Latest Updates

IRS Resumes Issuing Transactional Spin-Off Rulings

On September 21, 2017, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2017-52 (the “Rev. Proc.”), introducing an 18-month “pilot program” in respect of corporate “spin-off,” “split-up” and “split-off” transactions… more

President Trump Plans New Travel Ban, Details to Come

The White House announced that it will institute new restrictions on travel from several countries to the United States, replacing the travel ban that was put into place earlier this year and will expire on Sunday. Unlike that ban… more

2017 Manufacturing Employment Law Update

Oregon Equal Pay Act - In June, Governor Brown signed the Oregon Equal Pay Act of 2017. Although many provisions of the Act do not take effect until January 1, 2019, employers should be aware of the changing legal landscape… more

[Audio]The Data Report Special Edition (Part II): The Equifax Data Breach

Litigation attorney Jay Ward studies Equifax's conduct in the aftermath of the data breach in this episode of The Data Report. Jay discusses the company's missteps, including accidentally directing customers to a fake phishing site… more

Underground Storage Tank Closure/Environmental Assessment: Commonground Blog Post Asks Whether A Data Gap is Considered a Recognized Environmental Condition?

A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues related to… more

Fractal Geometry, Actuarial Risk, and §1332 Waivers—The Role of the States in Reforming Health Care

At this writing, the prospects for success of the latest Republican effort to replace the Affordable Care Act appear bleak — but the Graham-Cassidy bill on which the GOP has pinned its last-ditch hopes highlights a major political and… more

Employment Flash - September 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate court's… more

Departing Employees: Ensuring Protection of Trade Secrets and Intellectual Property

“Knowledge is power” goes the old adage. Well, that is certainly true in the world of business where secret processes, confidential designs, and even a good customer list can give a business a vital commercial edge over its rivals… more

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the firing was not illegal

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his or her… more

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

Equip: IP Litigation Case of the Week - The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation means the… more

OTA & Travel Distribution Update - Sep. 15th, 2017

Our weekly OTA & Distribution Update for the week ending September 15, 2017 is below. The week’s short Update features a heavy dose of OTA stories..… more

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the Eleventh… more

Risky Business: Mitigating Exposure Through Comprehensive Risk Management

Ropes & Gray is pleased to share “Risky Business,” a comprehensive report on trends and best practices in risk management. Based on a survey by FT Remark, a research service from the Financial Times that interviewed 300 general… more

USCIS Resumes Premium Processing for 2018 H-1B Cap Cases

On September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume the premium processing service for fiscal year 2018 H-1B cap cases… more

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and Answers on Title… more

The Pre-Action Protocol for Debt Claims

The Pre-Action Protocol for Debt Claims comes into force on 1 October 2017. This note deals with the key elements to be aware of. Applicability - While the Protocol is named the Pre-Action Protocol for Debt Claims the first… more

Michigan Grants Needed Tax Relief to Victims of Hurricanes Harvey and Irma

The Michigan Department of Treasury has announced that it will join taxing authorities across the country by allowing taxpayers affected by Hurricanes Harvey and Irma an extension of time in which to file state tax returns for 2016… more

Healthcare Data Breach Litigation Trends

Companies that have a breach involving PHI worry not only about fines and penalties imposed by HHS, but about class action lawsuits. The risk that a class action lawsuit will lead to financial liability, however, is often… more

Cyber Week in Preview: SEC Hack, Equifax CEO on Hot Seat and Energy Sector Cyber Spend

As we start the new week, a recap of major cybersecurity developments: Equifax CEO Faces Senate Committee – Senate staffers are busy readying cross examination scripts for the testimony next week of Equifax Inc. Chief Executive… more

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in patent cases… more

Employers Looking Forward to a GOP Labor Board Must Exercise Patience

As the Trump administration begins to exercise its power through U.S. agencies enforcing federal employment laws, two Republican appointees will soon reshape the National Labor Relations Board (NLRB) with a majority presumably more… more

Federal Circuit Rejects Eastern District of Texas’s Post-TC Heartland Venue Test

In In re Cray Inc., the Federal Circuit directed the Eastern District of Texas to transfer a patent infringement case brought by Raytheon against Cray out of the district. In doing so, the Federal Circuit rejected the district court’s… more

Hurricanes, PREPA, and Puerto Rico electric grid

Hurricane Maria has hit Puerto Rico, damaging the island's electric grid and causing systemic power outages. The storm made landfall on September 20 as a Category 4 hurricane with winds at 155 miles per hour… more

Illinois takes the lead on employee privacy: What employers need to know

When it comes to employee privacy protection, employees in the United States generally do not have a right to privacy in their workplace. By contrast, members of the European Union recognize employee rights to privacy and specifically… more

Shearman & Sterling’s Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal Circuit’s… more

A road map to Life Sciences M&A in Italy

U.S.-based life sciences companies considering transactions in Europe may easily become overwhelmed with the complexity of Europe’s various jurisdictions. In this series, members of our European Life Sciences Transactions Team provide… more

Perpetual Easement or Expired Restriction? Mass. Appeals Court Weighs In

In its decision this week in Perry v. Aiello, the Massachusetts Appeals Court addresses an interesting question: whether a 1947 grant of easement-like rights created an affirmative easement, which can be perpetual, or a disfavored… more

New Measures to Combat Chinese Trade Secrets Theft: Will They Work?

