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To The Relief of Sergeants Everywhere, Forever 21 Challenges Adidas’ Three Stripe Marks

On March 3, Forever 21, Inc. sued Adidas American, Inc. in the Central District of California (2:17-cv-01752), asking for a declaration that its clothing decorated with stripes does not infringe Adidas’ trademarks, and suggesting that…more

Basel Committee on Banking Supervision Consults on Guidelines for the Identification and Management of Step-in Risk

The Basel Committee on Banking Supervision has published draft Guidelines on the identification and management of step-in risk. The draft Guidelines follow a previous Basel Committee consultation that was launched in December 2015..…more

Canada Federal Budget 2017

The Government of Canada has released this year’s Federal Budget, and the Tax group at Dentons has prepared a Special Report providing a detailed analysis and concise summary of the changes featured in the Budget. The Report also…more

SCCS Issues Final Opinion on Additional Coatings for Titanium Dioxide (Nano Form) as UV-Filter in Dermally Applied Cosmetic Products

On March 7, 2017, the Scientific Committee on Consumer Safety (SCCS) issued a final opinion on additional coatings for titanium dioxide (nano form) coated with cetyl phosphate, manganese dioxide, or triethoxycaprylylsilane as an…more

Say Nothing Means Say Nothing: The Facebook Post that Cost $80,000

When Gulliver Schools, Inc. (“Gulliver”) did not renew Mr. Snay’s contract as the school’s headmaster, Mr. Snay filed a complaint alleging age discrimination and retaliation. In full and final settlement of Mr. Snay’s claims, the…more

Amid Uncertain Trade Climate, a Look at Top Imports, Exports With Mexico

Auto companies, computer manufacturers and oil producers are closely watching how the trade relationship evolves between the U.S. and Mexico under President Donald Trump. Their products are among the top U.S. exports to Mexico, as well…more

Business Listing Scams

You should be aware, and make your employees aware, of a new fraud that is hitting businesses, big and small, all over the country. It is commonly referred to as a Business Listing Scam…more

Business Visas to Europe This Summer?

“Reciprocity” Could Hit Hard for the Unaware - Currently, U.S. visitors traveling to Europe on business or as tourists, in most cases, do not need a visa to travel to most countries in the European Union. However, this soon may…more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to reiterate some…more

State Law Cannot Blur the Line Between Patents and Copyrights

The US Court of Appeals for the Fifth Circuit determined that a plaintiff could not use a state law claim for unfair competition to protect a valve design, because federal copyright law preempts such a claim. Ultraflo Corp. v. Pelican…more

Incident Response Plans: A How-To Guide

The best way to handle any emergency is to be prepared. When it comes to data breaches incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one…more

French Competition Authority Determines That Certain Information Exchanges Are Acceptable

The decision gives useful guidance on what type of information exchanges are compatible with antitrust rules - Key Points: ..The extent and the types of information that can be exchanged between competitors without being…more

MWI Case Shows The False Claims Act Needs A Change

Imagine your company becomes the subject of a U.S. Department of Justice investigation, which goes on for 30 months and ends with no grand jury indictment or criminal prosecution. Then, in a recalcitrant pivot, the DOJ decides to…more

Secondary Market Transaction Results in U.S. Court Jurisdiction Over Foreign Lender

Foreign financial institutions that trade dollar-denominated securities on the secondary market may not appreciate that they could be forced to defend an action arising from such a transaction in a U.S. court. That is what happened…more

Financial Services Weekly News - March 2017 #4

Editor's Note - The Battle Over the Proposed OCC FinTech Charter Continues. The Office of the Comptroller of the Currency (OCC) has released a draft supplement to its Licensing Manual explaining the process for FinTech companies to…more

SEC Proposes Inline XBRL Filing of Tagged Data

On March 1, 2017, the Securities and Exchange Commission (SEC) published for comment a proposed rule requiring the use of the Inline eXtensible Business Reporting Language (XBRL) format for the submission of operating company financial…more

