Latest Updates

Jury Verdict of Patent Infringement in Favor of iLife Against Nintendo Awarding $10 Million in Damages

Judgments and Awards - On August 31, 2017, a jury in the Northern District of Texas returned a verdict of patent infringement in favor iLife and against Nintendo. The case went to trial after the Federal Circuit on July 26, 2017… more

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred prosecution… more

Court Cases Challenge English-Only COBRA Election Procedures

Two pending federal cases could reveal situations in which employers with a significant multi-lingual workforce should provide translated versions of their COBRA election materials… more

Alarming Trend Continues with Weymouth Condo Fire

Yet another under-construction residential complex nearing completion has been ravaged by fire, this time in the South Shore community of Weymouth, Massachusetts. In the early morning hours of Sept. 14, a four-alarm fire at the… more

OIG Study Finds States Are Not Using Medicaid Payment Suspensions

A recent HHS OIG review of 2014 data on fraud allegations found that significant challenges were limiting the States’ use of payment suspensions, even in the face of what CMS determined were credible allegations of provider fraud… more

And who is going to pay for it? The State’s new draft guidelines for educating expelled students

In 2016, Connecticut’s General Assembly passed Public Act 16-147: AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE. This Act made several changes to school discipline laws which were to take… more

FDA Weighs in on Off-Label Use and Preemption

Back in 2013, Ramirez v. Medtronic Inc., 961 F. Supp.2d 977 (D. Ariz. 2013), made it to #9 on our worst cases of the year list – which is pretty good (actually, pretty bad) for a trial court decision. Purporting to apply Stengel v… more

Maria - Concurrent Causation in Puerto Rico

While Puerto Rico was spared a direct hit from Hurricane Irma, it now appears it will face the full brunt of Hurricane Maria. Maria is projected to strike Puerto Rico as a Category 4 Hurricane. Many of the same concurrent causation… more

New York’s Cybersecurity Requirements Pose Multi-Year Compliance Challenges

New cybersecurity regulations issued by the NYDFS define the nonpublic information they regulate in exceptionally broad terms. This expanded definition of Nonpublic Information will create major challenges for regulated companies and… more

. . . And Your Name Is? Court Orders Anonymous Parallel Importer To Reveal Itself In “Lever Rule” Trademark Challenge

We recently hosted an event at the firm where we discussed legal issues concerning parallel imports in the transportation industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule” protection caught… more

Procedural FACTA Violation Failed To Satisfy Article III’s Standing Requirement

In Stelmachers v. Verifone, the United States District Court for the Northern District of California dismissed a Fair and Accurate Credit Transaction Act (“FACTA”) complaint because the plaintiff failed to satisfy Article III’s… more

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine Manufacturer… more

Blog: New ED Audit Guide Updates Requirements Concerning Third-Party Servicers

As discussed in our previous posts, the Department of Education’s new Audit Guide establishes new audit requirements applicable to for-profit schools and to compliance audits of third-party servicers that administer “any aspect” of the… more

Maybe the Yacht Was the Tip-Off

If you’re a surgical device distributor and you want to reward a surgeon for using your products on Medicare and Medicaid patients, you may want to choose a reward that’s less conspicuous than a yacht. That’s one lesson in the recent… more

IRS, PBGC and DOL Provide Additional Hurricane Relief

The IRS issued an announcement paralleling the relief granted to Hurricane Harvey victims to those in Florida affected by Hurricane Irma. Announcement 2017-13 (the “Announcement”) relaxes hardship distribution standards for employees… more

CFPB Provides Some Clarity on Alternative-Data Models Through No-Action Letter

On September 14, 2017, the CFPB issued a no-action letter – the first one ever issued by the agency – to a marketplace lender, stating that the agency had no present intention to take enforcement or supervisory action against the… more

Federal Education Secretary Announces Plans to Revamp Title IX Directives

The U.S. Department of Education recently announced plans to “revoke or rescind” current guidance addressing enforcement of Title IX. Secretary Betsy DeVos said earlier this month the department plans to review and overhaul guidance… more

