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The ITC Flexes Its Trade Secrets Muscles Again

The Federal Circuit has once again affirmed the ITC’s broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets. Based on this and other recent decisions, it looks like the ITC will…more

Virginia AG Herring Announces Settlement with Banks Over Alleged Mortgage-Backed Securities Fraud

On January 22, Virginia State AG Mark Herring announced a settlement with eleven banks over their alleged misrepresentation of residential mortgage-backed securities to the Commonwealth of Virginia and the Virginia Retirement System…more

EU Customs Developments: December 2015

EU Customs Policy - Union Customs Code Developments – Key Provisions Published - On 29 December 2015, the Implementing and Delegated Acts for the Union Customs Code (UCC) were published in the EU’s Official Journal as…more

Wildlife Agencies Announce Final Critical Habitat Rules and Policy

On February 5, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the “Services”) announced the availability of two final rules and one policy addressing critical habitat under the Endangered…more

Certain Illinois Employers Now Required to Post Human Trafficking Helpline

A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking. This law, effective January 1, 2016, and…more

7 Ways You Can Prepare for Your First Estate Planning Meeting

Somewhere on every grown-up person’s to-do list is an entry that reads something like “tackle estate plan”. You may even find it among your New Year’s resolutions. The prospect of planning your estate with an attorney can be daunting…more

Promises, Promises: Secretary of State Admits California Can’t Accommodate Cumulative Voting

California’s 1879 Constitution enshrined cumulative voting as a constitutional right. Cal. Const. of 1879, Art. XII, § 12 (repealed). The 1931 California General Corporation Law continued mandatory cumulative voting. When the…more

Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions

Approximately twenty percent of Americans have been classified as chronic procrastinators, which means one in five policyholders faces a potential problem when suing for coverage. While the statute of limitations for breach of…more

EEOC Argues Adverse Employment Action Irrelevant in Racial Segregation Cases

Recently, the EEOC filed an appeal in EEOC v. AutoZone, Inc. et al., arguing that the lower court erred in dismissing the case against AutoZone Inc. by improperly requiring the EEOC to show that the employee at issue suffered an…more

It’s a Trap!  Students Receiving Credit Need Not Be Paid? 

As colleges and universities begin new terms, not all students are returning to the classroom. Some students are headed into the “real world,” to work alongside corporate titans, small-business owners, or moms and pops in their shops…more

What Are the New Partnership Audit Rules?

The recently enacted Bipartisan Budget Act of 2015 amended the existing rules governing tax audits of partnerships in the U.S. Who Does this Effect and When? The new rules primarily impact partnerships with more than 100…more

UK Financial Regulatory Developments - February #2

FCA writes to CEOs on CFD compliance - FCA has written a Dear CEO letter following its review of new client procedures for firms offering contracts for difference (CFD) products on a non-advised basis. FCA carried out a review of…more

OFAC Issues Amendments to Cuba Sanctions Regulations

On January 26, OFAC announced amendments to the Cuban Assets Control Regulations (CACR) to further implement policy changes announced by the Obama Administration on December 17, 2014. The regulatory changes will, among other things…more

Employment Major Russian legislation changes for 2015

New Moscow trilateral agreement concluded between the Government of Moscow, Moscow trade union associations and Moscow employers’ associations for 2016-2018..…more

Combating Trafficking in Persons (CTIPS): What Contractors Need to Know

Objectives - - Explore the requirements of FAR subpart 22.17 - Understand what it means to participate in trafficking in persons - Define prohibited conduct for contractors, subcontractors, and employees -…more

Rapper rumble leads to legal rumble over use of tweet

If you have any remaining doubts that even tiny tweets can lead to major litigation, consider the “Ri-Ri’s Rumble” case. The case has everything: rappers, Rihanna, an eruption at a nightclub and the threat (or maybe non-threat)…more

Important Regulatory Changes On The Horizon

2016 has certainly started out to be an active year for employers. Of particular note, New York lawmakers and regulators, as well as the Equal Employment Opportunity Commission ("EEOC"), have been busy promulgating impactful new…more

