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Blog: High Court Supports SFO Bid To Obtain Documents Claimed As Privileged

In a landmark ruling on 8 May 2017, the High Court ordered that the Eurasian Natural Resources Corporation (“ENRC”) should hand over to the SFO documents prepared during an internal investigation, despite the fact that the documents… more

[Video]Compliance into the Weeds-Episode 39, Disclosure of Ransomware Attacks

In this episode Matt Kelly and I take a deep dive into the question of whether a company has a duty to disclose ransomware attacks. We consider it from the regulatory, legal, ethical, law enforcement, business, PR and some other… more

European Commission to Publish CMU Midterm Review on June 7, 2017

On May 18, 2017, Ugo Bassi, Director of Financial Markets, European Commission DG FISMA, confirmed that the Commission will publish its midterm review of the capital markets union (“CMU“) on June 7, 2017. Mr. Bassi stated that the… more

Trillion Dollar Infrastructure Investment Watch: “Parameters,” But Not Full Plan to be Released this Month

Despite bi-partisan agreement on the urgency to invest in the nation’s infrastructure to meet fast growing demands on our roads, railroads and waterways, there has yet to materialize a bi-partisan framework for funding and implementing… more

110th Tennessee General Assembly Session Ends for 2017

The Tennessee Legislature completed its first session of the 110th General Assembly this Wednesday. The flag flying over the Capitol, signifying the body is in session, was taken down. The General Assembly will reconvene on January 9… more

The Crash of the Rocket Docket: Supreme Court Drastically Changes Where Patent Infringement Cases Can Be Filed

On May 22, 2017, the Supreme Court issued a unanimous decision in TC Heartland LLC v. Kraft Foods Group Grands LLC. At issue was whether Kraft Foods selected the proper venue for suing TC Heartland for infringement. TC Heartland… more

Court Holds Forensic Investigator’s Report is Protected from Disclosure

Third-party forensic investigations performed at the direction of counsel are part-and-parcel of virtually every data breach. There has been little case law, however, directly addressing the extent to which the attorney-client… more

Still No Clarity on Data Protection on Websites: EU ePrivacy Regulation Will Not Come Into Force by May 2018

The Council of the European Union (“Council”) has predicted that the ePrivacy Regulation will not come into force by 25 May 2018. The ePrivacy Directive (Directive 2002/58/EC) will, therefore, continue to apply. The new European… more

“If at First You Don’t Succeed…” - Shareholders Keep Trying to Sue D&Os for Data Security Breaches

Several high-profile lawsuits have been filed in recent years by shareholders seeking to hold corporate officers and directors liable for damage resulting from data security breaches. For example, directors and officers at Target… more

Timing Is Everything: District Court In New York Approves CAFA Removal Two Years After Case Filing

In a somewhat unusual ruling, a New York federal court denied an unpaid intern’s attempt to remand a putative wage-hour class action against Oscar de la Renta to state court even though the case was removed to federal court under the… more

Supreme Court Rejects FDCPA Claim Based on Filing Time-Barred Bankruptcy Claim

This week, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017), holding that a debt collector does not violate the Fair Debt Collection Practices Act (FDCPA) by filing an… more

Popcorn Makers Fight Over Use of “Skinny”

Last month, snack food company Snyder’s-Lance filed a declaratory judgment action in North Carolina against Amplify Snack Brands and its SkinnyPop popcorn. Hours later, Amplify brought suit against Snyders-Lance in Texas, alleging… more

U.S. Department of Labor Begins Process To Rescind Obama Administration’s “Defective” Persuader Rule Overhaul

Secretary of Labor Alexander Acosta has formally initiated the process for rescission of the 2016 DOL regulations narrowing the “advice exemption” to the LMRDA’s so-called “persuader rule.” The Office of Management and Budget’s website… more

Impact of New Gender Pay Gap Reporting in the UK

Last month saw the coming into force of important new employment legislation in the UK, the Gender Pay Gap Regulations 2017 (“the Regulations”). In this article, we explain the reason for this new legislation and what it is… more

What Am I Doing Wrong?? Common FMLA Mistakes.

