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Genentech v. Amgen: Amgen Seeks Dismissal Under Amgen v. Sandoz

As we previously reported, Genentech earlier this month filed a declaratory judgment action against Amgen. In this litigation, Genentech claims that Amgen has violated the patent dance provisions of the BPCIA by disclosing its aBLA for…more

If You Sue Facebook, What's The Likelihood You'll Be Allowed To Depose Mark Zuckerberg?

Companies are no strangers to litigation. In California, it is a cost of doing business. Unfortunately, it is not uncommon for litigants to try to gain leverage in a dispute with a corporate party by attempting to depose its high-level…more

Insider Trading Conviction Upheld by First Circuit

Salman v. U.S., 136 S.C. 899 (2016) presented issues regarding the personal benefit test and gifting in the context of an insider trading tipping case. Ultimately the High Court focused on the question of gifting material non-public…more

JSH Attorneys Prevailed By Motion To Dismiss In Professional Negligence Matter

On behalf of their clients, Dr. Michael Bauer and Dr. Denis Furr, Jeremy Johnson, Heather Bushor and Justin Ackerman of Jones, Skelton & Hochuli, prevailed on two motions to dismiss in a multi-million dollar professional liability…more

Secretary of Homeland Security Issues Memos to Implement President Trump's Immigration Enforcement Orders

On February 20, 2017, Secretary of Homeland Security John Kelly issued two memos that provide guidance to Department of Homeland Security (DHS) officers and employees in implementing two of the Executive Orders announced by President…more

New Political Climate May Lead to Class Action Changes

The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential changes on the respective class…more

SBA Size Standards Under the Microscope

SBA's size standards are one of the agency's most important metrics. The size standards draw a bright line between small and large businesses for each industry by NAICS code. A firm that is below the size standard for its industry is…more

Fiduciary Rule Under Review – Delayed Applicability Date

In a prior post, we covered President Trump’s order directing the Department of Labor to review the new regulation and, as it deems appropriate, to take steps to revise or rescind it. The Employee Benefits Security Administration…more

Revisions to N.D. California Patent Local Rules

On January 17, 2017, the Northern District of California enacted revisions to the Patent Local Rules. The revised rules, which took effect immediately, require earlier disclosure of damages-related discovery and contentions…more

Land Court Finds that Texting Can Bind Parties

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy than the…more

Leaked Draft Executive Order to Respect Religious Freedom Disrespects the LGBTQ Community

Last summer, Donald Trump received recognition for being the first Republican presidential nominee to mention the LGBTQ community in his acceptance speech. If you didn’t actually listen to his speech or read the transcript, you may…more

The Trump Administration Begins the Task of Selecting New Federal Antitrust Enforcers

With every new administration, there is typically a change in the leadership of both the Federal Trade Commission and the DOJ Antitrust Division, the two regulators principally responsible for federal antitrust oversight. Not…more

Oman's New Tax Law

Oman's latest Royal Decree introduces sweeping amendments to the Income Tax Law of 2009 and was formally published on 26 February 2017…more

Ninth Circuit Provides More Detailed Guidance on the Enforceability of Arbitration Provisions

On January 19, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Norcia v. Samsung Telecommunications America, LLC in which it provided guidance on the enforceability of arbitration agreements in consumer…more

Speculation That FDA May Require a Formulation Change ≠ Infringement

Last month, we reported on the District of Delaware’s decision in Bayer Pharma AG et al. v. Watson Laboratories, Inc., C.A. No. 12-1726-LPS, 2016 WL 7468172 (D. Del. Dec. 28, 2016) which held that speculation of a Hatch-Waxman…more

U.S. Securities-Based Crowdfunding

Acting Chair Piwowar made remarks at the the Dialogue on Crowdfunding hosted by the Securities and Exchange Commission and the Salomon Center for the Study of Financial Institutions at New York University. In his remarks, Acting Chair…more

European Banking Authority Published Final Draft Technical Standards for Payment Service Providers

