Latest Updates

[Video]Videocast: Regulatory Aspects of Setting Up Education Programs Overseas

Establishing overseas educational programs or campuses can be a complex, expensive and resource consuming endeavor that can take years. Regulations, local laws and tax implications differ from jurisdiction to jurisdiction thus creating… more

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case (updated)

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance on when it… more

Relief for Hurricane Victims

Thanks to the damage caused by Hurricane Harvey and Hurricane Irma, the Internal Revenue Service (IRS), Department of Labor (DOL), and the Pension Benefit Guaranty Corporation (PBGC) have granted extensions of certain deadlines for… more

Michigan No Fault Auto Insurance Benefit Denials up 236%

Insurers scream “No-Fault fraud,” even as they cause huge spike in Michigan No-Fault benefit denials and cut-offs of car crash victims - There’s going to be a number of No-Fault reform legislative proposals expected to be released… more

Recent Rulings Clarify Venue Requirements in Patent Cases

On September 21, 2017, the US Court of Appeals for the Federal Circuit in In re Cray, Inc. clarified the rules for determining proper venue in patent suits, building on the US Supreme Court’s May 2017 ruling in TC Heartland v. Kraft… more

Key California Employment Law Cases: August 2017

Arbitration - Sprunk v. Prisma LLC, No. B268755, 2017 WL 3614265 (Cal. Ct. App. Aug. 23, 2017) - Summary: Employer waived right to compel arbitration against class members by not timely pursuing arbitration. Facts:… more

"Common Sense Prevails": Northern Ireland Housing Executive v. Healthy Buildings (Ireland) Limited [2017] NIQB 43

Where a compensation event has occurred and additional costs have been incurred, can a contractor claiming compensation rely on forecast costs to assess the effect of the compensation event? Common sense dictates no… more

Recent German case law on the doctrine of equivalents

In two recent decisions, Pemetrexed and V-förmige Führungsanordnung, the FCJ affirmed and clarified its established case-law under which embodiments disclosed but not claimed by the patent are excluded from the scope of protection… more

Corroboration of the Inventor is Necessary, but Evaluated Under a Rule of Reason, Considering the Totality of the Circumstances

In NFC Technology, LLC v. Matal, [2016-1808] (September 20, 2017), the Federal Circuit reversed the PTAB’s final written decision that claims of U.S. Patent 6,700,551 were obvious, and remanded for the board to determine whether NFC… more

Trade Secrets: What In-House Counsel Need to Know

As former U.S. Attorney General Eric Holder observed, there are only two types of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet. Although the Defend Trade Secrets Act… more

New BPCIA Litigation: Amgen v. Mylan (W.D. Pa.)

On Friday, Amgen filed a complaint for patent infringement under the BPCIA against yet another developer of a biosimilar of Neulasta® (pegfilgrastim). Amgen has sued Mylan in the Western District of Pennsylvania for infringement of… more

Cyberattacked: The SEC Joins the Club

On September 20, the Securities and Exchange Commission announced that its system for electronic filing for public company disclosures, EDGAR, was compromised last year and that hackers may have used exposed information for illicit… more

President Ends DACA Program, Gives Congress Six Month Deadline to Pass Long-Term Fix for Dreamers

On September 5 U.S. Attorney General Sessions announced that the Administration will end the Obama Administration’s Deferred Action for Childhood Arrivals program, known as DACA. The program has been in effect since mid-2012 and has… more

EEOC Sues Whataburger for Retaliation against Manager Who Refused to Hire Only White Applicants

Tallahassee Restaurant Manager Was Told to Consider Only Applications That 'Sounded White,' Federal Agency Charges - TALLAHASSEE, Fla. - Fast food restaurant giant Whataburger Restaurants LLC violated federal law when it retaliated… more

Senate Confirms Appointment of William J. Emanuel to NLRB; Board Has Full Complement,- For Now

In a 49-47 vote today, the Senate confirmed William J. Emanuel’s appointment to the NLRB. Once Mr. Emanuel is sworn in, it will be first time since 2015 that the NLRB has had a full five members. Before 2015, years of gridlock often… more

Lessons Learned: Website Redesign (Part 1)

Visually pleasing, descriptive, and easily digestible with clear yet engaging navigation - your website needs to encompass all of these features.  After all, your website is your firm in the online world.  Often it is the first… more

Updates to Massachusetts Cybersecurity Laws

Coming on the heels of several high profile data breaches, lawmakers in the Bay State have turned their attention to evaluating and improving cybersecurity across the Commonwealth. The State Legislature has created a special committee… more

2018 Dutch Tax Plan - changes to Dutch dividend withholding tax

The Dutch Ministry of Finance has published the 2018 Budget and, in connection with it, the 2018 Tax Plan. The 2018 Tax Plan contains a number of already anticipated changes to Dutch tax legislation effective as of January 1, 2018… more

Secretary Mattis to Convene Panel of Experts to Study Transgender Service in the Military – Can He Do That?

