Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

The Whole Claim Is More Inventive Than the Sum of Its Generic Parts

Addressing the issue of subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s finding that the limitations of the challenged claims, when considered as an ordered combination, lacked…more

Application of Connecticut’s (Non-FMLA) Maternity Leave Law

The State of Connecticut has provided pregnancy leave in the Connecticut Fair Employment Practices Act which is different from the maternity leave provided by the state and federal Family and Medical Leave Acts. Unlike FMLA leave…more

Manatt on Health Reform: Weekly Highlights - July 2016 #4

CMS’ increase of the “income verification threshold” makes eligibility determinations easier for consumers; Oregon CO-OP policyholders can credit out-of-pocket spending towards new plans; and report finds that 13 million people would…more

Book Review: The World According to Star Wars

It was right after our selfie with Minion Captain America that we saw it. We were marching up and down the aisles, dodging empire storm troopers. Bright lights and backbone-rattling sounds shot out of the Nickelodeon and Star Trek…more

Arbitration Article Series IV. Enforcing Arbitration Awards

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the UAE…more

Article 29 Working Party on the EU-US Privacy Shield: A Number of Concerns Remain But Let’s See How It Works

Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 12: Impact assessments, DPOs and Codes of Conduct

Why does this topic matter to organisations? A significant aspect of complying with EU data protection law is demonstrating compliance—making it evident to DPAs that an organisation is meeting its obligations. Three of the key…more

Health Insurance Merger Challenges: Of Antitrust and the Affordable Care Act

The Department of Justice and attorneys general from multiple states last week sued to halt two health insurance mergers, each worth billions of dollars. The challenged deals are Anthem’s planned merger with Cigna and Aetna’s…more

San Diego City Council Amends Local Sick Pay Law

On July 26, the San Diego City Council ratified a minimum wage and sick pay ordinance approved by voters on June 7. Effective as of July 11, the ordinance imposes a citywide minimum wage rate and also obligates businesses to provide…more

New confiscation recommendations: a price worth paying?

On 15 July 2016, the Home Affairs Committee published a report on the Proceeds of Crime. The report identifies a number of systemic problems with the current confiscation order system and makes several recommendations designed to…more

Direct access to insurers of insolvent entities at last? Third Parties (Rights Against Insurers) Act 2010

After considerable delay the long-awaited Third Parties (Rights Against Insurers) Act 2010, having been amended by the Third Parties (Rights Against Insurers) Regulations 2016, is finally due to come into force on 1 August 2016. The…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 11: Obligations of processors

Why does this topic matter to organisations? Under the GDPR, the concept of a "processor" does not change. Any entity that is a processor under the Directive likely continues to be a processor under the GDPR. However, whereas the…more

Report Shows Better Oversight Needed for DHS Fee-Collecting Programs

Last week, the U.S. Government Accountability Office (GAO) released a report after examining the way the U.S. Department of Security (DHS) manages the billions of dollars it collects from its various programs. In FY 2014, DHS received…more

The Trans-Pacific Partnership Series - Navigating a new era of trade in the Pacific-Rim

The Trans-Pacific Partnership (TPP) presents enormous opportunity for members of the infrastructure and construction sector to grow and diversify, both domestically and globally. In this Part 2 of our two-part series on the TPP, we…more

Unwanted Baggage: Asset Acquisition and Successor Liability

suitcase-1463298472AoUIf you buy the assets of a company, have you also acquired the liabilities for infringement associated with those assets? That is the issue addressed in a recent decision by the federal district court for the…more

Further down the rabbit hole we go: Additional guidance released by OECD on the attribution of profits to permanent establishments

Action 7 of the BEPS Action Plan1 tackles the definition of permanent establishment (PE) in order to prevent the artificial avoidance of a PE status through the use of commissionaire arrangements and the specific activity exemptions…more

Court Affirms Order Requiring Partition of Property Where Fiduciary’s Homestead Argument Failed

In Byrom v. Penn, Byrom was appointed executor of his mother’s estate, and he was later removed as executor for breach of fiduciary duty by using estate funds to build a house for himself. No. 12-15-00033-CV, 2016 Tex. App. LEXIS 7680…more

