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A Mixed Bag for Kyle Bass: Three Wins and Eight Losses at the PTAB

Over the past two years, hedge fund manager Kyle Bass has continued his efforts to invalidate biopharma patents through inter partes review (“IPR”). Over the past month, he received eleven final written decisions from the PTAB. The…more

Son of Noel Canning? Worst Blog Title Ever? Supreme Court Takes Another Shot at NLRB Vacancy History

How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President Obama’s…more

Partner and Firm Profitability in 3 Steps: Plan, Monitor, Bill (Part 2)

Inextricable - In part 1 of this series, we looked at macroeconomic trends in the legal market, including: flat-to-negative demand growth; rapid growth of the alternative legal service provider (ALSP) market as a result of firms…more

Doctrine of Laches Does Not Apply to Patent Damages

The Supreme Court of the United States in a 7-1 decision held that patent defendants cannot assert the defense/doctrine of laches to shorten the six-year statute of limitations for damages claims for patent infringement. SCA Hygiene…more

Theft of confidential information results in only nominal damages for employer

An employer was awarded only nominal damages from former employees who copied the employer’s confidential information but made no use, or limited use, of that information and did not cause any damage to the employer. So called "Wrotham…more

Tenant insolvency - Is there merit in a further moratorium?

The recent spate of high-profile company voluntary arrangements (CVAs), including those of BHS, Store 21 and more recently Love Coffee, The Food Retailer Group and Blue Inc, has placed this corporate rescue tool back in the spotlight…more

Can Reworking a Saltwater Disposal Well Maintain a Lease?

Should the sufficiency of reworking operations under the cessation-of-production clause of an oil and gas lease be limited to the producing well? Crystal River Oil and Gas, LLC et al v. Patton was a suit to terminate an oil and gas…more

Ultracare Las Vegas Settles EEOC Sex Discrimination Lawsuit

Placement Agency Fired Male Employee Because Of His Gender, Federal Agency Charged - LAS VEGAS - Ultracare Las Vegas, an ultrasound technician provider, will pay $15,000 and furnish other relief to settle a sex discrimination…more

Audit Letters Are In The Mail

As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters initiating audits…more

Supreme Court Holds Laches May Not Bar Patent Infringement Damages Within 6-Year Statutory Limitations Period

The United States Supreme Court announced today that laches, an affirmative defense based on an injured party’s delay in bringing suit, may not bar patent infringement damages within the six-year period under § 286 of the Patent Act…more

New Executive Order Directs Federal Agencies to Trim The Fat

Seyfarth Synopsis: President Trump’s executive order directs all federal agencies to point out where they can be trimmed down to meet his proposed budget. On Monday, March 13, President Trump signed Executive Order 13781 (EO)…more

OMB Claims Federal Progress on FISMA in 2016 But Much Work Remains

Earlier this week, the White House Office of Management and Budget (“OMB”) issued its 2016 Federal Information Security Modernization Act (“FISMA”) Annual Report. FISMA (last amended 2014) charges OMB with tracking the extent to which…more

Brexit ahead for TMT …8 months on

Eight months ago, just before the Referendum, I anticipated the implications of a Leave vote for the sector. Today sees the publication of the first results of the Hogan Lovells "Brexometer", which will track the attitudes of global…more

[Video]Everything Compliance-Episode 9, DOJ Evaluation of Corporate Compliance Programs, Part II

This episode is dedicated to the Justice Department’s Evaluation of Corporate Compliance Programs, which was released in February. In this episode, Jay Rosen and Jonathan Armstrong provide next insight. Listen to last week’s Episode 8…more

Court Uses an "In Camera" Review for Purposes Other than Privilege or Work Product Assessment

Adversaries challenging litigants' privilege or work product assertions necessarily "shadow box" with the litigants -- because the adversaries cannot see the withheld documents. Courts often review such withheld documents in camera to…more

Price Setting Bots Aren’t Price Fixing Bots, and Airline Tariff Publishing is Wrong

On Thursday, March 16, 2017, in a speech at the Bundeskartellamt’s 18th Conference on Competition, European Commissioner for Competition, Margrethe Vestager, discussed the specter of automated price fixing cartels. She mentioned the…more

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in large…more

Supreme Court Decides SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC

On March 21, 2017, the Supreme Court of the United States decided SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927, holding that a defendant cannot invoke laches against a damages claim asserted within…more

Federal District Court Dismisses CFPB Enforcement Action Against Payment Processor; UDAAP Not Sufficiently Pled

A federal district court judge for the District of North Dakota has granted a payment processor's motion to dismiss an enforcement action brought by the Consumer Financial Protection Bureau (CFPB or Bureau). This is one of a few…more

New Travel Ban/Executive Order Stayed by Courts

On March 15, 2017, the U.S. District Court for the District of Hawaii blocked the Trump Administration's new travel ban, Executive Order No. 13,780 (EO). The Court issued a nationwide temporary restraining order that blocks enforcement…more

Side by Side Comparison – The Affordable Care Act and the American Health Care Act

The House plans to vote on the American Health Care Act (AHCA) on Thursday. While this is only the beginning of the political and legislative process for the so-called Obamacare repeal bill, it’s important for health care stakeholders…more

Blog: SEC Approves T+2

At an open meeting this morning, the SEC voted to adopt an amendment to Rule 15c6-1 under the Exchange Act to shorten the standard settlement cycle for most broker-dealer transactions from three business days after the trade date (T+3)…more