For trade secret owners, international IP theft is of particular concern because of the difficulty in catching and enforcing remedies against the thieves. For many U.S. companies with a global reach, an overriding concern has been how… more

New European Commission proposals aimed at promoting growth and investment in Europe

The European Commission has proposed a series of reforms to strengthen and further centralise supervision of the European capital and financial markets at the EU level with the aim of creating stronger and more integrated markets… more

The Evolution of Repeal and Replace

The Republican evolution on health care over the course of 2017 has tested the resolve of the party’s years-long effort to repeal and replace the Affordable Care Act (ACA). The Republican goal of repeal and replace has reached a fever… more

Top Ten International Anti-Corruption Developments for August 2017

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This… more

Read This Case. Slap Your Head. Not Too Hard.

Having read thousands of court opinions during my 30+ years as a litigator, I’ve learned to assume that there are things going on beyond what can be gleaned from the court’s written decision, and that these hidden factors may explain… more

Lowe’s Companies Sued by EEOC for Disability Discrimination

Cleburne Store Demoted Department Manager After Denying Him an Accommodation for Spinal Cord Injury, Federal Agency Charged - DALLAS - Lowe's Companies, Inc., a chain of home improvement and hardware stores with locations across… more

NYSE Proposes Change in Material News Releases After Closing

The New York Stock Exchange has filed a proposal that will prohibit listed companies from issuing material news after the close of trading (generally 4:00 p.m. Eastern Time) until the earlier of the publication of the company’s… more

Views on Venue -- Take Two: Did the District of Delaware Get It Right?

We recently reported that Chief Judge Stark of the District of Delaware interpreted the second prong of the patent venue statute, 28 U.S.C. § 1400(b), in Bristol-Myers Squibb Company v. Mylan because the first prong was no longer… more

The Smoke Clears? AB 133 Passes - Bill Makes Numerous Changes to California Cannabis Laws — Effective Immediately

Further amendments to California law regarding licensed commercial cannabis businesses were enacted when Gov. Jerry Brown signed AB 133 on Sept.16. Going into effect immediately, AB 133 removes the requirement that different commercial… more

To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trends

Can you guess what the global spend on cybersecurity will be this year? Gartner recently provided a forecast, see how close you can come to guessing the amount..… more

California Environmental Law & Policy Update - September 2017 #4

Environmental and Policy Focus - Water district vote deals major blow to California's delta tunnel project - Los Angeles Times - Sep 19 - By a 7-1 vote, the Westlands Water District board on Tuesday decided not to join the… more

Sandoz Announces New Data For Its Adalimumab Biosimilar

Last week, Sandoz announced new data reportedly showing that its proposed adalimumab biosimilar matches the safety and efficacy profile of Humira®. The data was obtained from a long term study of patients with moderate-to-severe… more

Federal Circuit Clarifies Venue Law in the Wake of TC Heartland

On September 21, the US Court of Appeals for the Federal Circuit issued an opinion in In re: Cray Inc. clarifying how district courts should determine whether a patent infringement defendant maintains a “regular and established place… more

Corporate and Financial Weekly Digest - Volume XII, Issue 36

SEC/CORPORATE - Implementation of Pay Ratio Disclosure Requirement Not Expected to Be Delayed - On September 15, at the ABA Business Law Section Annual Meeting, the Securities and Exchange Commission (SEC) Division of Corporation… more

México: Cierre del Tribunal Federal de Justicia Administrativa a Causa del Terremoto

En vista del sismo ocurrido el pasado 19 de septiembre de 2017 que impactó Ciudad de México y estados colindantes, el Pleno General de la Sala Superior del Tribunal Federal de Justicia Administrativa, declaró inhábiles los días del 19… more

NASAA Survey Finds Seniors Are Most Vulnerable to Financial Fraud

On August 21, 2017, the North American Securities Administrators Association (“NASAA”) released a survey on senior citizens and financial exploitation. The survey of the state securities regulators highlighted, among other things, the… more

Tennessee Business Court Awards Big Bucks against Violator of Tennessee Consumer Protection Act

On May 23, 2017, in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al., No. 16-117-BC, the Tennessee Business Court found that the only remaining defendant, Raymond Enriquez, had defrauded the plaintiff and violated… more

The Department of Transportation Helps Clear the Road for Autonomous Vehicles

The US Department of Transportation’s National Highway Traffic Safety Administration recently released A Vision for Safety 2.0, an update to its prior guidance on automated driving systems. The new guidance adopts a voluntary, flexible… more

Court Rules on D-Link Motion to Dismiss in FTC Matter

On September 19, 2017, Judge Donato of the Northern District of California ruled on Defendant D-Link System Inc.’s (D-Link) Motion to Dismiss, which challenged claims by the Federal Trade Commission (FTC) that D-Link’s conduct… more

Federal Energy Regulatory Commission Holds that a State Agency Waived its Authority to Issue a Water Quality Certification by Failing to Act Within the Statutory Period; Quashes One Way States Can Block Interstate Natural Gas Pipeline Project Construction

On September 15, 2017, the Federal Energy Regulatory Commission (FERC) issued an order holding that the New York State Department of Environmental Conservation (NYSDEC) waived its authority under the Clean Water Act (CWA) by failing… more

In Alabama: Lenders Must Strictly Comply with Notice Requirements

The Alabama Supreme Court recently released an opinion interpreting the pre-foreclosure notice requirements contained in paragraph 22 of the standard mortgage form. In short, strict compliance is required. The Court in Ex Parte Turner… more

The Department of Education Withdraws Obama-Era Title IX Guidance, Issues Interim Q&A

On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most assumed it… more

The Massachusetts Attorney General’s Complaint Against Equifax

As most are aware, the Massachusetts Attorney General has won the race to the courthouse and been the first regulator to file suit against Equifax… more

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