Latest Updates

United States Supreme Court Clarifies Scope of Specific Personal Jurisdiction in State Court

On Monday, June 19, 2017, the Supreme Court clarified the limits of specific personal jurisdiction in state courts, holding that a connection between a defendant’s contacts with the forum and the claims at issue remains essential in… more

Sustainable Development Update - June 2017 #4

Sustainable Development Focus - Support for wind, solar power continues - Facility Executive - Jun 14 - Demand for renewable energy by consumers and businesses — along with a long-term commitment to cleaner portfolios from… more

Force majeure and the Qatar crisis: implications for UAE businesses

On 5 June 2017, the UAE announced that it would be severing all diplomatic ties with Qatar. In separate announcements, Saudi Arabia, Bahrain and Egypt also severed ties with Qatar, with other countries in the region following suit… more

Financial Services Weekly News - June 2017 #3

Editor's Note - In This Issue. President Trump announced his intended nominee for Chairman of the Federal Deposit Insurance Corporation (FDIC), the Consumer Financial Protection Bureau (CFPB) proposed updates to its prepaid account… more

Try Not to be so Friendly: Current Issues in Interviews and Advertising

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially in the… more

Commerce And USTR Hold Public Hearing On U.S. Trade Deficit

On May 18, 2017, Commerce and USTR held a public hearing on U.S. Trade Deficits. The hearing was held in response to Executive Order 13786, issued by President Trump, which instructed the agencies to prepare and submit an Omnibus… more

CHOICE Act: Reform or Recalibration?

In the last session of the US Congress in mid-2016, representative Jeb Hensarling first introduced the Financial CHOICE (Creating Hope and Opportunity for Investors, Consumers, and Entrepreneurs) Act. This represented an amalgamation… more

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff. Prior to that ruling, courts across… more

First Circuit Affirms Dismissal of Biogen Investors’ Claims, Finding a Lack of “Connecting Detail,” in In re Biogen Inc. Securities Litigation, 857 F.3d 34 (May 12, 2017)

In this putative class action, investors alleged that Biogen executives misled the public about the impact on sales of the company’s multiple sclerosis drug Tecfidera after one patient’s death. Plaintiffs alleged violations of Sections… more

Consultation on personalised robo-advice

As you will be aware from our previous updates on robo-advice, personalised financial advice in New Zealand must be given by a human being. This is limiting the development of robo-advice models in the New Zealand market and is to be… more

Shipowner Who Tried to Skirt Club Rules Runs Aground in Court

The U.S. District Court for the Southern District of New York recently issued a decision finding that a shipowner member was bound to a P&I Club’s board of directors’ decision to deny coverage for that member’s losses arising from a… more

Don’t Forget To Calendar Your Deadlines – Especially The Statutory Ones!

If you commence an action by way of summons with notice, you must bear in mind the strict time limitations imposed by CPLR 3012(b). When the other party timely serves a written demand for a complaint, you have exactly twenty (20) days… more

Is It a Dividend? Is It a Tax? Could President Trump Care Less?

In February, I posted about the formation of the Climate Leadership Council and its push for what it calls its “Carbon Dividend” plan. In essence, it’s a gradually increasing carbon tax. The plan would be revenue neutral, with the… more

SCOTUS: Supreme Court Holds Disparagement Clause of the Lanham Act Violates the Free Speech Clause of the First Amendment

On June 19, 2017, in Matal v. Tam, previously Lee v. Tam, the Supreme Court handed down its most impactful interpretation of the disparagement clause of the Lanham Act to date by holding that at its intersection with the First… more

Another Facially Neutral Employment Policy Bites the Dust

About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was affirmed by the… more

Supreme Court Holds Entities May Register Disparaging Trademarks

The Lanham Act’s restriction on trademarks that disparage persons living or dead violates the First Amendment. Though the United States Patent and Trademark Office (USPTO) has sometimes reversed its position on whether a particular… more