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC. Since the…more

 Be Careful About Signing USDOL Back-Wage Summaries

When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a completed…more

Brewery and Beer Distributor Sued over Promotional Contest

A North Carolina woman has commenced legal action against Anheuser-Busch, LLC (“Anheuser-Busch”) and its North Carolina distributor, R.A. Jeffreys Distributing Company (“R.A. Jeffreys”), in connection with Anheuser-Busch’s “Natty…more

Can You Hear Me Now? South Carolina Department of Revenue Issues Guidance on Taxation of Communication Services

The South Carolina Department of Revenue (the “Department”) issued guidance earlier this month, in South Carolina Revenue Ruling 17-2, to update a comprehensive discussion concerning how communication services are taxed. Up until this…more

SEC Adopts T+2 Settlement Cycle for Securities Transactions

The SEC today adopted an amendment to shorten by one business day the standard settlement cycle for most broker-dealer securities transactions...…more

Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC (Fed. Cir. 2017)

Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the totality of…more

Commercial Real Estate Sellers: Hire Your Own Attorney!

Many sellers believe, possibly based on their experience in residential real estate transactions, that they can rely on the buyer's attorney, or a real estate broker, to "represent" them in a transaction. Although it is common for the…more

The Supreme Court Wipes Clean the Laches Defense in Certain Patent Cases

On March 21, 2017, the U.S. Supreme Court issued a 7-1 decision in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, wiping out the equitable defense of laches in some patent cases. In particular, where patent…more

Supreme Court Clarifies FAPE Standard in Endrew F. Case

For the first time in nearly 35 years, the Supreme Court of the United States has addressed the legal standard by which courts determine whether a school district has provided a student with a disability a “free appropriate public…more

"Supreme Court Seeks to Clarify Copyrightability of Design Features on Useful Articles in Cheerleading Uniform Case"

On March 22, 2017, in a 6-2 decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., 580 U.S. ___, the U.S. Supreme Court held that a design feature incorporated into a useful article may obtain copyright protection if that…more

Contract Corner: SaaS Escrow Considerations (Part 2)

Picking up where we left off last week, below are some additional distinctions for escrow arrangements in the software as a service (SaaS) context and related customer and vendor considerations…more

Blockchain – A New Era for the Energy Market?

Blockchain is more widely recognised as the underlying software technology used for the cryptocurrency Bitcoin. This technology is also being increasingly applied to alternative opportunities, including in the energy sector…more

2017 EMEA & APAC Culture and Compliance Benchmark Report - Data And Insights To Put To Work In Your Programme Today

NAVEX Global partnered with an independent research agency to investigate how companies headquartered across Europe, Middle East and Africa (EMEA) and Asia Pacific (APAC) develop and execute their ethics and compliance (E&C)…more

Top 10 OSHA Citations for 2016

The federal Occupational Safety and Health Administration publishes a list annually of its top 10 most frequently cited alleged violations. The list changes little from year to year, but it is worthwhile for employers to review the…more

Celltrion Files Two Additional Petitions for IPR on Genentech’s Trastuzumab Patents

Celltrion has filed petitions for inter partes review of two patents related to Genentech’s trastuzumab: IPR2017-01121, challenging U.S. Patent 7,846,441, and IPR2017-01122, challenging U.S. Patent 7,892,549. According to the…more

If at First You Don’t Succeed . . . Nominate a New Secretary of Labor

On March 22, 2017, the Senate Health, Education, Labor and Pensions (HELP) Committee conducted Secretary of Labor nominee Alex Acosta’s confirmation hearing. Acosta was nominated on February 16 after President Trump’s first choice for…more

Manager Amendments to the American Health Care Act

On Monday March 20, 2017, technical and policy amendments to the American Health Care Act of 2017 (AHCA) were introduced to address concerns by more conservative Republicans. The House is expected to vote on the AHCA as early as…more

[Audio]Episode 10: Pregnancy Discrimination Insights (Hint: It's Not Just About The FMLA)

