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The Manager-in-Charge Regime: Ruffling feathers in the year of the Rooster?: Practical considerations for licensed corporations

On 16 December 2016, the Securities and Futures Commission (SFC) issued a Circular to Licensed Corporations entitled Augmenting the Accountability of Senior Management (Circular). At the heart of the Circular was the introduction…more

Brexit starts today – how will you respond?

In June 2016, when asked "Should the United Kingdom remain a member of the European Union or leave the European Union?", 52 per cent of those who voted said they wanted to leave: for "Brexit". Nine months, a Supreme Court appeal, two…more

An Empty Seat at the Table: Sovereign Immunity Bars Pre-Spill Act Liability

Earlier this week, the New Jersey Supreme Court clarified in NL Industries, Inc. v. State of New Jersey, (A-44-15) (March 27, 2017), that the State of New Jersey retains its sovereign immunity under the New Jersey Spill Compensation…more

New Healthcare Workplace Safety Prevention Laws Take Effect April 1, 2017, in California

Healthcare employers in California should prepare for a host of new workplace safety requirements, starting this weekend. California’s new healthcare workplace safety prevention law takes effect April 1, 2017. The scope of the…more

Proposals to Shake Up the UK IPO Timetable

The FCA seeks to improve transparency in the UK equity IPO process. The FCA is proposing significant reforms to the UK equity IPO process, in order to address its concerns that investors should be receiving better information…more

Alberta Announces Overhaul of Workplace Laws

Alberta’s government is taking the pen to the province’s workplace legislation. As announced on March 13, 2017, the Employment Standards Code (Employment Standards) and the Labour Relations Code (Labour Code) will be the subject…more

Potential Liability for Design Defect in Use of Button Cell Batteries

A recent Report and Recommendation by a Magistrate Judge in the United States District Court for the Western District of Pennsylvania may serve as a warning to companies that manufacture and supply products containing button cell…more

Selecting a Forensic Investigator: A How-To Guide

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize such a…more

DW Healthcare Partners Closes Fourth Private Equity Fund at $295 Million

DW Healthcare Partners has announced it has closed its fourth PE fund (Fund IV) totaling $295 million. With the closing, the firm indicated it now has $800 million in total capital under management…more

Supreme Court Decides Expressions Hair Design v. Schneiderman

On March 29, 2017, the U.S. Supreme Court decided Expressions Hair Design v. Schneiderman, No. 15-1391, holding that New York General Business Law § 518, which prohibits merchants from posting a cash price and imposing a “surcharge” on…more

Destruction of Evidence, Cyberstalking and False Testimony: When Your Business Partner (and Romantic Partner) Behaves Badly

In this business dispute (Shawe v. Elting 2017 Del. LEXIS 61 [Del. Feb. 13, 2017]), the plaintiff – Phillip Shawe– appealed the Court of Chancery’s decision* sanctioning him for serious misconduct throughout a litigation with his…more

IRSST Publishes Report for Project on Development and Validation of Methods for Sampling and Characterizing Engineered Nanomaterials in Air and on Workplace Surfaces

On March 7, 2017, the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) published the final report for Project 2013-0059, “The Development and Validation of Methods for Sampling and Characterizing Engineered…more

A Rudimentary Resource Regarding Registration Rights

In any venture term sheet, an entire page (typically page 3 or 4, after the key terms we have discussed previously) will often be devoted to the concept of registration rights, which ultimately are addressed in an Investors’ Rights…more

Whack a Meme: Is It Possible to Contain (Let Alone Stop) the “Crying Jordan”?

Almost everyone (even my parents) has seen the Crying Michael Jordan meme popping up around the internet and social media. Crying Jordan has appeared in the standard meme form of photoshopped images and gifs but has also inspired…more

Is There a Correlation Between the Time Under Submission and the Result in Criminal Cases (2010-2016)?

Yesterday, we demonstrated that while affirmances generally are pending longer in California from grant of review to argument to decision, the evidence is more equivocal in Illinois, at least on the civil side. Today, we look at the…more

AbbVie’s Humira is the first to receive FDA approval for fingernail psoriasis

Today, AbbVie announced that the F.D.A. approved the inclusion of moderate to severe fingernail psoriasis data in the HUMIRA® (adalimumab) prescribing information for patients with moderate to severe chronic plaque psoriasis…more

House of Delegates Passes Bill To Preclude Condo Developers From Limiting Owners Construction Defect Claims

By a vote of 136-0, the Maryland House of Delegates approved a bill to protect condominium owners’ rights with regard to bringing construction defect claims against the project’s developer. House Bill 676 would prevent condominium…more

These Foolish Things – The Oddest Employment Issues of the Past Year

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches, we pause…more

Brexit and the aviation industry: Up in the air?

