Latest Updates

Neste Announces Renewable Jet Fuel To Be Used At Genève Aéroport

On September 13, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced it is collaborating with Genève Aéroport to make flying more sustainable. Neste will be providing renewable jet fuel for… more

Managed Care Quarterly Review: Issue 1

Tips for Managing Large Claims Disputes Part 1: Pre-Litigation Avoidance and Early Litigation Strategies - Large claims disputes brought by providers against payers are on the rise. Based on previous experience with dozens of these… more

New Board Member Kaplan Sides With Pearce In First NLRB Decision

In what appears to be the first time he has participated in a National Labor Relations Board decision, new NLRB Member Marvin E. Kaplan, a Republican, has voted to deny an employer’s request to stay an election. He voted with Democrat… more

Beauty School Students Are “Dropouts” From The FLSA According To Seventh Circuit

In the movie “Grease,” there is a song entitled “Beauty School Dropout,” sung by Frankie Avalon. Well, in a legal version of that number, the Seventh Circuit has affirmed that beauty school students have, sort of, dropped out of the… more

Todd Walters Participates in Fireside Chat with Chief Judge of PTAB

On Tuesday, September 12, 2017, the Patent Trial & Appeal Board (PTAB) conducted a special “Boardside Chat” webinar with Chief Judge David Ruschke. Todd Walters represented the American Bar Association Intellectual Property Law Section… more

DOE Studies Impact Of Drought On Biomass Products

Researchers from the U.S. Department of Energy (DOE) have linked changes in rainfall and other environmental stressors during crop growth to potential deleterious effects on biofuel production. The study demonstrates that the effect… more

Menu Labeling Litigation Between the FDA and Public Interest Groups May Be On Hold

Following the announcement that the Food and Drug Administration (FDA or Agency) had decided to delay the compliance deadline for the menu labeling regulations, two public interests groups sued the FDA over the decision seeking to have… more

Good Housekeeping Tips Every 401(k) Plan Sponsor Should Follow

Good housekeeping isn’t just about keeping your house clean, it’s about keeping everything in order. When it comes to being a 401(k) plan sponsor, good housekeeping isn’t about dusting and putting baking soda in the refrigerator. Good… more

PTAB Designates as “Informative” Expanded PTAB Panel Decision Adopting the Seven NVIDIA Factors For Evaluating Follow-On Petitions

The PTAB’s Chief Administrative Patent Judge and Deputy Chief Administrative Patent Judge joined an expanded PTAB panel that adopted the seven NVIDIA factors and denied institution of the Petitioner’s follow-on petitions in General… more

EEOC Sues IHOP Chain for Sexual Harassment and Retaliation

Chain of Franchises Subjected Employees to Sexual Harassment and Retaliation, Federal Agency Charges - LAS VEGAS, Nev. - Several franchisees of the popular IHOP restaurant chain in Nevada and New York violated federal law when they… more

California Court Tosses Challenge to Gap Outlet Labels

In a victory for outlet retailers, a California appellate panel recently tossed out a deceptive marketing and advertising suit against Gap… more

Air Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Rubber Products Manufacturing Facility Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) and Alliance Rubber Company (“ARC”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No… more

Federal Circuit Upholds $112 Million Win for Knobbe Martens Client CardiAQ

On September 1, the U.S. Court of Appeals for the Federal Circuit affirmed a $112 million win for Knobbe Martens client CardiAQ in its trade secret misappropriation case against former service provider Neovasc. A three-judge panel… more

Seasoned Litigator Nominated to Replace Commissioner Robinson and Establish Republican Majority at CPSC

Yesterday, President Trump announced his nomination of Dana Baiocco to be a Republican Commissioner on the Consumer Product Safety Commission. If confirmed, Ms. Baiocco would take the seat of Commissioner Robinson, whose term expires… more

PTAB Grants Rare Rehearing Due To Insufficient Evidence Of Obviousness

In Coalition For Affordable Drugs VI, LLC v. Celgene Corp. (2015-01096, -01102, -01103), the PTAB granted Patent Owner Celgene’s request for rehearing of a final written decision that had found the challenged claims invalid for… more

