Latest Updates

State Department Suspends U.S. Non-Immigrant Visa Processing in Russia

In response to the Russian decision to cap the number of employees at the U.S. Embassy and Consulates in Russia, the State Department has temporarily halted the processing of non-immigrant visa applications in Russia..… more

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals to seize… more

Further implementation of the market abuse regime into Belgian law

On 11 August 2017, Belgium published a new bill to further implement the market abuse regime into Belgian law. The bill, which introduces a whistle-blowing regime, adapts the criminal regime applicable to market abuse, and authorizes… more

Japanese Report: LNG Sale and Purchase Agreement Destination Restrictions Likely Anticompetitive

On June 28, 2017, the Japan Fair Trade Commission ("JFTC") published a report based on a survey conducted from July 2016 to May 2017 ("Report"), concluding that destination restrictions provided in liquefied natural gas ("LNG") sale… more

Passenger Car Tires Drive into the Internet of Things

As tire manufacturers enter the age of the Internet of Things, some are making smart tires equipped with sensors that allow the consumer to view information regarding the tire on applications downloaded to their smart phones. These… more

Company Offers Employees Implanted Microchips

In August 2017, Wisconsin technology company, 3 Square Market, may have been the first U.S. company to offer employees the ability to have radio frequency identification device (“RFID”) chips implanted under their skin. The chips, the… more

Live! Legislative Updates

In our first two newsletters, we offered thoughts and predictions on the Trump Legislative Agenda. Here are a few updates..… more

Resolving Cross-Border Disputes Post-Brexit: UK Position Paper

Businesses and consumers need certainty over the laws that underpin trading across the borders of the EU and the millions of contracts they make each day which currently benefit from the legal certainty membership of the EU offers. The… more

Arizona Republican Senator Jeff Flake Rebukes GOP Plan to Cut Legal Immigration in Half

In a recent editorial for the New York Times, Republican Senator Jeff Flake of Arizona pointedly attacked the RAISE Act – a bill proposed in the U.S. Senate to cut legal immigration in half and focus almost solely on skilled workers… more

Say on Pay Failure Results 2017

Of the 7% of Russell 3000 companies that received “against” vote recommendations from ISS on their say on pay proposals this 2017 proxy season, some of the cited reasons for the negative vote recommendations from ISS consisted of the… more

CMS Proposes to Cancel Bundled Payment and Incentive Models

The U.S. Centers for Medicare & Medicaid Services (CMS) published a proposed rule last week regarding the cancellation of three bundled payment models and an incentive payment model while also reducing the scope of a third type of… more

The Retirement Advantage buys a TPA as the business further consolidates

As discussed with purchases by Ascensus, there is further consolidation in the third party administration (TPA) business. The Retirement Advantage, Inc. (TRA), purchased Retirement Planning, Inc. (RPI), a Grand Rapids, Michigan TPA… more

Make Blogging A Reality At Your Firm

If your goal is to start a firm blog this year, I wish you great success. In my experience, blogging does not come naturally to law firms but it has value. It may take more than one mention of your project to get it off the ground… more

No Payday for Objecting Stockholders as Delaware Supreme Court Reverses Appraisal Ruling

The Delaware Supreme Court recently reversed a Delaware Chancery Court's finding that a private equity buyer had underpaid in connection with its acquisition of payday lending firm DFC Global Corporation… more

Delaware Chancery Court Dismisses Post-Closing Fiduciary Duty Claims, Finding The Complaint Failed To Plead Bad Faith

On August 17, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed a shareholder suit asserting breach of fiduciary duty claims against the directors of MeadWestvaco Corporation (“MW”) in connection with MW’s… more

New Jersey Court Holds Pollution Exclusion Inapplicable to Unintentional Contamination

In its recent decision in Benjamin v. State Farm Ins. Co., 2017 U.S. Dist. LEXIS 131078 (D.N.J. Aug. 17, 2017), the United States District Court for the District of New Jersey had occasion to consider the scope of the pollution… more

Health Alert (Australia) 22 August 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 August 2017 - South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 - NEGLIGENCE – assessment of damages –… more