The aviation sector is crucial to the UK economy. The UK government has said it wants to work with industry to ensure the sector remains “prosperous and open for business” post-Brexit. It seems likely that there will be some trade-off…more

The UK Supreme Court: Reintroducing ‘Flexibility’ or ‘Uncertainty’ into the Interpretation of Aggregation Clauses?

The UK Supreme Court has handed down its decision in AIG Europe Limited v Woodman and others [2017] UKSC 18. In doing so, the Supreme Court reversed the decision of the Court of Appeal. It found, broadly, for the insurer (AIG) in…more

Alberta Employers May Face Increased Unionization and Mandated Collective Agreements

On March 13, 2017, the Alberta government announced that it intends to change provincial employment and labour laws to reflect "modern" times. As part of this "modernization", the Minister of Labour announced a consultation and review…more

ARB Adopts GHG Emission Standards for Oil and Gas Facilities; Operators Wary of Costs

On March 23, 2017, the California Air Resources Board (“ARB”) adopted regulations for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“Methane Regulations”). The Methane Regulations impose emission controls…more

Brexit - UK Files for Divorce From European Union: What Should Companies Do Now to Prepare?

Latest Developments - On 29 March 2017, the UK government delivered the formal notice to the other EU Member States that it is leaving the EU. The Brexit process is now formally under way. Companies of all sizes can and should be…more

Star Athletica v. Varsity Brands: Supreme Court Rules Apparel Design Copyrightable

With regard to garments and fashion, the accepted wisdom historically has been that copyright does not protect garment designs. The Supreme Court just changed that in the case of Star Athletica v. Varsity Brands. Or did…more

What, Pray Tell, Is A “Foreign Corporation”?

Earlier this week, I wrote about Wellisch v. Pa. Higher Educ. Assistance Agency, 2017 U.S. Dist. LEXIS 40831 (N.D. Cal. Mar. 21, 2017). The issue was whether the defendant, Pennsylvania Higher Education Assistance Agency, was required…more

No Turning Back: The Brexit Process Begins

The following alert is directed to organizations with a presence in the UK or who anticipate the need to place talent at a UK work site. Seyfarth Synopsis: Yesterday, British Prime Minister Theresa May invoked Article 50, formally…more

Advertising Law - March 2017 #4

Ad Groups Push for FCC Privacy Rule Reversal - The drama surrounding the Federal Communications Commission's privacy rules continues. Part of an Order passed last year along party lines under former Chairman Tom Wheeler, the…more

Private Equity Compliance with ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets

On February 28, Todd Solomon and Maureen O’Brien presented a Strafford live webinar, “Private Equity Compliance With ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets”. ERISA imposes fiduciary obligations…more

US Consumer Financial Protection Bureau Seeks Public Comment on Consumer Remittance Rule

The US Consumer Financial Protection Bureau announced that it is seeking feedback from the public regarding the effectiveness of the remittance rule..…more

South Carolina: Employee Benefits Bill a Reminder of What Local Jurisdictions Can Mandate

Fresh off the overwhelming rejection of union representation by Boeing employees in February, and with commentators largely crediting the state’s manufacturing boom to its right to work laws and lowest-in-the-nation 1.6% union…more

President Trump signs executive order rolling back Obama-era climate change policies

On Tuesday, President Trump issued an executive order (EO or Order), "Promoting Energy Independence and Economic Growth," targeting a broad swath of Obama-era climate change and other environmental regulations and initiatives…more

Parrotheads Can Rejoice As Jimmy Buffet Prevails In Trademark Dispute

Jimmy Buffet won a trademark dispute and precluded the applications for “Marijuanaville” marks from registering due to a likelihood of confusion with his famous MARARITAVILLE® mark for clothing (including shirts and caps), nightclub…more

ABA IP Law Section Sends Section 101 Revision Proposal to USPTO Director Lee

The Intellectual Property Law Section of the American Bar Association (ABA-IPL) sent today to continuing U.S. Patent and Trademark Office Director Michelle Lee a letter containing its proposal for revising 35 U.S.C. § 10i in light of…more

Blog: Comments to Draft Chicago Pharmaceutical Sales Representative License Rules Due April 2, 2017

As previously discussed, pharmaceutical sales representatives that conduct business in the City of Chicago will need to be licensed as of July 1, 2017. The Commissioner of the Chicago Department of Public Health (CDPH) and the…more