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eighth in a monthly series highlighting some of the more common mistakes employers can inadvertently… more

Basquiat Painting Sells For $110.5 Million At Sotheby’s Auction And Sets A Number Of Records

In recent art news, a vibrant painting of a skull, “Untitled” (1982), by the late artist Jean-Michel Basquiat sold for $110.5 million at Sotheby’s last Thursday evening and earned the distinction of becoming the sixth most expensive… more

Back to Basics: Share Your Feedback Across the Firm

One of my first clients asked me to analyze the firm’s client feedback research and make recommendations about the program. They sent me several binders of really robust client feedback about their firm. The interviewers had done a… more

FAR 52.204-21 And The Future Of Federal Cybersecurity Enforcement

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in Federal… more

New Regulations to Implement Cybersecurity Law of China

Since the Cybersecurity Law of China will take effect on June 1, 2017, the Chinese government has issued multiple regulations related to the implementation of this law, including the rules regarding the cross-border data transactions… more

Drill on Through to the Other Side: No Trespass When Drilling Through Mineral Estate with Surface Use Agreement

Action Item: The Texas Supreme Court annunciated two critical points in Lightning Oil Co. v. Anadarko E&P Onshore: (1) unauthorized interference may be a trespass only when it impacts the mineral lessee’s ability to exercise its rights… more

Capitol Hill Healthcare Update

Congress’s official budget scorekeepers this week will release analysis of the House-approved bill repealing most of the Affordable Care Act (ACA), and that data will inform Senate Republicans on a path for passing their version of the… more

Third Appellate District Holds Right to Repair Act Precludes Certain Common Law Claims for Damages Caused by Construction Defects

In Gillotti v. Stewart (No. C075611, filed 4/26/17, publication order 5/18/17), the California Court of Appeal for the Third Appellate District held that the Right to Repair Act, Civil Code section 895, et seq. (the “Act”) precludes… more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain Electronic… more

California Federal Court Upholds $8 Million Jury Verdict In Former General Counsel’s Whistleblower Lawsuit

Recently, a California federal court denied the defendant–employer’s motion for a new trial, upholding the jury’s $7.96 million verdict finding that the Company terminated its former general counsel for reporting alleged Foreign… more

PTAB Invalidates Patent for Blockbuster Drug HUMIRA®

The PTAB issued a Final Written Decision in Coherus BioSciences Inc. v. AbbVie Biotechnology Ltd., IPR2016-00172 (P.T.A.B. May 16, 2017) finding claims 1-5 of U.S. Patent No. 8,889,135 (“the ‘135 patent”) unpatentable… more

Complete Revision of German Securities Trading Act Passed German Parliament

On 30 March 2017, the German Parliament (Bundestag) finally approved a complete revision of the German Securities Trading Act (Wertpapierhandelsgesetz) as part of the Second Financial Markets Reform Act (2… more

Failure to Provide an Unconditional Covenant Not to Sue Kept Case and Controversy Alive

In ArcelorMittal v. AK Steel Corp., [2016-1357] (May 16, 2017), the Federal Circuit affirmed the summary judgment invalidating claims 24 and 25 of U.S. Patent No. RE44153… more

FOIA and Public Records: IHSA 3, BGA 0

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the Illinois High… more

Employers: Are You Ready for a Cyberwar? Attackers Using Ransomware are Saying Show Me Your Bitcoin!

Recently, the WannaCry ransomware attack impacted 150 countries and over 300,000 computers. Not all ransomware attacks are so massive but they all are fast moving and require swift action to prevent destruction and lose of data. In… more

Compliance Lessons for Executive Leadership from The Wells Fargo Investigation Report

Compliance lessons from truly one of the most damning reports of complete corporate failures around ethics and culture that has recently been seen… more

Protecting Intellectual Property from Employee Theft

Business owners who, after an employee dispute or after terminating an employee, have been the victims of intellectual property theft often contact us. Often, the solutions to this problem can be incredibly costly. Here are some quick… more

Attorney Billing Records Not Categorically Protected by California Attorney-Client Privilege

Holland & Knight issued an alert in June 2015, written by Allison Martin Rhodes and Craig S. Weinstein, regarding an earlier California Court of Appeal ruling in this case. This alert provides an update after a December 2016 decision… more

To Gate or Not To Gate — Should You Give Away Your Whitepaper or e-Guide?

