Latest Updates

Europe: Blockchain – The virtual currency Bitcoin

Whoever thinks of blockchain also has inevitably bitcoins in mind. The Internet currency is largely based on the blockchain technology and it is therefore one of the most obvious fields of application for this technology, to which we… more

SoFi Withdraws U.S. Banking Application

We previously reported on Social Finance, Inc.’s application for an industrial loan company (ILC) charter. That is now over, at least for the time being. On Friday, October 13, the online lender announced it is withdrawing its… more

Top Five Labor Law Developments For September 2017

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S. Court of… more

Sexual Harassment in the 21st Century

In the wake of the Harvey Weinstein scandal, there has been a social media "Me Too" movement where women have been asked to post "Me Too" if they have ever experienced sexual harassment or intimidation in the workplace. The response… more

ICE Director Confirms Significant Increase in Workplace Immigration Enforcement

Thomas Homan, Acting Director of U.S. Immigration and Customs Enforcement, said his agency has plans to increase workplace immigration enforcement. In a speech to the Heritage Foundation in Washington, D.C. on Tuesday, Homan confirmed… more

Energy Storage Handbook

As of today, approximately 800 MW of advanced energy storage technologies have been deployed in the United States, with nearly all of that capacity coming online in the last decade. New technologies, use cases, and storage-friendly… more

GDPR Goes into Effect Next Year; Is Your Privacy Program Ready?

You and your company may be located in the United States, but if any of your employees or customers are citizens of European Union (EU) member states, the EU will soon have a say in the collection, processing, storage, transfer, and… more

You Can’t Change That: FDA Reiterates Risk of Delegating Responsibility in Quality Agreements

In the span of three weeks, the Food and Drug Administration issued Warning Letters to two dietary supplement companies, in part, for relying, to their detriment, on quality agreements. We discussed another similar Warning Letter in a… more

India Stainless Steel Bar:  Commerce Reinstates Viraj and Venus Back Under Antidumping Duty Order

On October 18, 2017, the U.S. Department of Commerce published its preliminary determination that two Indian bar producers, Viraj Profiles Ltd. (“Viraj”) and the Venus Group (Venus Wire Industries Pvt. Ltd. and its affiliates Hindustan… more

Early Victory: Judge Dismisses Qui Tam Suit Against UnitedHealthcare

On October 5, 2017, in United States of America ex rel. Swoben v. Scan Health Plan, et al. (“Swoben”), Judge John F. Walter of the United States District Court for the Central District of California granted United Health Group, Inc.’s… more

For the First Time, PTAB Extends One-Year Period to Issue Final Written Decision

By statute, the Patent Trial and Appeal Board (PTAB) is required to issue a final written decision within one year of the date on which an inter partes review (IPR) is instituted. 35 U.S.C. § 316(a)(11). However, Congress granted the… more

Did I Forget the “Dam” Licence? A Primer on B.C.’s Regulatory Power Over Water Storage Facilities

Should waves of concern wash over British Columbia after the Canadian Centre for Policy Alternatives sent a letter to the B.C. Environmental Assessment Office claiming nearly 60 unlicensed dams were built in northeast B.C. to store… more

New York State Releases Paid Family Leave Certification Forms

The New York State Workers’ Compensation Board (“WCB”) has just released the long-awaited Paid Family Leave (“PFL”) forms. There is a general application form (PFL-1), as well as various certification forms depending on the type of… more

Back in the Spotlight: The Affordable Care Act Again Takes Center Stage

After a brief lull in activity, recent developments are likely to involve all three branches of government in addressing issues under the Affordable Care Act… more

Aging Truck Drivers Face Medical Conditions that Reduce Roadway Safety

Aging commercial truck drivers face medical conditions that create safety hazards for themselves and other drivers. The physical and mental exhaustion associated with trucking can negatively impact many age-related conditions… more

ISO 37001: Risk Assessments, Employees, and Due Diligence Requirements (Part IV of V)

In Part IV of my series on ISO 37001, I examine requirements relating to risk assessments, design of policies and procedures, and due diligence requirements. Section 4.5 sets out requirements for conducting risk assessments. ISO… more

Medtail: Why Your Doctor Is Treating You in a Strip Mall

The retail universe is well aware of the hype that it is only a matter of time until brick and mortal retail succumbs to its online competitors. However, despite the “doom and gloom” we generally see in headlines, retail has actually… more