Gulf Logistics Operating Sued For Disability Discrimination By EEOC

Vessel Company Discharged Deckhand With 'Situational Depression' Because It Perceived Him to be Disabled, Federal Agency Charged - NEW ORLEANS -- An oil and gas vessel company doing business in the Larose, La., area violated… more

FY2019 Diversity Lottery Instructions Are Now Available

The U.S. Department of State has announced that registration for the 2019 Diversity Immigrant Visa Program (DV-2019), also known as the Green Card Lottery, will commence at noon, Eastern Daylight Time (EDT), Tuesday, October 3, 2017… more

Court Adds Some of the Custodians Requested by Plaintiffs to Discovery, But Not All: eDiscovery Case Law

In Mann, et al. v. City of Chicago, et al, Nos. 15 CV 9197, 13 CV 4531 (N.D. Ill. Sep. 8, 2017), Illinois Magistrate Judge Mary M. Rowland granted in part and denied in part the plaintiffs’ Motion to Compel the defendant to include… more

EEOC Sues Rosebud Restaurants for Sexual Harassment and Retaliation

Server Was Sexually Harassed and Fired After Complaining About Harassment and Racial Slurs Against African-Americans, Federal Agency Alleges - CHICAGO - Chicago company Rosebud Restaurants violated federal civil rights laws by… more

Deadlines Approach for Government Contractors on Cybersecurity Compliance

Government contractors are subject to cybersecurity requirements, found in the Federal Acquisition Regulation (FAR) and each agency’s supplement to the FAR, and some important deadlines are fast approaching. Set forth below is a… more

Greenhouse gas emissions trading schemes: A global perspective - Canada

Ontario and Québec lead the way in developing trading schemes - Canada's federal government recently entered into an agreement with eight Canadian provinces and three Canadian territories that is likely to accelerate the development… more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In In Re Cray, the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is “a regular and established place of business.” In First… more

EEOC Alleges Wood Group Refused to Hire Worker Because of His Disability

Global Offshore Company Refused to Hire Offshore Worker Because of Diabetes, Federal Agency Charged - NEW ORLEANS - Wood Group PSN, Inc., a global company which provides operations and maintenance to the oil, petrochemical and gas… more

Clean Water Act Jurisdiction/Groundwater: National Association of Clean Water Agencies Amicus Brief

The National Association of Clean Water Agencies (“NACWA”) joined a number of organizations in filing an Amicus Brief on September 8th with the United States Court of Appeals for the Fourth Circuit in the case styled Upstate Forever… more

Is a Business Tax Reform Game Plan Beginning to Take Shape?

Substantial tax reform is underway and the business community is intently awaiting details of this activity with the aim of positioning themselves to maximize opportunities and minimize any costs or risks that reform may present. How… more

Don’t Fall for a Scam: Trademark Owners Targeted

Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the United States Patent and Trademark Office (USPTO) database and contact these owners offering… more

Medtronic Receives Regulatory Approval for Surgical Navigation Device

According to Medtronic news release, the company recently received 510(k) clearance from the U.S. FDA and a CE mark from the E.U. for its StealthStation™ ENT surgical navigation system. The system will assist surgeons performing… more

CAFC Issues Writ of Mandamus reversing Eastern District of Texas 4-Factor Test for a “Regular and Established Place of Business” Under §1400(b)

In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier decision… more

Insurance Broker Series: Gardner Jones, ABD Insurance and Financial Services

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of insurance… more

EEOC Sues Rivers Casino for Firing Employee Who Needed Time Off for Cancer Treatment

Casino Violated the Americans with Disabilities Act by Refusing Time Off for Cancer Surgery, Federal Agency Charges - CHICAGO - Rivers Casino in Des Plaines violated federal law prohibiting disability discrim­ination by denying an… more

Footlong Litigation to Continue, Despite Settlement Dismissal

The saga over Subway’s “footlong” sandwiches will continue, a group of former plaintiffs vowed in a court filing after the U.S. Court of Appeals for the Seventh Circuit threw out a settlement agreement between the parties… more

Beware of Prior Act Exclusions and Retroactive Dates When Procuring or Renewing Coverage

An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as directors’ and… more

Examination of Vegetation Management Requirements for Electricity Assets Located on Federal Lands: September 19th U.S. Senate Committee on Energy and Natural Resources Hearing

