy banter.
He argued for the Bush administration's policy on detaining suspected terrorists, a federal law outlawing a medical procedure called "partial-birth abortion" by opponents, the McCain-Feingold law aimed at limiting the influence of money in politics and a federal ban on the use of marijuana for medical purposes.