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New California Law Takes Aim at Choice of Law Provisions in Employment Agreements

Borrowing from the famous tourism marketing tagline of its neighboring state, a new California law effectively tells employers, “what happens in California stays in California,” and gives employees the power to strike down choice of…more

State Attorneys General Urge FCC To Drop ISP Privacy Plan

The Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking in March of this year to assert the Commission’s regulatory reach over internet service providers (“ISPs”), specifically the manner in…more

Sustainable Development Update - September 2016 #3

Sustainable Development Focus - California school district to save millions - Solar Industry Magazine - Sep 29 - The Colton Joint Unified School District (CJUSD) in California and SunPower Corp. have announced plans to…more

Road to the Oval Office Podcast: First Debate Analysis

Following the first debate, Mark Alderman, Howard Schweitzer and Blake Rutherford analyzed the candidates' performance and discussed next steps on the campaign trail. Blake: Thank you very much and thanks to everyone who has…more

IRS Addresses RIC Qualification Matters Related to Derivatives and Use of Blocker Corporations

On Wednesday, September 28, the IRS and Treasury Department proposed regulations under Section 851 of the Code that, if finalized, could prospectively invalidate dozens of private letter rulings treating subpart F and passive foreign…more

CMS Delays Stricter Reviews of Medicare Home Care Claims

CMS recently announced a delay in the broad implementation of a stricter review program for Medicare home care claims that launched on a demonstration basis on August 3, 2016. CMS began the demonstration program to test whether a…more

Keeping It Confidential: How to Build a Better Nondisclosure Agreement

One misconception is that NDAs must contain certain exclusions as to what constitutes confidential information. Although these exclusions commonly appear in most forms of NDA’s, no law or rule requires they be part of the…more

Part I - TCPA: Regulatory - Calls By or on Behalf of the Federal Government

A number of organizations filed comments and/or reply comments regarding the National Consumer Law Center (“NCLC”)’s Petition for Reconsideration of the Broadnet Declaratory Ruling, which asks that the FCC reconsider its determination…more

Nursing homes barred from hiding patient harms behind a dubious legal shield

A 100-year-old woman is strangled by her roommate, but a lawsuit against the nursing home gets blocked from court. Another nursing home dodges a suit when a 94-year-old patient suffers an unexplained and fatal head wound. An Arizona…more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - September 2016

Leaders in the News: EnerNOC - This month we’d like to highlight EnerNOC, a leading provider of energy intelligence software (EIS) that supports decision-making around energy costs and sustainability issues. EnerNOC helps…more

CFPB’s Proposed Ban On Class Action Waivers Draws Widespread Criticism

In May 2016, the Consumer Financial Protection Bureau (“CFPB”) took another step in its effort to ban class action waivers in certain pre-dispute arbitration agreements for consumer financial products and services, formally publishing…more

In-House Elevated|The Time for In-house E-Discovery Is Now

It’s a data jungle out there—especially if you are sitting in the corporate counsel’s office, worrying about your organization’s growing stockpile of data in the cloud. In 2015, just 5 percent of data for discovery review was…more

The SLANTS Trademark Will Play One More Gig: U.S. Supreme Court to Decide Constitutionality of Ban on Disparaging Trademarks

The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment. The dispute affects the…more

The new bank resolution scheme: The end of bail-out?

State aid rules remain one of the decisive factors in dealing with distressed bank situations. But uncertainty remains over whether governments should be able to intervene and rescue banks in danger of failing. State aid under the…more

Privacy and Cybersecurity Checklist When Designing a Family Office

As family office executives set up a family office or review an existing family office, it is important to make sure the privacy and cybersecurity concerns are addressed and the governance and information security infrastructures are…more

FDA, research institutions criticized for trying to control public information

It may sound like inside baseball but it’s not. It’s a critical aspect of how federal bureaucrats who work for us, the taxpayers, need to stop advancing their own agendas, and how they should stop trying to control not only important…more

Snapchat Spectacles - The Newest Threat To Data Security And Privacy In The Workplace

