Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

As drug prices skyrocket, senators rip an ex-Big Pharma CEO

Prescription drug prices continue to soar, prompting hearings on Capitol Hill, and leading a columnist to suggest nifty ways how Big Pharma could better educate consumers about medications, especially since many seniors may be popping…more

Client Alert: Employers Should Begin Preparing for New Overtime Rules

On March 13, 2014, President Obama directed the Department of Labor to update its overtime regulations under the Fair Labor Standards Act (“FLSA”), and the DOL issued its draft regulations in July 2015. After considerable delay (a…more

Ontario Retirement Pension Plan: a guide

Media coverage about the Ontario Retirement Pension Plan (ORPP) has been unrelenting for the past two years. The Ontario government has made many announcements setting out its vision for its new, government-run defined benefit pension…more

Religious Institutions Update: May 2016

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a particular use…more

Use Your Pretrial Conference to Help Avoid Going to Trial

Hi there, There are many stops on the road before a divorce trial takes place. If you and your soon-to-be-ex-spouse still have disputes after your four way meeting, your next shot at settling the case is through a pretrial…more

SEC Waivers with Strings Attached: the Wave of the Future?

The SEC recently attached potentially precedent-setting conditions to a waiver from certain automatic disqualifications under the federal securities laws. Without such waivers, defendants that settle securities law charges may…more

Draft Report on Australia’s Intellectual Property Arrangements

Australia’s Productivity Commission has released a draft report regarding intellectual property (IP) in Australia. The draft report covers various IP rights and provides the Commission’s draft findings and recommendations in respect of…more

Panama Papers To Be Released May 9, 2016. Why Does It Matter?

The International Consortium of Investigative Journalists (ICIJ) will release perhaps the largest database of private offshore companies and their ultimate owner ever made public. According to the ICIJ..…more

Campaigning for Self-Reporting and Calculation of Incentives (Part I of II)

Just to add to the cacophony of voices campaigning during this primary season, DOJ, SEC, FINRA, and CFTC officials launched their own campaign promoting recent initiatives to increase corporate self-reporting of potential violations…more

Red Notice Newsletter - April 2016

ANTICORRUPTION DEVELOPMENTS – Final Judgments Entered Against Seven Former DAP Employees; Four Ordered to Pay - The Securities and Exchange Commission (SEC) announced earlier this month that on April 6 and 7, 2016, the…more

CSA Proposes Protocols to Improve Proxy Voting Infrastructure and Vote Reconciliation Process

As the next step in its effort to improve the proxy voting infrastructure and vote reconciliation process, the Canadian Securities Administrators (CSA) has published CSA Multilateral Staff Notice 54-304 Final Report on Review of the…more

ABA Seeks Interagency Guidance Related to Force-Place Flood Insurance Premiums

On April 22, the American Bankers Association (ABA) sent a letter to the OCC, the Federal Reserve, and the FDIC regarding force-place flood insurance (also known as lender-placed insurance). The ABA probed the question of whether or…more

SEC Proposes New Limits on Funds’ Use of Derivatives

The SEC recently proposed a new rule (Rule 18f-4) to govern the use of derivatives by mutual funds, ETFs, and closed-end funds (including BDCs). The proposed rule would subject funds that use derivatives to new leverage limits, asset…more

Hackers responsible for ruthless SpyEye Trojan sentenced to 24 1/2 years

The Department of Justice has announced that two hackers who built and sold the Trojan called SpyEye, that caused close to $1 billion in banking losses, have been sentenced for a combined 24 1/2 years in federal court in Atlanta…more

New Delaware Chapter 11 Filing – BIND Therapeutics, Inc. et al.

