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[Audio]Law School Toolbox Podcast Episode 98: Top 1L Questions: Non-Traditional Law Students

Welcome back! Today we are sharing tips for the non-traditional law students out there. If you're getting ready for law school, this episode is going to be one you definitely want to flag! There is great stuff in here that even… more

A key to the Capital Markets Union turns slowly

Reviving the largely moribund European securitisation market is key to the European Commission’s ambitious Capital Markets Union which was launched in September 2015. As the European Commission said at the time, securitisation can… more

SEC Issues Ransomware Risk Alert Highlighting Cybersecurity Best Practices

On May 17, 2017, the U.S. Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert regarding the “WannaCry” ransomware worm that infected hundreds of thousands of… more

Renewable Energy Update - May 2017 #3

Renewable Energy Focus - Non-utility suppliers could serve 85% of load by mid-2020s, according to new CPUC report - Utility Dive - May 17 - A new report from the California Public Utilities Commission (CPUC) and the… more

HHS Issues Cyber Threat Warning to US Hospitals and Medical Providers

In light of last week’s ransomware attacks overseas targeting hospitals and other providers, HHS is notifying providers in the United States of a warning issued by the United States Computer Emergency Readiness Team (US-CERT) regarding… more

Cava v. Champagne: A Trademark Lawyer’s Guide

Those of you attending the annual International Trademark Association conference in Barcelona may be drinking a glass of Cava right now and wondering: what makes sparkling wine different from regular wine, and what is the real the… more

Health Alert (Australia) 15 May 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 5 May 2017 - Inquest into the death of Heather Fotiades [2017] NTLC 012 Medical practitioners prescribing high dose opioids for chronic… more

Superior Court Invalidates Hexavalent Chromium Drinking Water Standard

Earlier this month, Judge Christopher E. Krueger of the Sacramento Superior Court issued an order invalidating the Maximum Contaminant Level (MCL) for hexavalent chromium. The California Department of Public Health (“DPH”) established… more

Shire Development, LLC v. Mylan Pharms., Inc.

Case Name: Shire Development, LLC v. Mylan Pharms., Inc., No: 12-1190-T-36AEP, 2017 U.S. Dist. LEXIS 11441 (M.D. Fla. Jan. 27, 2017) (Honeywell, J.). Drug Product and Patent(s)-in-Suit: Lialda® (mesalamine); U.S. Patent No… more

Can Employers Require Medical Confirmation of Pregnancy for FLMA Leave Purposes?

When an employee seeks Family and Medical Leave for a serious health condition, the company routinely gives the employee requesting the leave the DOL medical certification form to be completed by their healthcare provider. In several… more

Forgiveness of Debt Can Prove Unforgiving, But a New Federal Court Decision Gives Cause for Optimism

A federal court in New Jersey recently dismissed a putative class action filed under the Fair Debt Collection Practices Act, which had argued that it was deceptive conduct for a debt collector to inform the debtor that forgiveness of… more

Fake News, Fake Tender Offer, Yields SEC, DOJ Charges

The Commission brought an enforcement action, in conjunction with the Manhattan U.S. Attorney’s Office, charging Robert Murray with conducting a fake tender offer using fake news. The purpose was to manipulate the share price of… more

Emeryville Strikes Again: Another Employee-Friendly Ordinance to Take Effect

San Francisco’s notoriously employee-friendly ordinances continue to set the standard for its neighboring cities. Emeryville, which is across the bay from San Francisco and neighbors Oakland, recently passed a fair workweek ordinance… more

Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com, the… more

EEOC Announces Featured Speakers at Annual Excel Conference on Employment Discrimination Law

AARP CEO to Deliver Keynote Speech on Persistent Problem of Age Bias - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that several nationally known authorities on equal employment opportunity… more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US Actions in… more

Future IP Challenges: What Companies in the Internet of Things Space Can Expect

In this hoganlovells.com interview, Hogan Lovells partner Dr. Chris Mammen looks at the platforms that could emerge to dominate and drive the internet of things (IoT) space and the related patent and licensing issues that will emerge… more

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA) corrective… more

US Supreme Court Limits Venue in Patent Cases—Is It the Death Knell for Forum Shopping?