US Office of the Comptroller of the Currency Releases Draft FinTech Charter Supplement

The US Office of the Comptroller of the Currency released its proposed FinTech charter supplement to the Comptroller’s Licensing Manual..…more

Federal Circuit Evaluates PTAB Reliance on Expert Testimony to Satisfy Substantial Evidence

Addressing for the first time the extent to which the Patent Trial and Appeal Board (PTAB) may rely on expert testimony to satisfy the substantial evidence standard of review, the US Court of Appeals for the Federal Circuit affirmed in…more

Saudi Arabia Update - March 2017

Legal developments - The Kingdom continues its move towards e-government services - Ministry of Municipal and Rural Affairs considers issuing temporary licenses online for multiple activities - The Ministry of Municipal…more

GSA IG Questions Pricing Evaluation of Professional Services Schedules

GSA is reevaluating price reasonableness for all new consolidated PSS schedules, which may result in requests for price reductions or even post-award audits for some contractors…more

H-1B Cap Filing Season: How to Avoid Getting Stuck in a Gap in Employment Eligibility

This time of year, many recent college graduates who are authorized to work in the United States for a limited time as part of post-degree optional practical training are facing a deadline—and employers better take note, or they will…more

This Month in Corruption: Smuggled Drugs, Bogus Billing, Tampered Equipment

Wrong Way to Keep Prisoners in Line. The office of William D. Weinreb, acting U.S. Attorney for the District of Massachusetts, announced March 3 that two former corrections officers at the Essex County Correctional facility in…more

Health-Related Programs Face Deep Cuts In President Trump’s “Budget Blueprint to Make America Great Again”

On March 16, 2017, President Trump Administration released his first budget outline for the 2018 fiscal year (FY 2018). In an effort to “shrink the role of government,” the $1.1 trillion budget proposal calls for a $54 billion increase…more

ACA Repeal and Replace Update: House Vote Expected This Week; CBO Estimates Impact of Repeal and Replace Legislation; CMS Administrator Verma Confirmed; HHS and CMS Signal “new era for the [F]ederal and [S]tate Medicaid partnership”

After narrowly passing the Budget Committee, the Republican-sponsored health reform repeal and replace bill, the American Health Care Act (AHCA), is scheduled for a floor vote for Thursday, March 23, 2017, seven years to the date that…more

Brexit and IP: 5 Things Brand Owners Should Do Now

Following the Prime Minister’s triggering of Article 50 today, 29 March 2017, we have 2 years until the legislative reality of Brexit and its implications will truly impact IP owners. However, there are steps that brand owners should…more

Canadian Copyright & Breach of Technological Protection Measures (TPMs): $12.7 million in Damages

It’s always exciting when there’s a new decision about an obscure 5-year old subsection of the Copyright Act! Back in 2012, Canada changed its Copyright Act to try and drag it into the 21st century. Among the 2012 changes were…more

Mind the Gap: Automatic Work Authorization Extensions Help Foreign National Employees Stay Productive Following EAD Expiration

In the last months of President Barack Obama’s administration many regulatory changes were made that were meant to improve the functioning of the business immigration system, including changes to the process for Employment…more

IRS Will Now Permit DC Plan Hardship Withdrawal Self-Certification Summaries

Two recently published memoranda by the Internal Revenue Service (the IRS) indicate that it is permissible for 401(k) and 403(b) plan sponsors and their third party administrators (TPAs) to rely on participants’ written summaries…more

Renewable Energy: The State of Play in 2017

The renewable energy sector ended 2016 and began 2017 under assault. Nevada and other states rolled back net metering laws. Fishing interests brought a lawsuit to block an offshore wind lease and upend BOEM’s offshore wind program…more

FDA Approves Genentech’s Ocrevus (ocrelizumab)

FDA announced today that it has approved Genentech’s Ocrevus® (ocrelizumab) for the treatment of adults with relapsing forms of multiple sclerosis and primary progressive multiple sclerosis (“PPMS”). Ocrevus is the first drug approved…more

“Honorably Retired” for California Police Officer Defined by Court

Among the many benefits bestowed on the brave men and women who honorably retire after serving behind the badge is the right to carry a concealed weapon in public. Owing to federal law, this right extends to every jurisdiction in the…more

HHS Expected to Release Significant HIPAA Privacy Guidance This Year; Compliance Audits Proceed; Guide on Compliance Program Effectiveness Released Monday

HIPAA privacy guidance, audits, and enforcement are continuing under the new Administration. On March 27, 2017, Iliana Peters, Senior Adviser for HIPAA Compliance and Enforcement at the US Department of Health and Human Services…more

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