Latest Updates

Tips for Avoiding Disparagement of a Competitor

In the broadest sense, commercial disparagement involves advertising or other public statement including false or misleading information about a business that discourages consumers from buying from or dealing with that business. There… more

Appellate Court Upholds Preliminary Injunction and Issues Prior Restraint of Future Speech—A Rare Outcome That Challenges Long-Standing First Amendment Jurisprudence

In a recent decision upholding a prior restraint of speech, a New York appellate court ventured where few courts have tread in recent years. The opinion, which narrowed the lower court’s prior restraint, enjoined speech associating the… more

New Guidance in the Foreign Affairs Manual May Add Challenges to Visa Issuance at US Consular Posts Abroad

In August 2017, the U.S. Department of State made several revisions to the Foreign Affairs Manual (FAM) that are a direct result of the “Buy American and Hire American” Executive Order (EO) 13788, which the president signed on April… more

Client Alert: North Carolina Court of Appeals Issues Important Opinion on Commercial Lease Guaranties

Is a personal guaranty a separate agreement from the underlying contract it guarantees? The North Carolina Court of Appeals recently considered this issue in Friday Investments, LLC v. Bally Total Fitness of the Mid-Atlantic, Inc.… more

Superintendency of Industry and Commerce establishes requirements for transforming the protection of an international trademark registration into a national application

The Office of the Superintendency of Industry and Commerce, by means of Resolution 46528 of 2017, established requirements for transforming the protection of an international registration in Colombia into a national application. In… more

3 Lessons from Federal Circuit Ruling on Computer Implemented Inventions

The fate of subject matter eligibility is far from certain today; however, there are a few application drafting takeaways from the Visual Memory case that can help in getting computer implemented inventions to allowance..… more

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity initiatives… more

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These events, which… more

Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit

In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges just… more

California Supreme Court gives PAGA plaintiffs broad right to employee contact information

On July 13, 2017, the California Supreme Court issued its decision in Williams v. Superior Court (Marshalls of California), holding that in a representative action brought by an employee under the state's Private Attorneys General Act… more

Suing The CEO For Social Activism Is Likely To Be Challenging Under Nevada Law

Yesterday’s post concerned asked the question whether shareholders can sue CEOs for social activism. The answer is of course, yes. The more interesting question is whether shareholders will win the suit. To answer that question, one… more

NYSDFS Upcoming Deadline Fast Approaching: First Key Date is August 28, 2017

On March 1, 2017, the New York State Department of Financial Services’ (“DFS”) first-in-nation Cybersecurity Regulations for the purpose of protecting consumers and financial institutions from cyber-attacks went into effect (the… more

New Sales Tax Exemption for Georgia Fine Arts Non-Profits

On August 21, 2017, the Georgia Department of Revenue released Policy Bulletin SUT-2017-07 providing a sales tax exemption for sales of tickets, fees, or charges for admission to certain fine arts performances or exhibitions at a… more

Operation Choke Point: Justice Department Announces Program’s End

This article is part of a continuing series on Operation Choke Point. The first article contains a more detailed overview of the history, origin, and evolution of Operation Choke Point and analyzes a still ongoing lawsuit filed in… more

Executive Order Reinforces Measures to Reform Infrastructure Project Review

On August 15, President Trump signed an Executive Order calling for streamlined federal review of major infrastructure projects. The Order applies to federal approvals for infrastructure projects in the following sectors..… more

Federal Appellate Court Enforces Terms of Use, Including Arbitration Provision, Entered During Mobile Application Registration Process

On August 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an important decision in a high-profile case against Uber Technologies that has broad implications for the enforceability of terms of use entered on mobile… more

UPC Scenarios Course: Case Studies on the New Unified Patent Court - Munich, 20 October 2017

This Autumn, the Forum Institut is holding a practical seminar entitled "UPC Scenarios: Case Studies on the New Unified Patent Court" in Munich, Germany… more

[Webinar] Renegotiating NAFTA, What's on the Table - September 6th, 1:00pm CT

The US, Mexico and Canada will engage in substantial negotiation to shape the terms in which the NAFTA region, (one of the most competitive regions in the world) will compete not only among themselves but with the rest of the world… more

Pennsylvania Federal Court Grants Motion To Dismiss Based On Lack Of Subject Matter Jurisdiction

Plaintiff RAD Manufacturing, LLC (“RAD”), a Delaware corporation with its principal place of business in Pennsylvania, and its insurer and reinsurer (as subrogees) brought an action in federal court in Pennsylvania against Advanced… more

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt

Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In Failla, the Eleventh Circuit held that a debtor who files a statement of intention to… more

SEC Charges Adviser With Deficient Controls

The SEC has in the past brought actions against political intelligence firms. One involved compliance procedures and required admissions as part of the settlement… more

EMA released new procedural guide for Multinational Assessment Teams

The European Medicines Agency (“EMA”) has released a procedural guideline for rapporteurs and coordinators participating in Multinational Assessment Teams (“MNAT”)… more

Ministry of Justice regulates the medical and scientific use of cannabis

Through Resolutions 577–579, issued on August 8, 2017, the Ministry of Justice has regulated matters relating to (i) the evaluation and monitoring of licenses for the seeding and cultivation of cannabis plants, (ii) the amount of the… more

New RAD Notice of Increase in Cap and Rent Setting

Our friends at NAHRO have alerted us that a new RAD notice will be issued tomorrow, August 23, 2017. The notice requires PHAs who already submitted a RAD letter of interest to preserve their spot on the wait list to submit a RAD… more

Reminder: Medical Providers Must Be Attentive to Credit Balances and Other Overpayments

It has now been a number of years since the enactment of Section 6402(a) of the Affordable Care Act ("ACA"), which requires among other things that any recipient of a Medicare or Medicaid overpayment report and return it within 60 days… more

Is your tenure valid?