We’ve all experienced this before: we visit a website, and a pop-up showcases a whitepaper or e-Guide that we can download or have emailed to us if we provide our first name and e-mail address. This is how most businesses use content… more

FCA Announces Review on Availability of Information Before IPO

May 2017 On 1 March 2017, the FCA published a consultation paper proposing a number of policies aimed at improving the information made available to investors during the initial public offering ("IPO") process. The paper also includes… more

Manufacturing Matters May 2017

As mentioned in the last issue of Manufacturing Matters, “Smart Manufacturing”, including automation, is gaining momentum. A number of leading global manufacturers have already adopted it, and according to The Annual Manufacturing… more

Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous 8-0… more

Supreme Court Restricts Where Patent Cases Can Be Filed

TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, ??2017)? - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the ?Supreme Court rules that a defendant “resides” for… more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was confronted with a… more

Supreme Court Alters the Landscape of Venue for Patent Infringement Litigation

On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation. The Supreme Court… more

CMS Urged To Reverse Obama-Era Biosimilar Reimbursement Policy

A bipartisan congressional effort is underway to convince CMS to reverse its biosimilar reimbursement policy implemented under the Obama administration. We discussed the current reimbursement policy in a March 2016 blog post when CMS… more

U.S. Supreme Court Upends Nearly 30 Years of Patent Venue Law

Yesterday, the U.S. Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC officially reinstating a more restrictive standard for where patent holders can file patent infringement… more

Keeping pace with global trends in debt restructuring: Indonesia must act

In the past year, the global corporate default rate reached its highest level since the 2008 financial crisis, and continues to climb. In response, both Singapore and the European Union are exploring new approaches to debt… more

The Neutral Corner: Using Forensic Neutrals in Trade Secret Disputes

by JAMS

The dirty secret of trade secret disputes is that even if you win, it can be difficult to get back to where you started. It’s like closing the stable door after the horses have run off with trade secret disputes. A court or arbitration… more

President Trump's Executive Order on Cybersecurity

On May 11, 2017, President Trump signed a long-awaited Executive Order that aims to bolster the cybersecurity of federal networks and critical infrastructure. In an effort to fulfill the President’s promise to get “tough on cyber,” the… more

CFPB Hits Student Loan Servicer With Lawsuit

The Consumer Financial Protection Bureau (CFPB) has sued a major student loan servicer as detailed by the complaint filed in Pennsylvania federal court… more

SCOTUS: Supreme Court Limits Venue Where Patent Suits Can Be Filed

On May 22, 2017, in TC Heartland LLC v. Kraft Food Brands Grp. LLC, 581 U.S. ___ (2017), the Supreme Court reversed a long-standing practice permitting venue over domestic corporations to be had wherever the court had personal… more

New rules on energy and fuel distribution contained in the bill of law for the market and the competition

Energy attracts the attention of the bill of law for the market and the competition (in Italian DDL Concorrenza or DDL). The text revised by the Senate has been passed, on 3 May 2017, ONto the Chamber of Deputies for its final… more

Third Circuit Widens the Circuit Split on Late-Filed Tax Returns

The Court of Appeals for the Third Circuit has joined the Fourth, Sixth, Seventh, Eighth, and Eleventh Circuits in employing a four-part test to determine whether debt associated with a late-filed tax return is dischargeable under… more

Supreme Court Changes the Landscape of Patent Litigation

For decades, accused infringers have been hailed into venues across the country where they have little or no presence. The rationale applied for justifying venue in such cases has been that the term “resides” as used in the patent… more

The EU's and UK's negotiating priorities for Brexit - ten things businesses need to know

On 22 May 2017 the EU adopted its negotiating Directives setting out how it will negotiate the UK’s withdrawal from the EU. It is expected that formal negotiations will start soon after the UK general elections on 8 June. This, in… more

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