Northern District Of Texas Dismisses Putative Securities Fraud Class Action Against Pier 1 Imports For Failure To Adequately Plead Actionable Misstatements Or Scienter

On August 10, 2017, Judge Sidney A. Fitzwater of the United States District Court for the Northern District of Texas dismissed a putative securities class action brought against Pier 1 Imports, Inc. (“Pier 1”) and its former CEO and… more

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25 years… more

Superintendence of Industry and Commerce issues new circular on international data transfers

On August 10, 2017, the Superintendence of Industry and Commerce presented a new regulation under the country's recently enacted international data transfer law. Specifically, the new circular explicitly sets forth the standards that… more

Weekly Update Newsletter - August 2017 #3

GOVERNMENT CONTRACTS - “Industry Experts Advise GovCon Firms to Prepare for Possible Gov Shutdown.” ExecutiveGov, August 16, 2017. Retrieved from executivegov.com - An ExecutiveGov article from August 16, 2017 analyzes the… more

Department of Justice Ends Operation Chokepoint

The U.S. Department of Justice (DOJ) has quietly ended its four-year effort to prevent banks from providing credit and other services to certain businesses that had been deemed controversial. In an Aug. 16, 2017, letter to Rep. Bob… more

Contract and Commercial Law Act 2017 comes into force

On 1 September, the Contract and Commercial Law Act 2017 (CCLA) comes into force. The CCLA is the product of a large statute revision exercise that aimed to make the Acts within its scope more accessible, readable and easier to… more

Selling a Family Business

With a wave of baby boomer business owners thinking about retirement, selling a business can allow founders to keep the company running while converting their ownership into funds for their future. Many times, owners have been… more

China's State Council Announces Promotion of Foreign Investment Growth

On August 8, China's State Council published the Notice on Promotion of Foreign Investment Growth (Guo Fa [2017] No. 39). The Notice is intended to further liberalize foreign investment, and calls on China to actively utilize foreign… more

The Good and the Bad from OCIE’s Cyber Examinations and What Firms Should Do Next

The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) released a National Examination Program Risk Alert (Risk Alert) on August 7, 2017 regarding observations from its… more

The U.S. State Department Announces Suspension of Non-Immigrant Visa Operations Across Russia

Due to the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa (“NIV”) operations across Russia will be suspended beginning August 23, 2017. Beginning September 1, visa processing will resume on a… more

Audit Firm And Engagement Partner Settle SEC Allegations Stemming From 2011 Audit Of A New Client

On August 15, 2017, KPMG LLP (“KPMG”) and one of its engagement partners settled claims brought by the U.S. Securities and Exchange Commission (“SEC”) that they violated Section 4C of the Securities Exchange Act of 1934 (“Exchange… more

Can Shareholders Sue CEOs For Corporate Social Activism?

In an August 17, 2017 opinion piece published in The Wall Street Journal, Jon L. Pritchett and Ed Tiryakian had the following message for shareholders..… more

Eighth Circuit Holds That Question Of Class Arbitration Is For Courts, Not Arbitrators, To Decide

In this case, the question presented was whether a court or an arbitrator should determine whether an arbitration agreement authorizes class arbitration. The U.S. Supreme Court has not yet resolved this issue. Several circuit courts of… more

PRA Request Compliance May Not Shield from Attorney's Fees - California Appellate Court Orders City to Pay

The City of San Diego was ordered by an appellate court to pay attorney’s fees to a Public Records Act requestor-plaintiff — despite having produced all requested records, and the trial court having dismissed a PRA writ petition. The… more

EMA proposes new pharmacovigilance practices for the paediatric population

The European Medicines Agency (“EMA”) has proposed a new draft guideline document on good pharmacovigilance practices concerning medicinal products used by the paediatric population. The proposed guideline will replace the existing… more

Radius Restrictions – New York AG Cracks Down on Outlet Mall Operator

Outlet malls are popular destinations for consumers seeking a bargain, even if not everyone agrees that the deals are as good as advertised. But although the prices may seem low, a common provision in lease agreements between the… more