On May 22, the United States Supreme Court handed down an important unanimous decision regarding venue in patent cases, reversing a nearly 30-year-old Federal Circuit precedent and limiting "residence" for domestic corporations to the… more

The FCA introduces a ban on right of first refusal clauses

In May 2015, the Financial Conduct Authority (FCA) launched a market study on investment and corporate banking services to consider issues including choice of banks and advisers for clients and the bundling and cross-subsidisation of… more

A Step in the Right Direction: IRS Rules on North-South Spinoffs

The Internal Revenue Service (IRS) recently released guidance on certain “north-south” spinoff transactions. Generally, a “north-south” transaction consists of a transfer of property from a shareholder to a corporation close in time… more

Congress members buy, sell sector stocks even as they make health care law

The U.S. Congress, based on its members’ legally required financial disclosures, fares far better than most. Senators and representatives are worth a net $1 million on average. But is it seemly for so many of our crucial voices in the… more

4 Idiotic Excuses Professionals Make to Dismiss Social Media

The basketball player Jeremy Lin rode the bench for his first few years playing professional basketball. This Asian-American had graduated from Harvard and simply did not fit the mold of what most coaches and scouts viewed as NBA… more

Seventh Circuit: Bank May Challenge CAMELS Rating

A bank may challenge the rating it received from the Federal Deposit Insurance Corporation (FDIC) under the CAMELS system, the U.S. Court of Appeals for the Seventh Circuit determined, because while the agency has discretion to set… more

TC Heartland LLC v. Kraft Foods Group Brands LLC (2017)

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed the Federal Circuit and held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of… more

WannaCry Ransomware Cyberattack Raises Legal Issues

The recent cyberattack highlights the need for firms to engage in proactive prevention and protection. Ransomware (malware that encrypts data pending an extortion payment) is a recurring cyber threat that is growing more pervasive… more

Amgen v. Sandoz Jury Trial Pushed Off

A Stipulation and Scheduling Order for Trial (Order) entered on May 19, 2017 in the Amgen v. Sandoz litigation rescheduled trial for March 26, 2018 (from December 18, 2017), and pushed back other pre-trial deadlines. According to the… more

Manatt on Medicaid: A Closer Look at Wisconsin’s Premium Proposal

The State of Wisconsin recently proposed a Medicaid waiver that includes a number of precedent-setting features, including a 48-month time limit on enrollment (with the limit paused for periods of employment or job training), and… more

Thwarting Shareholder Activism Through Engagement

As the 2017 proxy season draws to a close for most companies, it is obvious that shareholder activism remains alive and well, though the actual number of public activist campaigns appears to have tapered off slightly as compared to… more

CAS Legal Mailbag Question of the Week – May, 2017 #3

Dear Legal Mailbag: I am new to my position as principal of a small elementary school and, frankly, I am surprised at how low energy my teachers are. It seems to me that they do the absolute minimum whenever they can. Originally… more

U.S. Supreme Court Limits Venue in Patent Infringement Cases

In TC Heartland LLC v. Kraft Foods Group Brands LLC,1 the U.S. Supreme Court unanimously reversed the U.S. Court of Appeals for the Federal Circuit, holding that "residence" for venue purposes in patent infringement cases refers only… more

Operationalizing Compliance: Part II – Breaking Through Obstacles

This week I am engaging in a week-long series on how a Chief Compliance Officer (CCO) or compliance practitioner might think about operationalizing a compliance program with other corporate functions and disciplines. I am joined in… more

There's No Place Like Home: SCOTUS Rules on Patent Venue Issue

The U.S. Supreme Court yesterday upended the status quo for venue in patent cases. For nearly three decades, with some limitations, corporate patent infringement defendants were deemed to "reside"—and thus venue was proper—in any court… more

Did WannaCry make you want to cry? Real risks for landlords and tenants

As the extent of the damage caused by the recent WannaCry ransomware virus becomes clearer, businesses across the world have been reminded of the critical importance of cyber security measures, and the potential fall-out should those… more