European Commission paper on Brexit and IP

The European Commission has released a position paper on “Intellectual property rights (including geographical indications)” giving us the first indication of how the Commission will approach the Brexit negotiations with the UK… more

European Court Provides Further Clarity on Employee Monitoring

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Barbulescu… more

As Medical Food Industry Grows, So May FDA Scrutiny

On September 1, the United States Food and Drug Administration (FDA) issued a Warning Letter to ND Labs, Inc. of Lynbrook, New York, regarding its LPS Cherry, Liquid Fiber Flow, and Nana Flakes 'medical food' products. The Warning… more

OFCCP Offers More Hurricane Relief

On the heels of the exemption for Hurricane Harvey contractors, and given the additional widespread destruction caused by Hurricane Irma, the federal government has extended a deadline affecting federal contractors and subcontractors… more

False Claims Act Relators Be Warned: Rule 54’s Taxable Costs Award Lies Ahead for the Overeager Relator

In a published opinion last week, the Fifth Circuit sent a reminder to would-be False Claims Act (“FCA”) relators that they better think carefully before filing suit because while they may be seeking treble damages, they may ultimately… more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1990-2010 (Part 2)

Yesterday, we reviewed the individual Justices’ voting records in death penalty cases for the years 1990 through 1999. Today, we’re looking at the Justices’ voting records for the years 2000 through abolition in 2010… more

Losses Caused by Hurricanes: Are You Covered?

This hurricane season represents the first time in the history of record keeping that two Category 4 or higher hurricanes, Harvey and Irma, have struck the U.S. mainland in the same year. Within a month, Hurricanes Harvey and Irma… more

Some May Come and Some May Go: FDARA Brings Changes to User Fees and Other FDA Programs

On August 18, 2017, the President signed the FDA Reauthorization Act of 2017 (FDARA), which revises and extends several of FDA’s user fee programs. The user fee programs establish filing fees for various application types and other… more

Does the NAD’s Capillus Decision Baldly Contradict the FDA?

On September 12, the NAD released its decision in its review of the Capillus82 hair growth device (Case #6107). This case is unusual in that it addressed a challenge to a prescription-only medical device, and related closely to the… more

Europe Launches a New Cybersecurity Agency with Regulatory Authority

On 13 September 2017 the European Commission (“Commission” or “EC”) published a set of initiatives strengthening the EU cybersecurity strategy, mainly including: - A proposal for a “Cybersecurity Act”, consisting of a new regulation… more

Alert: M&A Lessons Learned from the Blocked Chinese Acquisition of Lattice Semiconductor

Last week, President Trump issued an Executive Order prohibiting the acquisition of Lattice Semiconductor Corporation (Lattice), a US computer chip manufacturer, by a Chinese investor. The president's order blocking the transaction was… more

Report: Employees Cited As Prime Cause Of Data Breaches At Small, Mid-sized Companies

For small and medium-sized businesses, the most dangerous cyberthreat may come from within. IT industry publication TechRepublic reports that a newly released study by Keeper Security and the Ponemon Institute suggests careless… more

Farewell to a Repo Man and Using Laconic Persuasion as a CCO

The life of a Repo Man is always intense… That was one of the greatest lines from one of the greatest movies from one of the greatest laconic actors of all time. Of course it was Harry Dean Stanton who died over the weekend. Along… more

Your Daily Dose of Financial News

The Systemic Risk Council—a heady group of “former top financial regulators, regulators, policymakers and academics”—is warning that the rollback of Dodd-Frank and other financial regulators could lead to bank failures and destabilize… more

[Video]Day 10 Of Innovation in Compliance-Improvisation in Compliance

How can you change the perceptions around compliance in your organization? With the Justice Department requirement, set out in the Evaluation of Corporate Compliance Programs, to more fully operationalize your compliance program, do… more

What are Trademarks?