Saudi Arabia Update - June 2017

Legal Developments - 10 minute SAGIA License - Companies carrying any foreign ownership in Saudi Arabia are required to have a foreign investment license issued by the Saudi Arabian General Investment Authority (SAGIA)… more

[Audio]Employment Law Now I-10- Independent Contractors, Age Discrimination, Performance Reviews, Web Site Accessibility, and Ducks, TIEs and Chimps

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode addresses independent contractor misclassification, performance… more

How Insurtechs Maximize Profits and Competitive Advantage

The potential to disrupt the historic insurance industry model has made insurtech one of the hottest new areas of innovation and investment, with entrepreneurs developing technologies at a breakneck pace and venture capital firms… more

CMS continues to tinker with new physician Quality Payment Program created by MACRA

The Centers for Medicare & Medicaid Services (CMS) released an advanced copy of its latest proposed rule revising the Quality Payment Program created by the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The proposed… more

Victory for The Slants and Redskins: Supreme Court Okays Offensive Trademarks

This week, the United States Supreme Court settled the issue of whether an offensive name, in this case, an Asian-American rock band called “The Slants,” can properly be registered as a trademark. The Court’s conclusion? Offensive… more

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because juries typically will only believe employers if they “put it in writing.”… more

Status Regarding Dupixent® Litigations

We previously reported that Sanofi and Regeneron filed a declaratory judgment action seeking a ruling that its approved Dupixent® (dupilumab) product does not infringe Amgen’s U.S. Pat. 8,679,487 (“the ’487 patent”), and that Immunex… more

Reissuance of Proposed Regulations on Partnership Audit Rules

The U.S. Treasury Department and the Internal Revenue Service (the “IRS”) have re-issued proposed regulations (the “Proposed Regulations”) on the new centralized partnership audit rules enacted as part of the Bipartisan Budget Act of… more

Gas Company Receives First Declination of 2017 Under FCPA Pilot Program

The U.S. Department of Justice (DOJ) on June 16, 2017, announced its first declination of 2017 and the closing of its investigation of Linde North America Inc. and Linde Gas North America LLC (collectively, Linde) concerning violations… more

Big E-Cig Developments

News out of New York and New Jersey this week indicates that additional e-cig regulations could soon affect consumers, manufacturers, and marketers alike. Given the size of the market, it is incumbent to keep a watchful eye on these… more

Leveraged Lending: Summary of ECB Guidance compared to US Guidance

In May 2017, the European Central Bank published its final Guidance on Leveraged Transactions (the “ECB Guidance”). The ECB Guidance will come into effect six months after publication and will apply to all “significant credit… more

Innovation drives dealmaking: Outlook for M&A in Israel - Investors continue to flock to Israel, as innovation and technological advancements create fertile ground for M&A

Dubbed the "startup nation," Israel is an epicenter of innovation. It boasts more venture capital firms and startups on a per capita basis than any other country in the world. In tech terms, it is second only to Silicon Valley. Much… more

SCOTUS and the Slants: Disparagement Proscription of § 2(A) of the Lanham Act Unconstitutional

A unanimous decision from the Supreme Court of the United States in Matal v. Tam affirmed an en banc panel of the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional under the free… more

FINRA Permits Related Performance Information in Institutional Communications for Registered Closed-End Funds

Introduction In an interpretive guidance letter issued to a registered closed-end fund on June 9, 2017, FINRA permitted the use of “related performance information” in communications that are distributed solely to institutional… more

The Law On Demand

The on demand economy is now far more expansive than transportation or food delivery. In fact, lawyers now make up a growing aspect of this market as an increasing number make themselves available as “contract attorneys” hired to… more

FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance

In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's (NTIA)… more

Department of Labor Finalizes Claims and Appeals Regulations for Disability Benefits

The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans. The final rules are substantially… more

Spokeo And Standing: Fourth Circuit Applies Spokeo And Reverses Nearly $12 Million FCRA Action Judgment