Changes to Nitaqat in Saudi Arabia

Saudi Arabia is re-visiting its Nitaqat program with a renewed focus on reducing unemployment in the Kingdom. This is the first time Nitaqat has been reviewed since it was implemented in 2011 and the revisions have several aims..…more

Development of court practice in tax disputes related to grant financing of a Russian company

On 22 July 2016 the Commercial Court of Samara Region delivered a decision in case No. ?55-11332/2016. In that case, the court considered a dispute between SMARTS JSC and the Samara Region Interdistrict Federal Tax Service of…more

ICSC’s New England Idea Exchange Draws a Crowd to Talk Shop

The Hynes Convention Center hosted the ICSC New England Deal Making Conference in Boston last week from July 19 through July 21. ICSC announced that attendance was at an all-time high of about 1,200 people. The conference kicked-off…more

Bill to Make Local Coverage Determinations More Transparent Introduced in House

On July 11, 2016, Reps. Lynn Jenkins (R-Kan.) and Ron Kind (D-Wis.) introduced the Local Coverage Determination Clarification Act (H.R. 5721), with the goal of modifying the LCD process performed by Medicare Administrative Contractors…more

Representations & Warranties Insurance: Understanding the Underwriting Process, Timeline, and Key Coverage Terms

The use of representations and warranties insurance is becoming increasingly commonplace in M&A transactions, particularly in competitive auction processes where use of the product has become almost ubiquitous. While much has been…more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the fees of…more

City of Pittsburgh adopts Riverfront IPOD

On June 6, 2016, City of Pittsburgh Mayor William Peduto signed legislation enacted by City Council amending the City of Pittsburgh Zoning Code by establishing a Riverfront Interim Planning Overlay District (“IPOD”). The…more

Assessing Acquisition Offers from Chinese Buyers - CFIUS and related considerations for technology company boards

Notwithstanding reports earlier this year of transactions that either failed to close (GO Scale / Lumileds; Tsinghua Unisplendour / Western Digital), lost out to competing U.S. bids (China Resources / Fairchild) or were abandoned…more

The implications of Brexit on the entertainment and media industry

While the United Kingdom will not leave the European Union overnight, it is important to consider what the result of the Brexit referendum means to the entertainment and media industry. What are the challenges? How do we identify the…more

Massachusetts Legislature Passes New Pay Equity Law

The Massachusetts Legislature passed new pay equity legislation on July 23, 2016. Governor Baker has been reported to have said that he will sign the legislation. The new law will take effect on January 1, 2018. The legislation is…more

The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual Property Supplement

On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and by…more

Sustainable Development Update - July 2016 #4

Sustainable Development Focus - San Diego climate plan means big potential for jobs - Next City - Jul 22 - San Diego’s Climate Action Plan (CAP), which debuted in December, is the first municipal climate plan in the U.S…more

FERC Once Again Modifies Interconnection Policy to Level the Playing Field Among Electric Generators

For the second time in as many months, the Federal Energy Regulatory Commission (FERC) acted to eliminate undue discrimination between electric generators. Last month, FERC issued Order No. 827, which required non-synchronous (wind)…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 10: Obligations of controllers

Why does this topic matter to organisations? Each time an organisation processes personal data, it will do so as either a controller or a processor. These roles bear different responsibilities. Therefore, it is critically…more

Deadline to Comment on European Blockchain Technology Regulation Quickly Approaching

The European Securities and Markets Authority is soliciting public comment on its recently published discussion paper on the benefits and challenges of using Distributed Ledger Technology. The European Securities and Markets…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 9: Rights of data subjects

Why does this topic matter to organisations? EU data protection law provides data subjects with a wide array of rights that can be enforced against organisations that process personal data. These rights may limit the ability of…more

Decision Clears Path for Companies to Participate in the Privacy Shield

A critical decision today by European Union privacy officials ends the era of uncertainty for the 4,000 plus U.S.-based companies and the thousands of EU-based companies that formerly relied on the U.S.-EU Safe Harbor Framework to…more

Electric-Vehicle Infrastructure: Fertile Ground for P3’s

In 2006, the documentary “Who Killed the Electric Car?” hit the theaters. Ten years later, there remains substantial disagreement on the answer to that question, but one truth has emerged: the electric car lives again. As…more