The European Banking Authority published final draft Regulatory Technical Standards on the requirements of strong customer authentication and secure communication under the revised Payment Services Directive (known as PSD2). PSD2…more

Limitations on Community Association Approval or Denial of Service Member Rental Applications

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven days of…more

5 Takeaways: Ex Parte Appeals: A Multi-Year & Expensive Trajectory or an Allowance within 2 Months?

Kilpatrick Townsend attorneys Kate Gaudry, Ph. D. and Sameer Vadera recently presented to the Intellectual Property Owners Association (IPO) Software Related Inventions Committee regarding “Ex Parte Appeals: A Multi-Year & Expensive…more

2017 HIPAA Enforcement: Year to Date Lessons

With the announcements from OCR of three resolution agreements and one civil money penalty as of mid-February, OCR is off to a record start for HIPAA enforcement in 2017, with double the announcements as the same time last year…more

New Hope for Employee Handbooks?

During the prior Administration, the National Labor Relations Board (NLRB) scrutinized employment policies contained in handbooks and policy manuals, and found many of the policies unlawful under the theory that they “chilled” the…more

Worker Safety Law Alert: What You Need to Know to Avoid Enforcement Actions

Employers should remain on alert regarding the increasing trend towards more aggressive enforcement of worker safety standards demonstrated over the past year by the U.S. Occupational Safety and Health Administration (“OSHA”) and the…more

Night Note: The 1st 100 Days

Seeking to avoid exposure to the dispute settlement system of the World Trade Organization (WTO), the head of the new White House National Trade Council has requested a legal analysis from the U.S. Trade Representative…more

Janssen v. Celltrion: Celltrion moves to dismiss for lack of standing

As we previously reported regarding Janssen v. Celltrion, after the district court postponed trial and heard oral argument on the damages issues related to Celltrion’s challenge to Janssen’s standing, the Court set a deadline for…more

A Scary Dam Cat

The February 12, 2017 emergency evacuation of nearly 200,000 California residents living in and around the town of Oroville, downstream from the Oroville Dam, was a stunning reminder of the ironic danger created by major dams. Built…more

Hot Topics at Employment Law Seminar

On February 24, 2017, the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group presented its fourteenth annual Hot Topics in Employment Law seminar to an audience of nearly four hundred clients and members of…more

Lack of Bona Fide Intent to Use and Its Consequences According to the 6th Circuit

The Sixth Circuit Court of Appeals recently issued an important decision about the bona fide intent requirement when filing an intent to use (“ITU”) application and the consequences when there is a lack of bona fide intent as to some…more

Ransomware: A How-To Guide

Some forms of cyber extortion are automated and not targeted at any specific victim. For example, “ransomware” refers to a type of malware that prevents users from accessing their systems unless, and until, a ransom is paid…more

White House Previews Federal Marijuana Policy

Late last week, the White House provided the most significant insight since the inauguration as to how the Trump Administration will handle federal marijuana policy. During an afternoon press briefing, White House press secretary…more

Trumpdate: What’s in Ivanka’s “paid family leave” plan?

President Trump’s address to Congress last night didn’t have much on labor and employment issues, apart from the creation of jobs (which is no small thing and would be awesome if it pans out). But he did mention “paid family…more

What’s in FICALA? Part 2 – MDLs

Earlier this month, I wrote about the class-action provisions of the new Fairness in Class Action Litigation Act, which has passed out of the Judiciary Committee and is headed for a floor vote in the House. At the end of that post, I…more

Fish & Richardson’s Post-Grant Report 2016

2016 marked the fourth anniversary of the America Invents Act (AIA). The Patent Trial and Appeal Board (PTAB) was once again the forum of choice for challenging patentability of claims, surpassing the Eastern District of Texas as the…more

Patent Quality Chat – February 14, 2017: Learning to Love Application Data Sheets

On February 14, 2017, the USPTO’s Patent Quality Chat webinar series continued with “Understanding the ADS (Application Data Sheet): Little Things Make a Big Difference.” For this chat, the USPTO’s Janice Tippett, who is a Management…more

The Increased Use of Combined Hearings and Combined Plan and Disclosure Statements in Delaware

Since February 2016, the Local Rules for the United States Bankruptcy Court for the District of Delaware provide for combined hearings on approval of disclosure statements and confirmation of plans and for the use of combined…more

Would equity deem an enforceable irrevocable power of attorney (IPA) to be a trust rather than an agency?