Reform Of The Arbitration Law In Myanmar - The Wait Is Over

On 5 January 2016, the Parliament of Myanmar passed its new and much awaited Arbitration Law. This Arbitration Law follows and gives effect to Myanmar’s ratification of the New York Convention in April 2013. One of the aims of the…more

The New E.U.-U.S. Privacy Shield: What You Need To Know

The European Union (E.U.) College of Commissioners has approved an agreement between the E.U. and the United States regarding the transatlantic data flow of E.U. citizens' personal information. Referred to as the E.U.-U.S. Privacy…more

Biotechnology: APHIS Seeks Comment on Potentially Significant Changes to Regulations Regarding GE Organisms

According to a Federal Register notice published on February 5, 2016, 81 Fed. Reg. 6225, the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) announced its intent to "prepare a programmatic…more

Supreme Court Holds That Unaccepted Offer of Judgement Does Not Moot Class Action

As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On January 20…more

Employee Benefits & Executive Compensation Advisory: IRS Notice 2015-87 Provides Much-Needed Guidance for Account-Based Plans and ACA Employer Shared Responsibility Requirement (IRC 4980H)

In IRS Notice 2015-87, the agencies provided further clarification on the impact of the Affordable Care Act (ACA) group health plan market reform provisions on account-based plans and much needed guidance on the Section 4980H employer…more

Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision

On February 1, 2016, a federal district court issued a ruling in Moore v. Denbury, — F.3d — (W.D. La. 2016), with important implications for “legacy” lawsuits in Louisiana…more

Court Report - February 2016

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Astellas Pharma Inc. et al. v. Apotex Inc. et al. 1:15-cv-00857; filed September 22, 2015 in the District Court of…more

Canada Eases Iran Sanctions and Opens Trade for Key Industrial Sectors

The Government of Canada today announced important amendments that loosen its economic sanctions against Iran. The amendments follow on the successful implementation of the Joint Comprehensive Plan of Action on January 16 by the P5+1…more

Georgia Weekly Legislative Update - February 2016 #2

The author of legislation that would facilitate a major expansion of MARTA into Atlanta’s public transit-starved northern arc, the Emory/CDC corridor and east on I-20, has introduced a slightly revised measure after the original…more

What Must Be Done for Wind and Solar Projects to Have “Begun Construction” under the New PTC and ITC?

With the recent extension of the federal income tax credits available for renewable energy projects, practitioners and industry participants have raised questions as to how the “begun construction” rules will apply under these new…more

Super Bowl Ads, and More Super Bowl Ads?

What is a Super Bowl ad? Typically a Super Bowl ad refers to the ad of a brand that has paid lots of money to air its ad on network television during the Super Bowl, a/k/a The Big Game…more

How Have Dealerships Fared In Fight Against Union "Quickie" Elections?

The National Labor Relations Board’s (NLRB) “quickie” election rules took effect on April 14, 2015, substantially expediting the union election process. Among other things, the new rules cut the time period between representation…more

FTC’s Proposed Settlement with Dental Practice Software Provider Marks Latest Data Security Action Against a Product Supplier

On January 5, the Federal Trade Commission (“FTC”) reached an agreement with Henry Schein Practice Solutions, Inc. (“HSPS”) to settle allegations that HSPS misrepresented that its dental practice software provided industry-standard…more

The SFO’s Seize and Sift Procedure

R (on the application of Colin McKenzie) v Director of the Serious Fraud Office saw a failed application for permission to apply for a judicial review of the SFO’s currently in-use procedure for dealing with material that it has…more

More Non-Compete Nonsense: Journalist Fired in Non-Compete Debacle

Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially on a young journalist named…more

Will Congress Come Together for Telemedicine?

Consistent with what we have been seeing in our own practice, and consumers’ growing demand for better access to telemedicine services, a bi-partisan movement is growing in both houses of Congress to expand telehealth services, improve…more

Worth Another Look: GO-TIME

One year ago today, Gov. Tom Wolf signed an executive order establishing the Governor’s Office of Transformation, Innovation, Management and Efficiency (GO-TIME). The Executive Order sought to increase coordination between agency heads…more

CSA re: Non-GAAP, TSX NCIB FAQs and Other Acronyms

Recently, the CSA (Canadian Securities Administrators) released revised guidelines regarding the disclosure of non-GAAP (generally accepted accounting principles) financial measures and the TSX (Toronto Stock Exchange) published…more