Proposed Form 5500 Changes & the new Schedule J: Big Changes for Small Group Health Plans

The US Department of Labor (DOL) has proposed changes to the Form 5500 and schedules that will affect ERISA Title I group health plans of all sizes, but small group health plans should be especially aware of the changes. Certain small…more

Is a Rock a Landslide? Montana Supreme Court Says Yes

In a recent decision, the Montana Supreme Court upheld application of an Earth Movement exclusion to bar coverage for damage to a home when a single large boulder rolled down a hill and smashed into it. In doing so, the court gave the…more

EEOC Announces New Process for 2016 EEO-1 Data File Uploads

The 2016 EEO-1 filing period is fast approaching. Once the 2016 Survey opens, companies will have until September 30, 2016 to complete their annual filing requirements. On July 25, 2016, the EEO-1 Joint Reporting Committee (JRC)…more

Legal Alert: Voice Over Internet Protocol and the TCPA:  The Hidden Pothole on the Information Super Highway

Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to reconcile…more

Ninth Circuit Holds Each Debt Collector Must Send a 1692g Validation Notice, Even If Previously Provided By Another Debt Collector Regarding the Same Debt

In Hernandez v. Williams, Zinman & Parham PC, No. 14-15672, — F.3d –, 2016 WL 3913445 (9th Cir. July 20, 2016), the Ninth Circuit Court of Appeals held that each subsequent debt collector is required to send a § 1692g(a) validation…more

LIPA Deepwater offshore wind decision delayed

Long Island Power Authority has postponed a meeting of its trustees at which an offshore wind project was expected to be up for approval, after a state energy agency asked for delay to align the process with the expected release of new…more

EEOC Revises, Delays Pay Data Collection Proposal

On July 14, the Equal Employment Opportunity Commission announced changes to its proposed employer pay data collection proposal. The proposal would require employers to submit on an annual basis summary pay information for listed job…more

Connecticut Foreclosures: Judgment of Loss Mitigation – Good, Bad or Unnecessary?

One of the plethora of new procedures enacted in the 2016 General Assembly’s legislative session is a concept which is being dubbed a “judgment of loss mitigation.” The procedure seems straightforward at first – a lender can seek to…more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after finding that…more

FERC Rules that Previous Sale of Renewable Energy Credits Does Not Limit Right to Sell Power Under PURPA

May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits (RECs)?…more

FDA’s new Next Generation Sequencing Draft Guidance leaves fundamental questions unanswered: key points

The Food and Drug Administration has released a 25-page Draft Guidance document addressing FDA oversight of certain applications of Next Generation Sequencing (NGS)-based technology. The Draft Guidance - "Use of Standards in FDA…more

Epirus Biopharmaceuticals Files for Chapter 7 Bankruptcy

Epirus Biopharmaceuticals, a biosimilar startup, has filed for Chapter 7 bankruptcy. The Boston-based startup had lost approximately 82% of its value by June of 2016, after an announcement that it would cease working on a biosimilar…more

FERC Rules that Previous Sale of Renewable Energy Credits Does Not Limit Right to Sell Power Under PURPA

May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits (RECs)?…more

PTAB Institution Decision Does Not Shift Burden from the Patent Challenger to the Patentee

The Federal Circuit previously clarified that a petitioner’s burden to prove unpatentability never shifts to the patent owner. See Dynamic Drinkware, LLC v. Nat’l Graphics, Inc. On July 25, 2016, the Federal Circuit’s In re Magnum…more

Intendis GMBH et al. v. Glenmark Pharms. Inc., USA

Case Name: Intendis GMBH et al. v. Glenmark Pharms. Inc., USA, 822 F.3d 1355 (Fed. Cir. May 16, 2016) (Circuit Judges Prost, Moore, and Taranto presiding; Opinion by Moore, J.) (Appeal from D. Del., Robinson, J.) - Drug Product…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Sands Anderson's Virginia and North Carolina attorneys offer a comprehensive range of transactional and litigation legal services to businesses, business owners and company executives, financial…

[ About | Legal Updates ]