Tag Archives: Dallas

ILN Today Post

So Congress allowed GSP to expire, what next?

On December 31, 2017 the Generalized System of Preferences (“GSP”) trade program expired after Congress failed to reauthorize the program. The GSP is a program utilized by U.S. importers that allows for duty-free entry of specified products from 120 designated beneficiary countries. The GSP is the U.S.’s largest trade preference program, and in 2016 alone, U.S. imports under the GSP reached $18.95 billion.[1] As will be described in more detail below, although the GSP is currently expired and importers must pay duties on the entries of GSP-eligible goods, U.S. Customs and Border Protection (“CBP”) has “strongly encouraged” importers to continue to flag GSP-eligible imports with the applicable Special Program Indicator (“SPI”).

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ILN Today Post

Insights So You Missed the December 31, 2017 NIST 800-171 Implementation Deadline?

Defense Acquisition Regulation Supplement (“DFARS”) 252.204-7012 requires defense contractors to protect the security of Controlled Unclassified Information (“CUI”). NIST 800-171[1] defines the security requirements for protecting CUI in nonfederal information systems. NIST 800-171 details adequate cybersecurity measures for each of 110 security requirements that should be adopted by defense contractors and subcontractors. The NIST will help nonfederal entities, including contractors, to comply with the security requirements using the systems and practices they already have in place, rather than trying to use government specific approaches. It provides a standardized and uniform set of requirements for all CUI security needs, tailored to nonfederal systems, allowing nonfederal organizations to be in compliance with statutory and regulatory requirements, and to consistently implement safeguards for the protection of CUI.

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Texas District Court Upholds Hospital’s Policy that Disabled Employees Compete for Vacant Positions

Dallas, TexasIn a decision impacting the interactive process, the Northern District of Texas held in EEOC v. Methodist Hospitals of Dallas, No. 3:2015-cv-03104 (N.D. Tex. Mar. 9, 2017), that employers do not violate the Americans with Disabilities Act (“ADA”) by requiring individuals with disabilities that need reassignment as a reasonable accommodation to compete for vacant positions.

Plaintiff, a former patient care technician, requested an accommodation after an on-the-job injury precluded her from performing the required duties of lifting and transporting patients. Though she met the minimum qualifications for two vacant positions, she was not chosen for the positions and was terminated. The EEOC alleged that the Hospital maintained an unlawful policy by requiring individuals with disabilities to compete for vacant positions where the individual was qualified for the position. The Hospital argued that the EEOC was attempting to mandate additional affirmative action not required by the ADA by asserting that the employer could not choose the most qualified applicant for a vacant position.

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ILN Today Post

$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies

The decision by a federal jury in Dallas, Texas, to award $500 million to the plaintiffs in a case involving virtual reality (VR) technology – despite the jury’s conclusion that the defendants had not misappropriated any of the plaintiffs’ trade secrets – illustrates the degree to which companies must move with caution when they begin or expand businesses relying on VR or other emerging technologies.

Complaint
The plaintiffs in the case, Zenimax Media Inc. and id Software LLC, sued Oculus VR LLC, owned by Facebook, Inc., which had acquired Oculus in October 2014 for approximately $3 billion. The plaintiffs also sued Oculus’ founder (Palmer Luckey), chief technology officer (John Carmack, who previously worked for Zenimax), and former chief executive officer (Brendan Iribe) individually.

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