Advisors Advantage - February 2016

Avoiding The “Bumps” Of Being A Retirement Plan Provider - I’m a big fan of business history and every successful company that has ever been founded has had a few bumps along the way. For example, Apple almost went out of…more

Committees to Examine Administration’s HHS Budget Proposal, Other Health Policy Issues Next Week

On February 9, 2016, President Obama is scheduled to submit his proposed fiscal year 2017 budget to Congress. Two Congressional committees have planned hearings to examine provisions of the proposed budget involving the Department of…more

Judicial Redress Act Would Extend Privacy Act Remedies to Citizens of Designated Foreign Nations

The pending legislation would authorize the US Department of Justice to designate foreign countries to allow the citizens of such countries to bring civil actions against certain US agencies to access, amend, or redress unlawful…more

Health and Welfare Plans: Big Compliance Burdens, Big Penalty Exposures

Health and welfare have been around for a long time, and they are ubiquitous. Employees have come to expect medical, dental, life, and other insurance as part of their benefits packages. Employers offer coverage in order to reward…more

Recent Decisions Applying the Covalt and Hartwell Test

Two California Courts of Appeal recently reviewed decisions involving the California Public Utilities Commission in a pair of cases that build on the principles established by the California Supreme Court in Covalt and Hartwell…more

Thirty States and Numerous Other Interested Parties Seek an Immediate Supreme Court Stay of the EPA’s “Clean Power Plan”

On January 26, 2016, 29 states and state agencies, including Oklahoma, Texas, West Virginia, Ohio, Colorado, and Mississippi (the “29 States”), submitted an application (the “29 States Application”) to the United States Supreme Court…more

Business Succession Planning - February 2016

The transition of a family owned or closely-held business is a significant undertaking even with the best laid plan. This article will outline the issues that should be considered by the business owner in transitioning a business…more

A Sea Change on the Horizon for California’s Food Court? FDA Calls for Comment on Use of the Term “Natural” for Food Products

At long last, FDA has called for public comment from the food and beverage industry, citizens, and other stakeholders on the use of the term “natural” on food labeling. As many readers of this newsletter know all too well, there have…more

Judge Mostly Denies Deutsche Bank National Trust Co.’s Motion to Dismiss in RMBS Class Action

On February 3, Judge Alison Nathan of the United States District Court for the Southern District of New York largely denied Deutsche Bank National Trust Co.’s (the “Trustee’s”) motion to dismiss in a proposed class action brought by…more

Florida Lenders Not Required to Compete with Homeowner Associations to Foreclose Where Lender’s Lis Pendens is Recorded First

It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s mortgage foreclosure action remains pending. Therefore, a homeowner can potentially…more

New IRS Form Required for Estate Basis Reporting Due Feb. 29

On January 29, 2016, just as tax season is heating up, the IRS released the final version of Form 8971 "Information Regarding Beneficiaries Acquiring Property From a Decedent," and its instructions. As a part of the Surface…more

A New Year's (Awaiting) Resolution

As we close the books on the first chapter of our 2016 year, many investors cling to their New Year’s resolutions, hoping to make a material change that catalyzes a happy, healthy, and productive New Year. Yet it is a proposed change…more

Employers Are Put On Notice: EEOC Issues Proposed Retaliation Guidance

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”) released proposed guidance to update and clarify its position on retaliation and related issues under EEOC-enforced laws, including these…more

Compliance Challenge: The Links Between Corruption and Human Trafficking

Companies are increasingly being required to disclose how they assess and respond to the risks of human trafficking in their product supply chains. Statutes like the California Transparency in Supply Chains Act and the U.K. Modern…more

SciClone Pharmaceuticals: A Textbook Case of FCPA Violations for Gifts, Meals, Entertainment and Travel

The Securities and Exchange Commission continues its steady march as the prominent FCPA enforcement agency against corporations.  The Justice Department has not brought any enforcement actions this year and continues to reevaluate its…more

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At McDonnell Boehnen Hulbert & Berghoff LLP ("MBHB"), we provide creative, pragmatic business solutions through a variety of intellectual property services, including litigation, prosecution, and…

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