Last Friday, Snapchat (which recently changed its name to Snap, Inc.) announced the coming release of its newest product: “Spectacles” - brightly colored, fun-looking sunglasses with a built-in camera that records videos in 10-second…more

EU Final Draft Technical Standards on the Exchange of Information between Regulators Regarding Qualify Holdings

The European Banking Authority published final draft Implementing Technical Standards on the common procedures, forms and templates for the consultation process between the relevant national regulators when carrying out the prudential…more

Local Campaign Finance Reform: Can Local Agencies Wean the Baby From “Mother’s Milk?” (Part 1)

It is an issue that has been with us since the earliest days of politics: The wealthy tend to have disproportionate influence over our political leaders in contrast to the poor and middle class. In the immortal words of the late…more

Of Slants, Skins And Signs: The Supreme Court Grants Certiorari

We have been following the course of In re Tam as it has progressed through the PTO and the courts. To recap, at issue is whether Section 2(a) of the Lanham Act, which prohibits the registration of marks that may disparage persons…more

FTC Sues Terry Somenzi Over Fake Prize Schemes

Last week, the FTC filed a lawsuit against Terry Somenzi and International Advisory Services, Inc., among other defendants, for an allegedly fake prize scheme in federal court. According to the FTC’s complaint, the defendants engaged…more

U.S. v. Broadcast Music Inc. - USDC, S.D.N.Y., September 16, 2016

District court overrules DOJ’s interpretation of 75-year-old music industry consent decree, finding it neither bars issuance of fractional licenses for music nor requires BMI to issue full licenses. Broadcast Music Inc. asked the…more

Federal Patent-Agent Privilege Not Recognized in Texas State Courts

Finding that Texas state courts lacked authority to recognize common-law discovery privileges, the Texas Court of Appeals for the Fifth District refused to recognize the US Court of Appeals for the Federal Circuit’s recently adopted…more

Proposed USCIS Rule for Entrepreneurs Would Benefit Very Few if Finalized

United States Citizenship and Immigration Services (USCIS) recently announced a new proposed rule for entrepreneurs. If the rule becomes law, qualified entrepreneurs would be considered for parole (temporary permission to be in the…more

NY Makes Significant Changes to Employers’ Use of Direct Deposit and Payroll Cards

The New York State Department of Labor (NYSDOL) recently finalized a new rule that significantly changes how employers pay their employees through direct deposit and payroll debit cards. Even though the new regulation does not go into…more

When CFPB Finds Deception Regardless Of A Lender’s Intent

There is a tendency to think of consumer fraud and misrepresentation as intentional acts that deceive consumers into engaging in transactions that they would not otherwise engage in. A recent case demonstrates that the Consumer…more

Exclusive Recitation of Specific Device in Specification Limits Claim Term

Addressing issues of claim construction, the US Court of Appeals for the Federal Circuit affirmed a limiting construction of a claim term where the specification exclusively used the disputed term in the limited fashion. GPNE Corp. v…more

House Attempts to Stall Change to Overtime Law

Yesterday, the House of Representatives passed a bill to delay the Department of Labor's upcoming increase to the amount of salary an employer needs to pay in order to be eligible to classify a worker as exempt from overtime. The final…more

CFPB Takes Enforcement Action Against FinTech Lender

On September 27, 2016, the Consumer Financial Protection Bureau (CFPB) entered into a Consent Order (the “Order”) with Flurish, Inc d/b/a LendUp (LendUp), a startup online lending company based in San Francisco that offers…more

Will You Be Caught In The 'Wrong' Law Or Courts Post-Brexit?

The European Union legal regime currently provides contracting parties with significant predictability and stability. The United Kingdom’s election on June 23, 2016, to exit the EU presents a potential affront to such certainty, and…more

PTAB Must Provide Explanation in Support of Conclusory Findings

Addressing the obligation of the Patent Trial and Appeal Board (PTAB or Board) to articulate “logical and rational” reasons for its conclusions, the US Court of Appeals for the Federal Circuit remanded a portion of a PTAB inter partes…more

CFPB Flunks For-Profit Education Company, Orders $31M Payment

Continuing its recent focus on student lending, the Consumer Financial Protection Bureau (CFPB) ordered a for-profit college company to provide loan forgiveness and refunds of more than $23 million, adding an $8 million civil money…more