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act (“FCRA”) class… more

Hong Kong Permits Third Party Funding of Arbitration

Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and mediation… more

EEOC Holds Conversation With Society of Human Resource Management Foundation VP Tina Sung

AARP CEO Also Conducts Age Bias Dialogue With EEOC Acting Chair Victoria A. Lipnic - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Tina Sung from the Society for Human Resource Management… more

Bikers Who Love that 'Wind-in-My-Hair' Feeling Still Hoping for Legislative Relief

When I was 18 and a freshman at Northeastern, my sister-in-law, Sue, was a recent graduate of the Mt. Auburn Hospital school of nursing (Cambridge) and working as an operating room nurse at that hospital. One day she asked me to… more

Supreme Court Tightens Personal Jurisdiction Requirements

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court of… more

Pennsylvania Federal Court Finds Continuing Violations Doctrine Applicable To RESPA Claims

A Pennsylvania federal court applied the continuing violations theory to RESPA’s one-year statute of limitations, and allowed Plaintiffs leave to amend their complaint to modify their RESPA claim… more

The Australian Innovation Patent: The threshold for patentability may be higher than you think

A June 2017 decision of the Australian Patent Office highlights when claims in an innovation patent may be found novel, but lacking in innovative step. The decision highlights that the inquiry into innovative step is substantially… more

1 Million Individuals’ Personal Data on Backup Drive is Stolen from Washington State University

File this story in the category of even locking data up in a safe is not secure. Washington State University (WSU) has begun to notify approximately 1 million individuals that their personal data was compromised when a back-up drive… more

Municipalities Are Now Included In PURA Small Cell Cases Before Public Utilities Regulatory Authority

In its final decision in Docket No. 17-02-49 adopted on June 2, 2017, the Public Utilities Regulatory Authority ("PURA") incorporated nearly all of the recommendations made by the Connecticut Conference of Municipalities for all new… more

First Trump Administration FCPA Resolution is Tender not Tough

DC Partner Mark Sere and DC Senior Associate Kristin Robinson have presented a webinar providing a mid-year update on the FCPA. In it, Mark and Kristin read the tea leaves on whether the Trump Administration was going to be Tough or… more

CFPB details complaint process at Comply2017 Conference

At the Comply2017 conference held earlier this week in New York City, Scott Steckel, a member of the CFPB’s Office of Consumer Response, gave a presentation in which he detailed the CFPB’s complaint process and how the CFPB shares… more

Office of Civil Rights Field Instructions Signal Shift in Approach

It was revealed last week that Acting Assistant Secretary for the Office of Civil Rights (OCR), Candice E. Jackson, issued instructions to OCR regional directors on June 6, 2017, addressing the processing of complaints in light of… more

More ET Rover Bungling...Or is it a Calculated Decision to Place Speed Over Safety?

ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that paying… more

“But Officer, He Came Out of Nowhere!”

Lots of wrecks happen because drivers, staring at what’s directly in front of them, are unaware of dangers coming from other directions. This is an ACA blog, so right now we’re staring at the ACA changes being proposed by the Senate… more

Supreme Court Finds Lanham Act Disparagement Clause Unconstitutional Under First Amendment

In a victory for the Asian-American rock band The Slants, the Supreme Court ruled on June 19 that the ban on the registration of disparaging trademarks under Section 2(a) of the Lanham Act violates the First Amendment. The ruling… more

How The Trump Administration is Changing US Immigration: A Sixth Month Look Back

In its first six months, the Trump Administration has significantly altered US immigration policy. To date it has issued four Executive Orders promising to toughen US laws and regulations. This Webinar will provide a review of the… more

[Video]How The Trump Administration is Changing US Immigration: A Sixth Month Look Back

In its first six months, the Trump Administration has significantly altered US immigration policy. To date it has issued four Executive Orders promising to toughen US laws and regulations. This Webinar will provide a review of the… more

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