Tax Relief for Victims of Natural Disasters

Losing a loved one, a home, or a livelihood due to a natural disaster is among the worst things that can happen to a person. And the last thing you should be worrying about in times of crisis is your tax bill… more

[Video]Day 14 of One Month to More Effective Compliance for Business Ventures-Auditing Joint Ventures

Joint ventures provide many FCPA risks that other types of business relationships do not bring. For instance, the joint venture may interact with foreign government officials or employees of a state-owned enterprise; then leverage… more

[Video]Nonprofits and Millennials

This podcast will address how your nonprofit organization can engage millennials as donors and volunteers by Ivy Schneider. Ms. Schneider is president of Helix Strategies LLC, which operates under the umbrella of McNees Wallace &… more

[Video]Across the Board-Episode 8, Linda Justice on Branding at the Board

In this episode, I visit with branding expert Linda Justice. We discuss the role of a Board of Directors in corporate branding. We discuss ‘what is branding?’ Perception of a company? The customer experience? The stakeholders’… more

SEC Proposes Rules to Modernize Regulation S-K Disclosure Requirements

During an open meeting on October 11, 2017, the Securities and Exchange Commission (SEC) voted to propose amendments to modernize and streamline the disclosure requirements for public companies, investment advisers, and investment… more

New York City Council Expands Earned Sick Time Law To Include Safe Time

New York City’s Earned Sick Time Act (also known as the Paid Sick Leave Law) will require employers to allow employees to use paid time off for “Safe Time” under an amendment (Int. 1313-A) passed by the New York City Council on October… more

Trump's "Travel Ban 3" Is Blocked By Federal Court In Hawaii

Legal commentators suggested that the third version of the Trump travel ban, the September 24 Proclamation, would be harder to challenge because the Proclamation was issued after a government review as to which countries met the… more

Courts Use Rule Language and Common Sense to Expand Work Product Protection: Part I

Unlike the common law-dominated attorney-client privilege which developed organically in each state, work product protection comes from court rules. One might think that this would simplify courts' application of that protection, but… more

California Updates Its Harassment Prevention Training Requirement (SB 396)

What a year it has been for harassment claims. The biggest year in the 22 years I have been practicing law. It seems that every day there is a big new headline, and someone else powerful losing their job over harassment allegations… more

The Federal Circuit Explains Admissibility of Post-Priority Date Evidence Regarding Written Description and Enablement Proofs

Is post-priority date evidence admissible as relevant to determining whether a patentee has complied with the written description requirement? What about for enablement? Recently, the Federal Circuit answered those questions in the… more

Are You Being Served? Better Follow the Hague Convention

Serving judicial and extrajudicial documents abroad involves a complex patchwork of domestic legislation and international treaties. The recent High Court judgment in Marashen Limited v Kenvett Limited and Dmitry Ivanchenko has… more

Do You Have a Foreign Trust?

The answer in the litigation context may not be black and white because it requires a careful, analytical walk through the applicable sections of the Internal Revenue Code, the appropriate regulations and the nonexclusive examples… more

No contractual recourse against issuer for investor in bearer notes

Secure Capital SA v Credit Suisse AG [2015] EWHC 388 (Comm), 24 February 2015 and [2017] EWCA Civ 1486, 6 October 2017 - An investor in longevity notes had no right of recourse against the issuer for breach of contract as the notes… more

Return to Sender: Mail Tracking with Barcodes and URLs Found Not Patent Eligible

In Secured Mail Solutions LLC v. Universal Wilde, Inc., No. 16-1728 (Fed. Cir. Oct. 16, 2017), the Federal Circuit affirmed the lower court’s dismissal for failure to state a claim, finding that Secured Mail’s patents were directed to… more

Pumpkin Patches And Prices

This weekend, I did the quintessential fall activity – visited the pumpkin patch at our local Anderson Farms! The perfect way to spend a fall day; we even got a little lost in the corn maze before picking out the perfect pumpkin to… more

Evolution of Customs Audits and the Customs-Trade Partnership Against Terrorism: ISA Members Beware!