BIND Therapeutics, Inc. (Nasdaq – BIND), a clinical-stage nanomedicine platform company development novel targeted therapeutic, primarily for the treatment of cancer, and its affiliate BIND Biosciences Security Corporation, have filed…more

Hot topics for state attorneys general

The role of state attorneys general (AGs) as an investigative and enforcement powerhouse for consumer protection and antitrust matters presents challenges and opportunities for corporate entities in all industries. By successfully…more

When Two Belts & Suspenders May Not Be Enough

Boston Children’s Hospital says that when it terminated a research fellow’s employment, he took the laptop he used in his work to a computer forensics company and had all the data, including data owned by the hospital, cloned. The…more

FCC Privacy Comments [Still] Due May 27

After taking more than a year to issue its notice of proposed rulemaking regarding broadband Internet privacy, today the FCC denied requests from multiple parties for extensions of time to file comments. In its denial, the…more

Kentucky OSHA to consider lowering fall protection trigger height

The Kentucky Occupational Safety and Health Standards Board will consider amending the state's rule, 803 KAR 2:412, at its annual meeting on May 10 at the Galt House Hotel in Louisville, according to the session's agenda. Currently…more

CFPB Field Hearing May Unveil New Rule on Arbitration Agreements

The CFPB is continuing its march towards a new rule governing the use of arbitration clauses in consumer lending contracts. On April 20, the Bureau announced its next step will be to conduct a field hearing in Albuquerque, New Mexico…more

The New Defend Trade Secrets Act (DTSA): Notable Provisions and Strategic Considerations

The Defend Trade Secrets Act (DTSA) cleared the House by a 410-2 vote on April 27, 2016. The Senate passed the measure on an 87-0 vote earlier this month, and the DTSA is now headed to the White House for President Obama’s signature…more

Court Of Chancery Dismisses Derivative Complaint for Want Of Factual Support

This is an interesting decision because it illustrates what many do not understand - a complaint has to have some actual facts to support its claims, not just inferences…more

[Video]Employment Law This Week: Trade Secrets, Banker Bonus Restrictions, Musicians Are Employees, Misclassification Violates NLRA

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

"Brexit Bites": Intellectual Property

This is the fifth in our series of "Brexit Bites" which focuses on Intellectual Property. A Brexit would in all likelihood have a significant impact upon intellectual property legislation, much of which derives from the EU. In…more

FCC Enforcement Monitor ~ April 2016

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: - Class A…more

Minnesota Weekly Legislative Update

The House and Senate focused on their funding bills this week, with each body considering their respective set of supplemental budget recommendations. Legislators spent late nights working through the bills and abundant amendments. The…more

Ninth Circuit Rejects Director Cordray's Recess Appointment as Defense to CFPB Enforcement Action; Dissenting Judge Disagrees

Since it was filed in a California federal court in July 2012, we have been following Consumer Financial Protection Bureau (CFPB) v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by falsely…more

How My 'WTF' Moment Sparked a Petition for Gender Equality

Companies that aim to improve and shape society can’t do so unless they reflect society…more

The Construction Of Section 6(D) Of The 1992 ISDA Master Agreement And Close-Out Mechanics

In Videocon Global Ltd & Videocon Industries Ltd v Goldman Sachs International [2016] EWCA Civ 130, 15 March 2016, the English Court of Appeal has decided that the requirement to serve a statement of calculation “on or as soon as…more

UK Financial Regulatory Developments - April 2016 #22

TCFD consults on forthcoming work - TCFD has launched a questionnaire seeking views to inform its thinking throughout the year whilst its recommendations are still under development. The consultation asks questions on issues such…more

Dismissal for "Pulling a Sickie" Was Fair

In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for Metroline West…more

Sued by Razor Capital in Arizona? We Can Help.

Have you been sued by Razor Capital? Even though Razor Capital is not an Arizona debt buyer they do file a large number of lawsuits in Arizona courts. Razor’s business model is to purchase old charged-off credit cards, auto loans…more

Significant Water Legislation Moving in the Senate

The largest overhaul to the nation’s aging water infrastructure in decades is making progress in the Senate. On April 28, 2016, the Senate Environment and Public Works Committee approved a $9 billion update to the Water Resources…more

FY2015 Procurement Scorecard: Another “A” for the Government

Yesterday, the Small Business Administration (SBA) released its annual small business procurement “report card,” identifying how the federal government as whole and major federal agencies measured up in terms of meeting their small…more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware

2015 saw continued interest by the Delaware courts in various aspects of eDiscovery. The courts dealt with broad issues, such as spoliation and general discovery misconduct, while also focusing on narrower issues, such as document…more