Matt welcomes women's rights advocate and civil rights lawyer Jack Tuckner for a discussion on the wide range of pregnancy-related discrimination claims, including the "holy trinity" of pregnancy, gender, and disability discrimination…more

Interim Canadian Drone Rules Launched

As the recreational and commercial use of drones expands, the calls for a regulatory framework have grown louder. The Canadian federal government has, until last week, taken the simple approach of prohibiting the use of UAVs: “No…more

Supreme Court Rules on Cheerleader Uniform Case

On March 22, 2017, the Supreme Court rendered its decision in what many refer to as the cheerleader uniform case. Star Athletica, LLC v. Varsity Brands, Inc…more

How Long Do Criminal Cases at the Illinois Supreme Court Remain Pending?

Yesterday, we began our review of lag times at the Illinois Supreme Court with a review of the Court’s civil cases from 2010 to 2016. Today, we turn our attention to the Court’s criminal cases. We have grant-to-oral argument date…more

4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate

A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS (M.D. Fla…more

Supreme Court Bars Laches Defense, Leaves Statute of Limitations in Patent Suits

One more Federal Circuit decisions bites the dust. Today, in SCA Hygiene Products AB v. First Quality Baby Products, LLC, the Supreme Court held that the equitable doctrine of laches (undue delay) cannot be invoked as a defense…more

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer in a Title…more

European Parliament Publishes Report on Fifth Money Laundering Directive Proposal

On March 9, 2017, the European Parliament published a report on the Fifth Money Laundering Directive (MLD5), this being the same report adopted by the Parliament’s Economic and Monetary Affairs Committee (ECON), as well as Parliament’s…more

Burr Alert: Lenders Beware: 11th Circuit holds borrower’s false oral statement regarding single asset does not provide basis for non-dischargeability action under § 523(a)(2)(A)

Section 523(a)(2) of the Bankruptcy Code is clear that a debtor can discharge a debt for money obtained by a false statement respecting the debtor’s financial condition unless that statement is in writing. What hasnot been clear is…more

Maybe 2018 Will Be the Year We Finally See How the California Safer Consumer Product Regulations Will Work in Practice? Spray Polyurethane Foam May Be First Up at Bat

DTSC has released the rulemaking for its second selected “priority product” which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates. This is a product that is actually manufactured and sold in California…more

VIE Validity Still Unsure - It may be premature to conclude that the decision of China’s Supreme People’s Court in last year’s Ambow case provides legal cover for variable interest entity structures

A 2016 judgment (the “Judgment”) made by the Supreme People’s Court of China (the “Supreme Court”) was believed by some scholars and practitioners to confirm judicial recognition of the VIE structure. We believe the Supreme Court did…more

Employers Closely Follow Gorsuch Confirmation Hearing as He May Cast Deciding Vote on Validity of Class Action Waivers

March 22, 2017 marks the third day of the confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch. Many employers throughout the Carolinas are watching the process with interest given the impact Judge Gorsuch would have on…more

Legal and Compliance Coordination – An Essential Foundation to an Effective Compliance Program (Part IV of IV)

Here is a profound grasp of the obvious – Lawyers can be difficult people. Some like to condemn the profession in its entirety (and carry with them a collection of lawyer jokes). As an attorney, I beg to differ. Many professions…more

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior general…more

It’s OFCCP Audit Time! Six Questions Contractors Should Ask Themselves

Starting February 17, the Office of Federal Contract Compliance Programs began mailing Corporate Scheduling Announcement Letters to approximately 800 contractor establishments. CSALs are notices sent to contractors advising them that…more

Disputed Federal Regulatory Duty Allows Federal Question Removal

As we’ve mentioned before, we watch state-law litigation over genetically-modified organisms (“GMOs”) because they tend to produce interesting results on federalism issues such as preemption, since anti-GMO zealots often try to…more

The Browns Employ Creative Use of NFL Salary Cap Structure For Future Success

In a league well known for the copycat tendencies among its franchises, the Cleveland Browns may have set a new National Football League (NFL) standard for evaluating and completing trades. After flirting with a 0-16 season in…more

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