TUEs for Performance-Enhancing Drugs Raise Ethical Issues

Recently, the files of the World Anti-Doping Agency (WADA) were hacked, revealing previously unknown information about Therapeutic Use Exemptions (TUEs), which allow athletes who have medical conditions to use performance-enhancing…more

Manatt on Medicaid: Monthly Expansion Recap - September 2016

National News - Growth in Prescription Drug Spending Not Linked to Medicaid Expansion, Study Finds - Medicaid expansion was not likely a “major driving force” behind the record high drug spending growth in 2014, despite its…more

Plaid Technologies Inc. v. Yodlee, Inc. (PTAB 2016) - CBM Petition Denied for Patent Lacking Financial Product or Financial Activity in the Claims

In a recent decision, the Patent Trial and Appeal Board (PTAB) denied the institution of a covered business method (CBM) patent review on an Internet Portal System patent because the claims lacked any recitation of a financial product…more

The “Soft” Drivers of Profitability

One of the many painful lessons learned by the legal industry from the recession is that the key to economic success is a focus on profitability…not just revenue. Far too many firms were focused solely on fees generated with respect to…more

US Implements Regulation Changes for Encryption Products, Software and Technology

On September 20, 2016, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department amended the Export Administration Regulations (EAR) and the list of goods, software and technology that are controlled under the Commerce…more

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to…more

Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center?

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power, while also…more

SEC Proposes T+2 for Settling Securities Transactions

The SEC has proposed a rule amendment to shorten the standard settlement cycle for most broker-dealer securities transactions from three business days after the trade date (T+3) to two business days after the trade date (T+2)…more

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and activities. If…more

European Banking Authority Consults on Minimum Amount of Professional Indemnity Insurance for Authorization under the Revised EU Payment Services Directive

The European Banking Authority published a consultation paper proposing draft Guidelines on how to stipulate the minimum monetary amount of professional indemnity insurance required for authorization under the Payment Services…more

Federal Circuit Revisits Willfulness Post Halo

On remand from the Supreme Court’s decision in Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923 (2016), the Federal Circuit recently issued a revised decision in Stryker Corp. v. Zimmer, Inc., No. 2013-1668 (Fed. Cir. 2016)…more

Financial Services Regulation Exchange – International Newsletter Issue 30 – September 2016

DLA Piper’s Financial Services International Regulatory team welcomes you to the thirtieth edition of ‘Exchange – International’ – our international newsletter designed to keep you informed of regulatory developments in the…more

IRS and Treasury Issue Guidance Regarding CFC and PFIC Investments by RICs

The recently proposed regulations, if finalized, would govern the treatment of RICs’ income inclusions in respect of CFCs and PFICs for purposes of the income test applicable to RICs; in related guidance, the IRS also informed RICs…more

House Tax Policy Review Committee Update - Public Policy Alert from the South Carolina State House - September 2016

The House Tax Policy Review Committee held its third meeting on Tuesday, September 27th, to review property taxes across South Carolina. Frank Rainwater, Executive Director of the South Carolina Revenue and Fiscal Affairs Office…more

Nutter Bank Report, September 2016

The Federal Reserve Board has released a policy statement that details the framework it will follow in setting the Countercyclical Capital Buffer (“CCB”) for private-sector credit exposures located in the United States. The policy…more

Insurance Coverage – Cancellation of Policy and Bad Faith

Trent Mills v. AAA Northern California, Nevada & Utah Ins. Exchange - Court of Appeal, Third District (September 20, 2016) - Under Insurance Code § 1861.03(c)(1), an insurer has a statutory right to cancel an automobile…more

Part 5 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 5 of a Seven Part Guide to reviewing vendor contracts. Vendor Notice Requirements - Business - Strategic Changes. There are several categories of events the bank will want to be notified about. The first…more

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McCarter & English, LLP is a firm of over 400 lawyers with offices in Boston, Hartford, Stamford, New York City, Newark, East Brunswick, Philadelphia, Wilmington and Washington, DC. In continuous…

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