The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health Plan

Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are sobering… more

DOJ confirms termination of Operation Chokepoint; OCC welcomes DOJ statement

In a letter dated August 16, 2017 to House Judiciary Committee Chairman Bob Goodlatte, Assistant U.S. Attorney General Stephen Boyd stated that “[a]ll of the [DOJ’s] bank investigations conducted as part of Operation Chokepoint are now… more

Trends in Senior Living

Baby Boomers have changed the course of marketing and products throughout their lives, and ALFs are proving no different. The days of uniform ALFs is passing, and those on the leading edge of the market are looking to appeal to… more

Scammers Strike Enigma Initial Coin Offering

In the latest example of security risks attendant to initial coin offerings (ICOs), on August 21st the blockchain startup Enigma reported that online scammers used fake solicitations for an ICO presale to steal approximately $500,000… more

Management Alert – The Current Federal Retrenchment on LGBT Rights

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment… more

The Sky’s Now the Limit: E-Verify for Airport Operators

USCIS has released an E-Verify Quick Reference Guide For Airport Operators. Under the Federal Aviation Administration Extension, Safety and Security Act of 2016, Pub. L. No. 114-190, airport operators can now apply to have direct… more

EPA Given Additional Time to Ponder Next Steps on Clean Power Plan as Court Grants Another Stay

Over the last week, the U.S. Court of Appeals for the District of Columbia Circuit stayed two high-profile litigations concerning the regulation of carbon dioxide emissions from new and existing coal-fired power plants. By granting the… more

[Video]Value-based health care: provider integration

John Chesley, Ropes & Gray health care partner, addresses developments for providers to consider as they join together and move towards value-based health care models. ___________________________________________________ Population… more

Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also Vulnerable

In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental Quality Act… more

California Labor Commissioner Publishes Another Required Notice for New Hires

The California Labor Commissioner has published a written notice related to the rights of employees who are the victims of domestic violence, sexual assault and stalking. Employers must provide this written notice to all new employees… more

Deal Watch: Samsung Bioepis and Takeda Enter into Partnership

Samsung Bioepis announced that it has entered into a Strategic Collaboration Agreement with Takeda Pharmaceutical Company to co-develop novel biologic therapies in unmet disease areas. The companies’ first therapeutic candidate is… more

Trading in Opaque Markets: Fraud, Materiality and Compliance

This is the second segment of an occasional series regarding a group of criminal and civil securities fraud actions involving trading in opaque markets and the lessons that can be drawn them; the first segment is here. Litvak I -… more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 31, 2017

Use this when the other side tries to dig up dirt on your expert. Collett v. GEICO Cas. Co., 2017 WL 3336614 (E.D. La. Aug. 3, 2017) (denying motion to compel expert witness to testify about fraud allegations that had been made… more

Car manufacturers' annus horribilis - Takata airbags and the ACCC's enforcement focus

It is a tumultuous time for Australian car manufacturers. - The ACCC (the Australian competition, antitrust and consumer law regulator) released its draft study report into the new car retailing industry earlier this month. The… more

There'll Be Some Changes Made: President Signs Prescription Drug and Biologic User Fee Reauthorization Act

On August 18, 2017, President Trump signed into law the FDA Reauthorization Act (FDARA). FDARA reauthorizes user fees paid to FDA to support regulatory review of innovator drugs and biologics, medical devices, generic drugs, and… more

D.C. Circuit Revives Data Breach Putative Class Action On Standing Grounds, Widens Circuit Split

On August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit revived a data breach class action that was dismissed for lack of standing, holding that the district court improperly applied the Article III injury-in-fact standing… more

Northern District Of California Dismisses Putative Securities Fraud Class Action Against SolarCity Corp. For Failure To Adequately Plead Material Misrepresentations

On August 11, 2017, Judge Lucy H. Koh of the United States District Court for the Northern District of California dismissed a putative securities class action brought against SolarCity Corp. (“SolarCity”) and four of its senior… more

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Established in 1983, Brooks Kushman P.C. is a leading intellectual property (IP) and technology law firm, serving clients nationally and internationally from its offices located in Michigan…

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