Thailand Business Security Act 2017

Welcome to the installment of DLA Piper Alerts on Thai laws. The continuing series seeks to provide an overview of laws of Thailand and legal updates on a targeted basis. The Business Security Act B.E. 2558 (2015) (the BSA), which… more

[Webinar] OSHA Interpretations and Variances: Regulatory Strategies Resurrected in a Trump Administration - June 6th, 1:00pm ET

A new world has just taken hold in Washington, DC, and with it, we expect OSHA to be much more open to employers’ views how regulatory programs should apply in their workplaces. This opens the door to regulatory strategies designed to… more

Shareholder Rights Directive: Parliament Resolution at First Reading to Adopt Directive

On 14 March 2017, the European Parliament resolved to adopt the Commission's proposal to amend the Shareholder Rights Directive. The amendments approved by Parliament include..… more

Health Care Weekly Preview from ML Strategies – May 2017

We are half way through May – are we having fun yet? There is a lot of activity this week in addition to ongoing talks in the Senate regarding their version of the American Health Care Act. The reauthorization of FDA User Fees… more

FDA Approves Expanded Use of Small Molecule Drug Kalydeco on the Basis of In Vitro Data

On May 17, 2017, Vertex Pharmaceuticals small molecule drug Kalydeco® (ivacaftor) was approved by the U.S. Food and Drug Administration (FDA) for use in treating an expanded population of cystic fibrosis patients with particular… more

The Time is Right to Contact Recordkeepers About Hardship Substantiation

If your 401(k) plan recordkeeper has not talked to your company lately about hardship distributions, it may be time to reach out to the recordkeeper. The short story is that the IRS recently issued an internal memorandum providing… more

U.S. Supreme Court Says: We Mean It--You Can’t Single Out Arbitration Agreements for Disfavored Treatment

On Monday, May 15, 2017, the Supreme Court issued its latest reminder to state and lower federal courts that they must treat arbitration agreements as equally valid as all other contracts. In Kindred Nursing Centers Limited Partnership… more

Supreme Court Ruling Affects Patent Venue

The patent venue statute, 28 U.S.C. 1400(b) (the statute), states that "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of… more

Ninth Circuit Affirms First Federal Criminal Jury Conviction for Economic Espionage

The U.S. Court of Appeals for the Ninth Circuit on May 5, 2017 upheld the 2014 convictions of a California businessman, Walter Liew (“Liew”), and his company USA Performance Technology, Inc. (“USAPTI”), for various violations of the… more

Weapons in the Cyber Defense Arsenal

In May 2017, the world experienced an unprecedented global cyberattack that targeted the public and private sectors, including an auto factory in France, dozens of hospitals and health care facilities in the United Kingdom, gas… more

Medical Residents and Title IX - What Teaching Hospitals Need to Know

Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private hospital's… more

MLB Teams Extend Protective Netting After Series of Spectator Injuries at Parks

Anyone involved in organized sports already knows the importance of remaining alert and keeping an eye on the ball during a game, both to make a play and to avoid a potentially serious injury. What about spectators at the ballpark?… more

The United States Supreme Court Limits Where Patent Infringement Cases Can Be Filed

The United States Supreme Court limited the locations where patent infringement suits can be filed, in its decision in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017. Previously, patent owners could sue wherever they… more

Follow-Up on Open-Ended Funds and Illiquidity

On 4 July 2016, Standard Life Investments suspended trading as a result of investors flooding the gates for redemptions. Several other funds, such as M&G and Aviva Investments, followed suit throughout the same week. By October 2016… more

And On The Seventh Day…

In Mendoza v. Nordstrom, Inc., the California Supreme Court answered some unsettled questions regarding the state’s day of rest statutes. In short, these provisions of the California Labor Code provide that employees are entitled to… more

Avoid Legal Pitfalls Selling Minnesota Multifamily Properties

Whether you are new to selling rental proper­ty or deal exclusively in rental property, this article offers two examples of state and local laws that apply dif­ferently to sellers depending on the number of rental units at the… more

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