Coalition Sends Letter To Trump On Ethanol Policy Changes

On March 7, 2017, the Governors’ Biofuels Coalition sent a letter to President Trump requesting the Administration’s support for changes to various federal policies to strengthen biofuels production and expand markets for ethanol and…more

Maryland General Assembly Considers Bill To Require Written Policies For Homeowner Association Payment Plans

Senate Bill 1115, filed in the Maryland General Assembly, would require homeowner associations to adopt a written policy if it permits payment plans for homeowner fees and other charges. The new law would add Section 11-114.1 to the…more

Using documents previously disclosed in earlier litigation

The restrictions on the collateral use of documents previously disclosed in separate litigation have recently come under the judicial spotlight. The word ‘use’ has been defined extremely broadly to cover even the act of reviewing the…more

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced by Senators…more

Canadian government creates no-fly zones for recreational drone users

Many of Canada’s cities have effectively become “no-fly zones” for recreational drone users as a result of a recent extraordinary measure taken by the Minister of Transport. On March 13, 2017, Canada’s Transport Minister Marc…more

TRIM – Is the ECB prematurely implementing Basel IV reforms?

The Basel Committee has not yet found consensus in favour of the so-called Basel IV proposals1. One of such proposals' key pieces, a review of the conditions in which banks will be allowed to use internal models to determine own funds…more

Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel

The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March 21, 2017)…more

Supreme Court Uses Labor Case To Again Stifle Presidential Power

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a labor…more

Pursuing non-performing loans in the Middle East A key issue checklist for financial institutions

With liquidity again becoming a serious concern in the region, we are witnessing a sharp uptick in the number of instructions from regional and international lenders relating to (i) regional borrowers failing to repay a loan; and (ii)…more

PTAB Institutes Two IPRs in Hospira v. Genentech Avastin Dispute

Bevacizumab (Avastin®) is the subject of the widely watched “patent dance” dispute between Genentech and Amgen regarding Amgen’s proposed biosimilar. Hospira, however, (now owned by Pfizer) has chosen a different path in challenging…more

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust analysis…more

V2V Communications: Motor Vehicle Safety Guidelines

NHTSA believes vehicle-to-vehicle (V2V) communications will serve as a complementary necessity to fully realizing the safety benefits of automated vehicle technologies. As such, establishing safety guidelines around this technology has…more

"Key Takeaways: Lessons Learned From Tax-Related Whistleblower Litigation and Shareholder Actions"

On March 8, 2017, Skadden hosted a webinar titled “Lessons Learned From Tax-Related Whistleblower Litigation and Shareholder Actions.” The Skadden panelists were tax partners Nathaniel Carden and Armando Gomez, and litigation partner…more

Boardroom Perspectives: How Directors Can Use Sustainability to Drive Value

Boards frequently encounter sustainability and other environmental, social and governance (ESG) issues in the oversight of a company’s operations, management, financial reporting and public disclosure. Investors increasingly highlight…more

The Supreme Court - March, 2017 #2

The Supreme Court of the United States issued decisions in three cases today: SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927: Petitioner SCA Hygiene Products Aktiebolag (“SCA”) brought a patent…more

SCA Hygiene v. First Quality Baby Products: Laches Defense Limited in Patent Infringement Cases

On March 21, 2017, the Supreme Court of the United States held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be used as a defense against damages for patent infringement where the…more

Foreign Private Issuers May Begin Submitting Their Financial Statements in XBRL

On March 1, 2017, the Securities and Exchange Commission (SEC) provided notice that the International Financial Reporting Standards (IFRS) taxonomy has been published on the SEC’s website as provided for by the EDGAR Filer Manual…more

Supreme Court Shuts the Door on Patent Laches

In a widely anticipated move with implications for patent litigation across the country, the Supreme Court ruled today that the equitable defense of laches is not available to limit damages in patent infringement cases subject to the…more

Even In Nevada, “Get It Writing” May Not Be Far From The Mark

A recent ruling by U.S. District Court Magistrate George Foley, Jr. serves as a reminder the “get it in writing” tends to be good advice. The case involves a casino’s attempt to enforce a $3 million gaming debt incurred by one of its…more

Collective Strata Sales: Fact v Fiction

The new NSW strata legislation commenced late in 2016 with the showstopper reform that owners in a strata scheme can now take part in a collective sale of the whole scheme on a 75% and above vote…more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is "both," do…more

NCUA Requests Public Comment on Use of Alternative Capital for Credit Unions

The National Credit Union Administration (“NCUA”) has issued an Advanced Notice of Proposed Rulemaking (the “Rulemaking”) addressing the use of alternative capital for federally insured credit unions (“FICUs”)...…more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using company…more

Ingestible e-Pill Approved For Use in Hospitals

BodyCap, a France-based company said to be dedicated to the development of miniature wireless electronic sensors, recently announced that its e-Celsius® device has earned CE mark approval and is now commercially available for hospital…more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us or see our…more

New Administrative Penalties Against Individuals and Private Companies as Part of Mexico's Fight Against Corruption

On July 19, 2017, Mexico's new General Law on Administrative Accountability will take effect, imposing serious penalties on individuals and private companies that violate it, and requiring companies to adopt and implement corporate…more

If You Checked The Box, You’re Bound By The Contract

A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”…more

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