Latest Updates

Tax Reform Pushing Ahead

Despite the political controversy swirling around the firing of James Comey and the appointment of a special prosecutor, the White House and Republicans are determined to push forward with tax reform. Later this week, Treasury… more

NAFTA Renegotiation Goes Live

USTR Lighthizer last week delivered the Administration’s official 90-day notice to Congress that it will renegotiate NAFTA. The notice says that the process will be carried out “consistent with Congressional priorities and… more

Employment News - May 2017 #3

Cards on the table – employment manifesto pledges issued - The Conservatives, Labour Party and Liberal Democrats have all confirmed in their manifestos that pre-Brexit EU employment rights will be maintained and that gig economy… more

Liability Coverage Policies: Property of the Estate to Which the Automatic Stay Applies

When a chapter 7, 11, 12 or 13 case is filed, two key items spring into life. The first is a new entity called the bankruptcy estate which is comprised of all of the debtor’s non-exempt legal or equitable interests in property as of… more

U.S. House passes bill to substitute overtime pay with time off

On May 2, 2017, the Executive Office of the President issued a statement supporting a new House bill, H.R. 1180. H.R. 1180, the Working Families Flexibility Act of 2017, proposes to amend the Fair Labor Standards Act (“FLSA”) to allow… more

Self-Sovereign Identity and Distributed Ledger Technology : Framing the Legal Issues

Purpose - Distributed ledger technology (“DLT”), including the use of blockchain technology, has been touted as a way to create and validate digital identities that serve many of the same purposes that physical forms of… more

Key Tax Changes in the American Health Care Act

The American Health Care Act ("AHCA"), passed by the House of Representatives on May 4, 2017, repeals many of the taxes added by the Affordable Care Act ("ACA") and makes changes to other tax rules. Some of the notable changes… more

Insurance Proceeds Payable To Tenant Diverted To Pay For Property Owner's Back Taxes

The Third Circuit Court of Appeals sitting in Pennsylvania recently issued a precedential decision that interpreted the definition of a “named insured” under a tax delinquency statute to encompass tenants of a property even though the… more

FCRA Class Plaintiff Lacked Injury Needed for Standing Under Spokeo, 4th Circuit Holds

An $11.7 million judgment awarded against credit reporting company Experian in a 69,000-member class action brought under the federal Fair Credit Reporting Act (FCRA) was vacated by the Fourth Circuit in Dreher v. Experian Information… more

Guidelines for Making Prudent Investment Decisions

When the creator of a trust is living, they can manage their trust and invest it however they wish. When a named trustee assumes control of a trust, however, they have a number of investment obligations and duties. A trustee’s… more

CJEU upholds principle of free movement of goods for food supplements

The Court of Justice of the European Union (“CJEU“) has issued a ruling on the interpretation of Directive 2002/46/EC on food supplements, finding that a French law prohibiting the sale of food supplements from other EU Member States… more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on the… more

European Food Safety Authority Launches Public Consultation on the Risk Assessment of GMO at Low Level

The European Food Safety Authority ("EFSA") has launched a public consultation on a draft guidance document on the risk assessment of genetically modified organisms ("GMOs") present at low levels in food and feed material… more

Update on Biosimilar Approvals and Pending Applications in Europe and the U.S.

Approvals of biosimilar products in Europe continue to outpace those in the United States. 28 biosimilars are currently approved in Europe and five in the U.S. In 2017, the European Medical Agency has approved six biosimilar… more

North Carolina Legislative Update - May, 2017 #3

This week at the General Assembly the Senate focused on moving legislation through committees while House Budget leaders focused on the budget bill (S 257). House leaders have indicated they hope to hold votes on the budget bill during… more

Trump Administration Notifies Congress of Intent to Renegotiate NAFTA

The White House formally notified Congress on Thursday of the Trump administration’s intent to renegotiate the North American Free Trade Agreement (NAFTA). The notification letter from U.S. Trade Representative Robert Lighthizer marked… more