At law and in equity the classic agency is terminable at the will of either the principal or the agent, and in any event upon the death or mental incapacity of either. The durable power of attorney is one statutory partial exception…more

Telemedicine Liability – The Real Numbers

Amidst all the interesting legal and regulatory issues implicated by telemedicine, one issue less discussed is the potential liability exposure associated with telemedicine. Many critics have argued that the nature of how telemedicine…more

On Heels of UK Uber Decision, London Bike Courier Ruled Worker 

Just last month, an employment tribunal in London held a bicycle courier was not self-employed, but instead should be classified as a worker under English law. Consequently, Maggie Dewhurst, who brought suit against UK courier…more

These Three Key FMLA and ADA Resources Will Help You Conquer the World

If you have any interest in vastly improving your FMLA and ADA mojo, here are three can’t miss resources you need to make part of your professional reading and education each spring: 1. Review the ABA’s Report of 2016 FMLA Cases…more

FCC Chairman Announces Intent to Stay Broadband Data Security Rules

The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy Order…more

Blog: Another Theory On Corp Fin’s Position On Proxy Access Fix-It Proposals

Corp Fin has refined its position with regard to exclusion of proposals to amend existing proxy access bylaws. However, the basis for the staff’s determination to grant or refuse no-action relief in that context remains a…more

The Eastern District of Michigan Affirms the CFPB's Broad Authority to Issue Civil Investigative Demands

A recent decision from the Eastern District of Michigan in CFPB v. Harbour Portfolio Advisors, LLC; National Asset Advisors, LLC; and National Asset Mortgage, LLC serves as a reminder that the Consumer Financial Protection Bureau's…more

Telecommuting: Is It Reasonable?

Last week’s blog post explored the interactive process between employers and employees when considering a job accommodation for an employee with a disability. But what happens if during the interactive process, an employee requests to…more

Are Your Commercial Lease Forms ADA Compliant?

A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates that the…more

2017 Proposed State Legislation

A number of bills currently before the Nevada Legislature will affect employers if signed into law. The following summarizes these bills as they have been introduced…more

SEC Staff Issues Guidance Update and Investor Bulletin on Robo-Advisers

On February 23, 2017, the Securities and Exchange Commission (“SEC“) published information and guidance for investors and the financial services industry on the use of robo-advisers, described by the Staff as “registered investment…more

Workplace Law Regs On White House Chopping Block

Last week, President Trump signed an executive order requiring every federal agency to establish a “Regulatory Reform Task Force” to eliminate what he considers to be unnecessary and burdensome regulations hampering the American…more

D.C. Remediation Contract Can Trigger Duties to Third Party at Construction Site

In a case highlighting common-law tort duties that can arise from contractual relationships, an environmental contractor at a construction site may be liable to a subcontractor's employee who claims he was injured when exposed to…more

DOJ Intervenes in Risk Adjustment FCA Case

Recently, the DOJ intervened in one of several currently pending qui tam cases involving Medicare Advantage (MA) and the Risk Adjustment process used to determine the amount of payments to Medicare Advantage Organizations (MAO). The…more

Under the Same Precedent, Different Estoppel Standards Have Developed in the PTAB and the District Courts

While Congress was debating the provisions of the America Invents Act (AIA), some lawmakers proposed that inter partes review (IPR) and post-grant review (PGR) should be a substitute for invalidity challenges at district court, such…more

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