Here at Winstead, we are fortunate enough to have two lawyers that were selected for inclusion in The Best Lawyers in America® 2018 in Trademark Law, Stan Moore and Cathryn Berryman. Before answering the question What are Trademarks?… more

What Effect Will the New Revenue Recognition Standard Have on M&A?

The Financial Accounting Standards Board's new revenue recognition standard is expected to have wide-ranging effects on M&A transactions. The new revenue recognition standard under GAAP will be applicable to public companies for annual… more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of potential… more

China’s ‘One Belt, One Road’ Initiative Creates Opportunities and Regulatory Challenges

In a time of shifting opinions on the benefits of globalization, China’s “One Belt, One Road” initiative (OBOR) offers an unexpected bright spot for multinational companies able and willing to participate in this… more

USCIS Reinstates Premium Processing for H-1B Cap Subject Petitions

USCIS announced on Monday, September 18, 2017, that it will immediately accept premium processing requests of all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. H-1B cap petitions filed in April 2017, requesting a start… more

Recent Trends on the U.S. Doctrine of Equivalents

U.S. courts have long recognized that a product or process which does not literally infringe a patent can nevertheless infringe under the "doctrine of equivalents" if it is equivalent to the claimed invention. The percentage of patent… more

The publication of the Macron ordinances

The long-awaited reform of French employment law is now on track. The French government (the "Government") presented five draft ordinances outlining the different topics and related modifications that should be formally ratified by the… more

The Rise of Managed Care Audits and Reimbursement Demands in the Wake of the ACA

If the summer of 2017 demonstrated anything, it is that health care remains a complex and contentious industry. One of its many complications stems from the natural tension between health care providers and health care insurers as to… more

Supreme Court Declines to Resolve Circuit Split on Debt Recharacterization

On August 10, 2017, the U.S. Supreme Court rescinded the grant of certiorari in PEM Entities LLC v. Levin on the grounds that review had been “improvidently granted.” The case seemingly provided a perfect vehicle to resolve the circuit… more

The Trump threat to 401(k) and the reality of it

When Donald Trump was elected President last November, there were quite a few people who promised gloom and doom as if it was the end of our republic. Despite the tweets and the drama, that really hasn’t panned out yet. Many in the… more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that people… more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and… more

Dow Takes its Gene Patents Row with Bayer to the Supreme Court to Avoid the $455 Million Arbitral Award

When a company agrees to arbitrate an international patent licensing agreement, the avenues for the appeal of the resulting arbitral award are very limited. Even the invalidity or expiration of the underlying patents may be… more

2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review

Welcome to BakerHostetler’s 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review. This edition delivers news, analysis and insights into key developments in the cross-border investigations and… more

California Takes One Step Closer to Imposing Reporting Requirements and Public Shaming for Employer Pay Gaps

When we last checked in on AB 1209, the Gender Pay Gap Transparency Act, the proposed legislation was making its way through the California Senate. After making a few key amendments, the Senate passed the bill on September 7, 2017… more

You Can’t Pass the Regulatory Compliance Buck with a Quality Agreement; FDA Reiterates the Point in a Recent Warning Letter

Companies can’t sign quality agreements and then say “we’re done.” This message was brought home with a recent Warning Letter issued by the Food and Drug Administration to a pharmaceutical company for violating current good… more

The Graham-Cassidy Bill: Evaluating the Latest ACA Repeal Measure

Last week, the Senate unveiled the Graham-Cassidy Bill, Republican legislators’ latest attempt to repeal the Affordable Care Act (ACA). Crafted by Sens. Bill Cassidy, R-LA, Lindsey Graham, R-SC, Dean Heller, R-NV, and Ron Johnson… more

Mind the Gap! Hurricanes may have significant impact on Gap coverage

Some estimates peg the number of cars flooded by Hurricane Harvey at more than a half million. So too, the number of flooded cars following Irma will be legion. This significant loss will likely lead to a significant number of… more

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Mike Bishop JD explores large emerging business opportunities that arise from evolving legal developments, structures or legislation. Areas of focus include: * comparative law and choice of…

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