Non-Compete Restriction Held To Be Unenforceable

In Bartholomews Agri Food Ltd v Thornton [2016] EWHC 648 (QB), the High Court considered whether a non-compete post-termination restriction was an unlawful restraint of trade. Bartholomews Agri Food Ltd (Bartholomews) employed Mr…more

In Case You Missed It: Launch Links - April 2016 #4

Some interesting links we found across the web this week: - House of Representatives approves bill requiring warrants for email searches - It was a productive week on the Hill, as the House passed the Email Privacy Act…more

Why Delaware Corporations Should Worry About California Law When Making Dividends

When paying a dividend to shareholders, California corporations are subject to Chapter 5 of the California Corporations Code. Corporations incorporated in Delaware and other states may also be subject to Chapter 5 if they meet the…more

New Delaware Chapter 11 Filing – NephroGenex, Inc.

NephroGenex, Inc. (Nasdaq – NRX), an innovator in the development of drugs to treat kidney disease, has filed a chapter 11 petition before the United States Bankruptcy Court for the District of Delaware (Case No. 16-11074)…more

To Self-Report or Not to Self-Report, That Remains the Question After the Justice Department’s Latest Effort to Encourage Self-Reporting

On April 5, 2016, the United States Department of Justice, Criminal Division, Fraud Section launched a one-year Pilot Program that invites companies to self-report potential violations of the Foreign Corrupt Practices Act (“FCPA”) to…more

Proposed Tariff Elimination for Certain Agri-Food Ingredients

In Budget 2016: Growing the Middle Class, the Government of Canada announced its intention to eliminate customs duties on imports of certain food manufacturing ingredients, excluding supply-managed (TRQ) products. This decision is part…more

MarkIt to MarketTM - April 2016

The April 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses (1) the evolving nature of the USPTO's U.S. Acceptable Identification of Goods and Services Manual, and how to use this document to craft better trademark…more

Tenth Circuit Elaborates Upon FCA’s Materiality Requirement

The FCA’s implied certification theory is based on the concept that every time a payee submits a claim to the government it has impliedly certified compliance with all contractual, statutory, and regulatory obligations, and therefore…more

FRANCHISOR 101: Wins, Losses & Lessons in Joint Employer Liability

As joint employer liability continues to develop, plaintiffs seeking deep pockets continue to claim, with some success, that franchisors are joint employers, responsible for actions of their franchisees' employees. In April, a jury…more

Abbott to Acquire St. Jude Medical for $25 Billion

A burst of potential acquisitions and consolidations occurred on April 28th in the medical device world, the largest being Abbott Laboratories‘ deal to acquire St. Jude Medical Inc. The deal is for $25 billion dollars and would bring…more

Country Fresh Sued by EEOC for Sex Discrimination

Milk Manufacturer Refused to Promote Woman Because of Gender, Federal Agency Charged - DETROIT - A Grand Rapids, Mich.-based milk and juice manufacturer violated federal law by subjecting a female employee to sex discrimination…more

Litigation Alert: Congress Overwhelmingly Approves the “Defend Trade Secrets Act of 2016” Paving the Way for Federal Jurisdiction over Trade Secret Misappropriation

Trade secrets law is poised to become federalized. After years of unsuccessful efforts to create a federal cause of action for trade secret theft, Congress has now passed The Defend Trade Secrets Act of 2016 (S.B. 1890). On April 4…more

DHS Increases Period of STEM Optional Practical Training to 24 months: Imposes Additional Requirements on Employers and F-1 Students

The U.S. government never gives without getting something in return, and the same is true with the new STEM 24-month, Optional Practical Training (OPT) Program. On March 11, the Department of Homeland Security (DHS) published a final…more

Monitoring Employee Communications: A Brave New World

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of email. For…more

The Tennessee Business Court at One Year

The Tennessee Business Court Davidson County Pilot Project opened on May 1, 2015, pursuant to a March 16, 2015 Tennessee Supreme Court Order. Located in the Davidson County Chancery Court – Part III, the Business Court accepts…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

WilmerHale provides legal representation across a comprehensive range of practice areas that are critical to the success of our clients. We practice at the very top of the legal profession and offer a…

[ About | Legal Updates ]