The United States Senate Committee on Energy and Natural Resources held a hearing titled - To Examine Vegetation Management Requirements for Electricity Assets Located on Federal Lands - The hearing was also scheduled to hear… more

UK Tax Round Up - September 2017

UK Tax News and Developments - Finance (No 2) Bill 2017 - The second Finance Bill of 2017, known as Finance (No 2) Bill 2017, has now been published. As expected, this contains most of the provisions which were dropped from the first… more

Canada introduces reporting mechanism for dangerous counterfeit goods, helping rights holders protect their brands at the border

Recently, the Canada Border Services Agency (CBSA), the federal organization responsible for policing Canada’s borders, issued a Customs Notice (CN17-27) to advise the public and rights holders that its 24/7 “Border Watch” hotline now… more

Awful Missouri Venue and Warnings Opinion Affirmed—But Maybe Some Hope

Hope springs eternal. At least that is what the optimists say, and while we would like to see the bright side of the Missouri Supreme Court’s split opinion on venue in Barron v. Abbott Laboratories, Inc., No. SC 96151, 2017 WL 4001487… more

Currents - Energy Industry Insights - September 2017#3

Trump is Still Pulling Out of Paris Agreement, Despite Chatter of a Reversal, Experts Say - "President Donald Trump is unlikely to reverse his position to pull out of the Paris climate agreement, despite the White House line that he… more

SEC Issues Risk Alert on the Most Frequent Advertising Rule Compliance Issues and Use of Accolades in Advertisements

I. Advertising Rule Compliance Issues - On September 14, 2017, the staff of the SEC's Office of Compliance Inspections and Examinations (OCIE) issued a National Examination Program Risk Alert on the most frequent advertising rule… more

Doctrine of Equivalents and Prosecution History Estoppel Around the World

Please see full Doctrine of Equivalents Chart for Countries around the World… more

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National Association of Clean Water Agencies Webinar Presentation

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law… more

[Video]Mentoring a Marketing Department to Success - Market Leaders Podcast with Trish Lilley, Fox Rothschild LLP

Join David Ackert as he interviews Trish Lilley, Chief Marketing & Business Development Officer at Fox Rothschild LLP, in this episode of the Market Leaders Podcast. Tune in to hear David and Trish discuss: - How Trish handled the… more

The Grinch loses and protection of parody wins

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on the… more

H-1B Premium Processing Resumed

On September 18, 2017, USCIS resumed premium processing for all H-1B visa petitions that are subject to the FY2018 annual cap… more

EEOC Sues Driven Fence for Race Harassment

Melrose Park Company Created a Hostile Work Environment, Including a Noose Display, Federal Agency Charges - CHICAGO - Driven Fence, a Melrose Park fence installation company, created a hostile work environment consisting of racial… more

Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

Ocwen Financial Corporation (Ocwen) is one of the country’s largest nonbank mortgage loan servicers, and it has had its hands full the last six months. On April 20, the Consumer Financial Protection Bureau (CFPB) filed an enforcement… more

Financial Regulatory Observer - September 2017: How state aid survived the Italian banking crisis

There is much to admire in the EU's handling of the Italian banking crisis, but in allowing two lenders to escape BRRD rules, it has raised questions on the consistency of the EU state aid and resolution framework… more

Maryland’s New Enhanced Underinsured Motorist Coverage Law: How it will affect consumers, producers and insurance companies

In 1975, Maryland, recognizing the importance of protecting victims of uninsured or underinsured motorists, began requiring that every private automobile insurance policy issued, sold or delivered in Maryland contain uninsured motorist… more

The Preemption Defense to Flood Insurance Claims Under the National Flood Insurance Program

According to Lloyd’s of London, which helped to reinsure the National Flood Insurance Program (NFIP) for more than $1 billion seven months before Hurricane Harvey, the storms in Texas and Florida may result in damage amounting to $150… more

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of D&O and E&O… more

Pay Ratio Compliance is Around the Corner; Is Your Company Ready?

For two years, the pay ratio rule has loomed in the distance with uncertainty regarding its fate. On September 15, 2017, in remarks made at the ABA’s Business Law Section Annual Meeting, William Hinman, Director of the Division of… more

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