On August 25, 2017, President Trump released a memorandum banning transgender individuals from the military. Following this announcement, Secretary of Defense James Mattis (“Secretary Mattis”) said he would convene a “panel of experts”… more

CMA’s new guidelines give clarity for smaller and non-overlapping mergers

On 5 September 2017, the CMA released new guidance regarding its Mergers Intelligence Function and the informal guidance it can give parties who are considering whether to submit their merger for formal deliberation by the CMA. This… more

Greenhouse gas emissions trading schemes: A global perspective - UK

EU's trading scheme framework dominates, but Brexit brings uncertainty - As early as 2002, the UK began preparing for international emissions trading. It initiated a pilot emissions trading scheme (UK ETS) in anticipation of its… more

Binary Options And Securities Regulation

Recently, the North American Securities Administrators Association (NASAA) updated and expanded its 2015 advisory warning investors about online binary option schemes. NASAA offers the following explanation of “binary options”..… more

Pres. Trump Issues New Immigration Proclamation Expanding Covered Countries

Pres. Donald Trump added new countries to the list of those whose citizens face travel restrictions into the United States. On Sept. 24, 2017, Pres. Trump issued the "Presidential Proclamation Enhancing Vetting Capabilities and… more

Emanuel’s Confirmation Launches a New Era at the NLRB

September 25, 2017, marks a significant turning point in the recent saga of the National Labor Relations Board (NLRB). Eight months into the Trump administration, the U.S. Senate confirmed William J. Emanuel to fill the long-vacant and… more

Southern District Of New York Allows Putative Securities Fraud Class Action To Proceed Against Company That Pleaded Guilty To FCPA Violations

On September 19, 2017, Judge Andrew L. Carter, Jr. of the United States District Court for the Southern District of New York allowed a putative securities fraud class action to proceed against VEON Ltd. (“VEON”), a telecommunications… more

Reflections on the Origin of a Ten-Year-Old Blog

Every good superhero story needs an origin story. I’m not a superhero but I’ve got a super origin story to tell… more

The FTC Case against EquiFax Inc.

In early September of 2017, it was reported that Equifax Inc., one of the country’s three leading credit reporting services, was subject to a cyberattack that resulted in the access by the hackers of financial and personal information… more

OIG Advisory Opinion Allows Waiver of Cost Sharing in Research Studies

Recently, the U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) issued an Advisory Opinion (17-02) that allows for waivers or reductions of cost-sharing amounts owed by financially needy Medicare… more

Remedy Phase Begins after ITC Finds that Imports Injured US Solar Industry

Today the US International Trade Commission (ITC) issued a unanimous decision under Section 201 of the Trade Act of 1974 that imported solar panels are the “substantial cause” of serious injury or the threat of serious injury to the US… more

US Announces New Sanctions Against North Korea; Non-US Persons Face Significantly Increased Risk

On September 21, 2017, President Trump, in response to North Korea's nuclear activities, issued an Executive Order "Imposing Additional Sanctions with Respect to North Korea” (EO). The EO provides for expansive designation authority… more

Federal Circuit Clarifies Venue Requirement Post-TC Heartland by Granting Mandamus Relief in In re Cray

Late last week, the Federal Circuit granted a writ of mandamus in In re Cray, 2017-129 (Fed. Cir. Sept. 21, 2017), overturning Judge Gilstrap’s four-factor test for determining whether a defendant possesses “a regular and established… more

U.S. Solar Industry Braces for Potential Tariffs After U.S. International Trade Commission Decision

After the U.S. International Trade Commission's (ITC) ruling on September 22 that importers of solar panels have seriously injured domestic solar panel manufacturers, the U.S. solar industry is set for a period of uncertainty… more

Navigating Florida Property Coverage Waters After Hurricane Irma

As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent causation, and time… more

Legal Advice Not Enough for Adviser to Avoid SEC Sanctions

Undisclosed conflicts of interest have been a key focus of OCIE exams of investment advisers. Those undisclosed conflicts have resulted in a series of enforcement actions against advisers… more

Will the Supreme Court Finally Remove Doubt That an Employer Can Mandate That Employees Enter into Arbitration Agreements with Class Waivers?