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of mineral… more

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing… more

FFIEC issues new HMDA resubmission guidelines

As expected, the Federal Financial Institution Examination Council (FFIEC) member agencies issued new data resubmission guidelines under the Home Mortgage Disclosure Act (HMDA) effective for the 2018 data collection year. The change… more

Judge Carter Rules “Customers” Don’t Fit Within the “Customer Exception”

RegenLab USA LLC (“RegenLab”) is the exclusive licensee of U.S. Patent 8,529,957 (“the ’957 patent”) entitled “Cell Preparations for Extemporaneous Use, Useful for Healing and Rejuvenation In Vivo.” RegenLab , who markets and… more

Avoiding Management Struggles When it Comes to Data Breaches: Part 6

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing cyber-insurance… more

Can a Real Estate Agent be Liable for Injuries at an Open House?

Woodland Hills personal injury attorney Barry P. Goldberg is consulted more often than you might think by potential clients injured on the property of a home they were thinking about buying. It is a relatively common occurrence for… more

EC issues a new guidance concerning the safety features for Falsified Medicines

The European Commission has published a guidance concerning “Safety Features for medicinal products for human use” (Guidance). The Guidance is in the form of a “Questions and Answers” document. It is intended to facilitate the… more

Delaware Court of Chancery Extends Business Judgment Rule Deference to Controller Transactions Involving Third-Parties

On August 18, 2017, the Delaware Court of Chancery granted defendants’ motion to dismiss a class action brought by former minority stockholders of Martha Stewart Living Omnimedia, Inc. (“MSLO”) against Martha Stewart and Sequential… more

Smart Solutions for Smart Cities

Smart cities will fundamentally change the way we live in, move around and use the space within our urban environment.  They will also change the way in which real estate deals are transacted with creative solutions being required for… more

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber… more

Sandoz Announces Erelzi Launch in Canada

Yesterday, Sandoz announced the launch of its etanercept product, Erelzi®, in Canada. Erelzi is a biosimilar to Amgen’s Enbrel®, and is approved for the treatment of moderately to severely active rheumatoid arthritis in adults with or… more

Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates

Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of California… more

Case Report: Public Finance Implications of Trinity Lutheran Church of Columbia, Inc. v. Comer

In Public Finance, questions on separation of church and state usually arise in the context of a conduit financing by a state or local governmental entity which benefits a religious organization. The religious organization generally is… more

Back to School for ERISA Fiduciary Claims: How to Prepare for This Trend in University Litigation

In the past 10 years, there have been an increasing number of lawsuits asserting Employee Retirement Income Security Act of 1974 (ERISA) fiduciary claims. These have been accompanied by an increased focus by the Department of Labor… more

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes… more

The SEC Approves More Amendments to NYSE’s Notice Requirements

Back in September 2015, the New York Stock Exchange amended the NYSE Listed Company Manual to: ..expand the pre-market hours during which NYSE-listed companies must provide prior notice of material news, ..expand the… more

Charges of "Fake News" May Bring New Threats from Jury Verdicts

Alarmingly high defamation damages—such as Hulk Hogan's $140 million Florida verdict against Gawker and a broadcast network's reported $177 million settlement with a South Dakota beef producer—are disturbing recent developments for the… more

The FTC Data Security Settlement with Uber

The Risks of Overpromising and Underperforming - Demonstrating its authority over all things cybersecurity, the Federal Trade Commission (FTC) announced that it has entered into a proposed consent order with Uber for the company's… more

Too Much or Too Little: FDA Requests Comments on New Strategy Regarding Risk Information in DTC Ads

On August 21, 2017, FDA solicited comments in the Federal Register on a new potential approach regarding communicating risk information in direct-to-consumer (DTC) broadcast ads for prescription drugs and biologics that contain product… more

Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws

Ever since Connecticut allowed employees to obtain and use medical marijuana, employers have wondered whether, under certain circumstances, federal law would preempt the state law. A recent federal district court case has now answered… more

Game Over for Nestlé? Atari Sues Over “Breakout” Kit-Kat Ads

For most of us, video games and candy go together perfectly, but that doesn’t mean they always get along. In fact, last week the “original” video game company, Atari Interactive, sued food and candy behemoth Nestlé in California… more

[Video]Entrepreneur Minute: Join an Accelerator to Grow Your Business

Clint Crosby, Baker Donelson shareholder, encourages entrepreneurs to consider joining an incubator or accelerator to grow their business. Baker Donelson's Entrepreneur Minute features attorneys, entrepreneurs and business leaders… more

Business Litigation Reporter - August 2017

In This Issue - Though law firms have been handling litigation on behalf of corporate clients for decades, industrywide surveys continue to suggest that, in a significant portion of cases, these clients feel they are not receiving… more

News from Abroad -- Mexican Antitrust Authority Study on Generic Drug Entry -- On Patents and Marketing Authorizations -- Part II

In the first installment of this series, we outlined the general contents of the study published on August 9, 2017 by the Federal Commission for Economic Competition, highlighting that the Antitrust authority is calling for an overhaul… more

Update on Cost-Sharing Reduction (CSR) Payments and Graham-Cassidy-Heller Proposal

According to multiple media reports, the Trump administration will make CSR payments for August. President Trump has previously called these expenditures, which help insurers fund coverage for low income individuals, “bailouts” for… more

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