Don't WannaCry: Ten Questions Boards and Company Management Can Ask in the Wake of Recent Ransomware Attacks

The WannaCry ransomware attack that hit computers around the world last week is yet another reminder that computers play key roles in most enterprises, and that it does not take much to disable those computers. Questions remain about… more

European Central Bank Harmonizes Regulatory Discretions for "Less Significant" Institutions

The European Central Bank has published a Guideline and Recommendation to harmonize the way in which Euro member state national regulators of "less significant" banks exercise discretions available to them under the Capital… more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Spokesperson Says Governor Paul LePage Will Not Seek Senator King’s U.S. Senate Seat - A spokesperson… more

What the Judge Had for Breakfast May Actually Matter

Have you ever told your client that the outcome of the case “may turn on what the judge had for breakfast this morning?” No doubt you were speaking metaphorically, but it turns out you may have been more literally correct than you… more

New BPCIA Litigation: Janssen v. Samsung Bioepis (D.N.J.)

On May 17, 2017, Janssen filed a complaint under the BPCIA in the District of New Jersey against Samsung Bioepis Co., Ltd. regarding Renflexis® (infliximab-abda), Samsung Bioepis’s recently approved biosimilar of Remicade®. The… more

SEC, Cooperman Settle Insider Trading Claims

The Commission settled its hotly contested insider trading case against well-known hedge fund manager, Leon Cooperman. SEC v. Cooperman (E.D. Pa. Filed Sept. 21, 2016)… more

DC Circuit overturns FAA's registration system for model aircraft; tells FAA

In December 2015, the Federal Aviation Administration (FAA) rushed out an interim rule creating a new registration system for both commercial unmanned aircraft and model aircraft. In a long-awaited decision, the US Court of Appeals for… more

Subrogation Against Parents for Actions of Their Children

Can parents be held responsible for property damage caused by their children? Almost every state in the country has adopted some form of a parental liability statute, which forms the legal basis for holding parents vicariously liable… more

Arizona Employers Prepare to Implement New Paid Sick Time Law

After surviving a legal challenge rejected by the Arizona Supreme Court, Arizona’s $10 minimum wage enacted under Proposition 206 is already in effect, and the sick leave portion of the law takes effect in July. For many companies… more

Enforceability Of Exclusive Forum Bylaw May Hinge On The Meaning Of “May”

No California appellate court has yet addressed the validity of forum selection bylaws in a published decision. When the question comes before a California appellate court, the outcome may turn on the meaning of “may” in California… more

[Event] The 2017 Accountant Liability Seminar: When The Chips Are Down - June 22nd, Waltham, MA

Most businesses would consider accounting to be a routine game, numbers, the same old same old – like a deck of cards. You know the suits; the high cards and the low ones. But when the dealer suddenly changes hands – will it just be… more

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit Electronic… more

CMS Proposes Rule to Update the Hospice Wage Index and Payment Rates and Discusses Hospice Quality Reporting Requirements

On April 27, 2017, CMS released a proposed rule (the Proposed Rule) that would update the hospice wage index, payment rates and cap amount for fiscal year (FY) 2018. It also provides an update with respect to quality measures under… more

Comments Reveal Mixed Reaction to OCC Fintech Charter

As the comment period ended on the Office of the Comptroller of the Currency's (OCC) proposal to establish a fintech charter, stakeholders weighed in on both sides of the idea… more

Delaware Ruling Highlights Difference With New York Over Amending LLC Agreements

The common perception among practitioners familiar with the business entity laws of New York and Delaware is that Delaware law generally is friendlier to, and more protective of, majority ownership and management interests… more

Biscotti Inc. v. Microsoft Corp. (E.D. Tex. 2017)

Magistrate Recommends Narrow Interpretation of Inter Partes Review Estoppel Provision - Earlier this month, in Biscotti Inc. v. Microsoft Corp., U.S. Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern District… more

Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the Prevailing Party

In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the settlement of an… more

Navigating the Currents – Legal Privilege Under English Law

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is engaged in a… more

White House wants to inflict pain on the poor to force Democrats to bargain on health care

The Trump Administration raised major weekend alarms among some of the biggest players in health care with the president’s reported willingness to try a risky gambit by cutting off crucial federal subsidies to help millions of poorer… more

Telehealth Expansion Finally Comes to Texas

State legislature passes bill to expand telemedicine practice. The last six years have been a wild ride for telehealth providers in Texas. When the Texas Medical Board (TMB) issued emergency rules in 2011 that required either a… more

Legislation Relating to Capital Formation

As the 115th United States Congress is currently in session, a number of bills designed to promote capital raising for companies have been introduced in both the House and the Senate. In the last two months, both the House and Senate… more

FERC Accelerates Efforts to Integrate Electric Storage Projects Into Jurisdictional Wholesale Markets

Over the past year, the Federal Energy Regulatory Commission (FERC) has accelerated its efforts to facilitate integration of electric storage projects into wholesale electricity markets subject to its jurisdiction… more

Oregon OSHA Issues Proposed Changes to Regulations Regarding Occupational Exposure to Beryllium in General Industry, Construction, and Maritime

In response to the federal Occupational Safety and Health Administration’s adoption of revised beryllium exposure standards, Oregon OSHA has proposed to adopt the federal OSHA final rules, with minor modifications that would… more

Labor & Employment E-Note - May 2017

The House recently passed a bill that would amend the Fair Labor Standards Act to allow certain employees to choose to take paid time off rather than overtime pay when working more than 40 hours in a workweek. Ron Flowers and Carlton… more

Post-Grant Proceedings Overview

Post-Grant Proceedings Chart - Effect of concurrent proceedings - For Inter Partes Review (IPR) - ..No IPR may be filed by a party (1) that previously challenged the validity of a claim of the patent in a civil action, or… more

Middle School Gay-Straight Alliance Allowed To Pursue Equal Access Claims

Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd. of Lake Cnty. Fla., 842 F.3d 1324 (11 Cir., Dec. 6, 2016): A Federal Appellate Court held that a Florida middle school met the definition of a secondary school under the Equal… more

Between a Rock and a Hard Place: NLRB Finds Employer Violated NLRA in Implementing ACA

Seyfarth Synopsis: In a unanimous decision, a three-member panel of the NLRB found that a cab company violated the NLRA by changing the length of the waiting period for employee health insurance from one year to sixty days… more

Does Your Organization Need an Anti-Bribery Management System?

Microsoft and Wal-Mart recently announced that their organizations recognize the value of having a uniform international standard across their organizations to combat bribery, and will now be seeking ISO 37001 Certification… more

Deadline Extended for D.C. Comprehensive Plan Amendment Proposals

The District of Columbia Office of Planning (OP) has extended the deadline for individuals and groups to submit proposed amendments to D.C.'s Comprehensive Plan, which guides future growth and development in the District. OP has moved… more

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s antitrust… more

In Case You Missed It: Launch Links - May, 2017 #2

Some interesting links we found across the web this week: Venture Capital Funding for Cleantech Still Looks Pretty Grim The startup world at large is looking for a rebound after a down year in 2016, but if the Brookings Institution… more

NC Legislative Update: May 2017 #3

This Week - Following the passage of the Senate budget proposal last week, the Senate had a fairly light calendar this week. The House continued to work while House budget writers draft their own budget proposal. The House budget… more

When are Parent Company Financial Disclosures Required?

A franchisor selling franchises in the U.S. must disclose its audited financial statements in Item 21 of the franchise disclosure document (FDD). Sometimes, parent company financials are used instead of the franchisor’s financials… more

AGG Food and Drug Newsletter - May 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more

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