Seyfarth Synopsis: In the first argument of the first day of its new term, the U.S. Supreme Court will hear oral argument in three cases presenting the issue of whether an employer may require employees to enter into arbitration… more

ICOs are more than a token gesture: an assessment of some of the key considerations for issuers of and investors in ICOs

With total amounts raised in initial coin offerings (ICOs) this year exceeding US$2 billion and a number of sales coming forward each month, there is an understandable interest in the operation of this new phenomenon… more

Federal Circuit Brings More Clarity to Rules Governing Proper Venue for Patent Cases

For years, the Eastern District of Texas has been the most popular forum for patent cases because it has generally been viewed to have patentee-friendly juries, judges, and procedures. But recent rulings from the Supreme Court (TC… more

Is There a Silver Lining with Hurricane Irma?

On September 10-11, 2017, Florida was pounded by Hurricane Irma. It appears that only northwest Florida was spared the wrath of this storm. Landfall occurred near Cudjoe Key in south Florida and for the next 24 hours the storm crawled… more

Antitrust Division to International Community: “Imperative that Competition Agencies Work Together”

For several years, the Antitrust Division’s investigations have been increasingly global in scope. Acting Assistant Attorney General Andrew Finch made clear that trend will continue in remarks at a conference on International… more

Construction E-Note - September 2017

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s… more

OIG Advisory Opinion 17-03 Approves Pharmaceutical Manufacturer's Product Spoilage/Replacement Program

A pharmaceutical manufacturer proposing to offer customers – at no additional cost – replacements for certain spoiled products that can no longer be administered to patients (Replacement Program) has been granted approval by the U.S… more

Assessing Drone Industry Successes & Challenges as the FAA's Small Commercial Drone Rule Turns 1

The Federal Aviation Administration's ("FAA's") Part 107 rule for small commercial drone operation, effective as of August 2016, has now been up and running for over a year. In light of this milestone, the FAA recently took the… more

Limiting water depletion in water stressed South Africa through sustainable construction activities

The South African construction industry is known to be a major consumer of non-renewable resources. Naturally, this contributes to waste generation, air pollution, water deletion and landfill. One such example is the extensive… more

City of Newton’s Drone Ordinance Overturned by Federal Judge

Last week, a federal judge in Massachusetts ruled that the City of Newton’s drone ordinance, which attempted to regulate drone flights in the airspace over Newton, Massachusetts could not be enforced by the municipality because it is… more

China moves to limit activities relating to ICOs and Cryptocurrencies: game over or level up?

On 4 September 2017, the People's Bank of China ("PBOC") and six other government agencies issued the Statement on Preventing the Risks of Fund Raising through Initial Coin Offerings (the "ICO Statement"), declaring that fundraising… more

FTC launches military task force webpage

The FTC has launched a new page on its website dedicated to its Military Task Force. According to the FTC, it created the Task Force “to focus on identifying the particular needs of military consumers and developing initiatives to… more

Presidential Proclamation Sets New Restrictions on Travel to the United States

Seyfarth Synopsis: Country-specific travel restrictions will impact nationals of Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea, and Venezuela… more

Expedia targeted once again by the French

Following the French Economy Minister’s claim against Expedia in 2013, the Paris Court of Appeals, by decision dated 21 June 2017, heavily fined this Online Travel Agency (OTA), considering that certain provisions in the contracts… more

Federal Jury Awards Amgen $70M In Patent Suit Against Hospira

On September 22, 2017, a Delaware federal jury found that Hospira infringed one of Amgen’s Epogen® (EPO) patents. Hospira maintained that its production of EPO was protected by the safe harbor of 35 U.S.C. § 271(e)(1) which allows for… more

Data Processor GDPR Checklist

A major change with the GDPR is that data processors now have direct legal obligations under EU privacy law. This is a significant shift from the current EU Directive which only directly obligates the data controllers. Non-compliant… more

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