Since the advent of the Centers of Excellence and Expertise (CEE’s), US Customs and Border Protection (CBP) has moved its audit function to the Centers and is focusing on single issue audits rather than the focused assessments… more

Recap of Recent Oral Argument Before SCOTUS: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC

Last week, the U.S. Supreme Court heard oral argument in two significant cases: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC. In National Association of Manufacturers, the Court is being asked to determine… more

Court Of Chancery Decides It Will Determine Stock Validity In A Section 225 Case

Southpaw Credit Opportunity Master Fund L.P. v. Roma Restaurant Holdings Inc., C.A. No. 2017-0059-TMR (Oct. 13, 2017)- In a contest over who has been elected to a board of directors under Section 225 of the DGCL, it is sometimes… more

Blog: Treasury Report Recommends Actions To Increase Access To Capital

The Treasury Department recently issued a new report, A Financial System That Creates Economic Opportunities—Capital Markets, that, in its recommendations, not surprisingly, echoed in many respects the House’s Financial CHOICE Act of… more

Trump Track: EPA Sue and Settle Fix?

On October 16, 2017, EPA Administrator Pruitt issued a memo to his agency directing that managers take certain steps to curtail the practice known as “sue and settle.” This practice most often is used for relatively quick resolution of… more

EPA Extends Comment Period for Draft Guidance for Pesticide Registrants on Notifications, Non-notifications and Minor Formulation Amendments

On October 5, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice of extension of the comment period for the draft guidance Pesticide Registration Notice (PR Notice) 2017-XX: Notifications, Non-notifications and Minor… more

Court Of Chancery Interprets Credit Agreement And Declines To Consider Alleged Oral Modification

This decision interpreting a credit agreement’s terms is another reminder that an alleged oral modification to a written contract will not vary the contract’s terms when it has an integration clause and otherwise speaks to the subject… more

H.R. 3985 Calls For Public-Private Working Group to Study Medical Device Security

The “Internet of Medical Things Resiliency Partnership Act of 2017” was introduced in the House of Representative earlier this month. Co-sponsored by Rep. David Trott (R-MI) and Rep. Susan Brooks (R-IN), the bill would require… more

Georgia Court Of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic Or Material Contact Language

As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011. This law, however, does not address employee… more

Federal Circuit Shifts Burden of Demonstrating Patentability for Amended Claims in Post-Grant Proceedings

Since the enactment of the America Invents Act (AIA), the USPTO’s Patent Trial and Appeal Board (PTAB) has required patent owners to bear the burden of proving the patentability of substitute claims in post-grant motions to amend. In… more

SEC Investor Advisory Committee Considers Blockchain Technology and Securities Markets

On October 12, 2017, the U.S. Securities and Exchange Committee (“SEC”) held an Investor Advisory Committee (“IAC”) meeting to consider, among other things, blockchain technology and the implications for securities markets. The meeting… more

PTAB Designates as Precedential General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha Decision on Serial Petitions

Today the PTAB designated part of its decision in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017) as precedential. In Section II.B.4.i of the decision—the only portion… more

New California Law Prohibits Employers From Asking Applicants About Salary History

Beginning January 1, 2018, California employers will no longer be able to ask job applicants about their salary history. California joins a small but growing group of states and cities that have enacted similar measures, including New… more

Determining Whether There Has Been Undue Influence

The presumption of undue influence when the evidence demonstrates that a person in a confidential relationship with a grantor or testator of weakened intellect receives a substantial portion of the grantor/testator’s property is… more

EPA Releases Quick Guide for Registering Disinfectant Products for Drinking Water Use

On October 17, 2017, the U.S. Environmental Protection Agency (EPA) issued a “Quick Guide for Disinfectant Products for Drinking Water Use by Public Water Systems” (Quick Guide) which it states was developed “in response to requests to… more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 4 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and… more

Intern Or Employee? When “Take Your Children To Work” Day Backfires

In late April each year, tens of millions of employees and millions of employers participate in Take Your Sons and Daughters to Work Day. Of course, the vast majority of the child participants are elementary school kids, or perhaps… more

[Video]WATCH: What lies ahead for blockchain

Maya Zehavi from QED-it looks at what blockchain might come into production and whether it will be worth all the hype… more

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About Patrick Malone: Patrick Malone is a leading patient safety advocate and attorney who represents seriously injured people in medical malpractice lawsuits, product liability cases and other…

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