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Sorry Beliebers, But Justin Bieber Has Been Sued For Copyright Infringement.

Justin Bieber is headed to the land of the Grand Ole Opry. Not for concertizing, but for plagiarizing. Allegedly. On May 26, 2016, “the Biebs” was sued in the U.S. District Court for the Middle District of Tennessee for copyright…more

How Should Two or More People Own Property? Does It Matter?

When two or more people (whether spouses, friends, or business partners) purchase property, they put significant thought into, among other things, the property's value, appearance, and condition, and how they are going to improve the…more

Applicant Cannot Bypass the PTAB to get to Federal Circuit

In In re Arunachalam, [2016-1560] (May 27, 2016), the Federal Circuit dismissed Arunachalam direct appeal to the Federal Circuit from the final rejection of his claims in prosecution following a new ground of rejection entered by the…more

[Video]Turn Virtual Connections Into Real-Life Opportunities - Q&A w/ Top Author @RichardBistrong

A full recording of a recent webinar titled "Content, Connections & Community: Q&A with Richard Bistrong on Turning Virtual Visibility into Real-Life Opportunity..." As the title suggests, this terrific, wide-ranging conversation…more

Health Alert (Australia) May 30, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - New South Wales 20 May 2016 - Buksh by his next friend Buksh v South Western Sydney Local Health Network [2016] NSWSC 649 -…more

International Investment Arbitration in Latin America: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that have either…more

Landmark enforcement decision in the Kingdom of Saudi Arabia

The Enforcement Court in Riyadh has recently confirmed that a US$ 18.5 million ICC award rendered in London, will be enforced in the Kingdom against a Saudi-domiciled award debtor. The enforcement process, handled by our Litigation…more

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

Some interesting links we found across the web this week: - Funding for Venture Capital-Backed Fintech Startups is Poised to Hit a Record in 2016 - Some perceive fintech to be defying gravity in a down market, and now the…more

The EU Adopts the General Data Protection Regulation

In April of this year, the European Union (“EU”), adopted the General Data Protection Regulation (“GDPR”), a regulation intended to strengthen data protection for individuals residing in the European Union. The GDPR provides a single…more

The Federal Reserve Board Outlines Approach For Capital Rules For Federally Supervised Insurance Groups

At the NAIC’s tenth International Insurance Forum, Daniel K. Tarullo, a member of the Board of Governors of the Federal Reserve System (FRB), outlined the FRB’s plans for: - ..the capital and liquidity rules for insurance…more

Structured Thoughts: News for the financial services community, Volume 7, Issue 6

Structured Notes Offered on an Agency Basis - In our last issue, we discussed the potential impact of the Department of Labor’s new rules on sales of structured products. In that article, we discussed some of the reasons why…more

Emergency Energy Storage Solicitation

The California Public Utilities Commission issues an unprecedented Resolution that will test the nascent energy storage industry. On May 26, the California Public Utilities Commission (CPUC) issued Resolution E-4791 (the…more

Employers need to review protection of confidential information as new European laws are approved to harmonise the protection of trade secrets

Employers need to be aware that the Trade Secrets Directive (TSD) was approved yesterday by the European Council, marking the end of its legislative journey in Europe. We can now expect to see its swift publication in the Official…more

SC Public Policy Update - May 2016 #4

What's New - SENATE - The Senate had a busy week working through the Senate calendar and addressing bills returned from the House. The Senate concurred with the House amendments on S. 1035, the “South Carolina Telemedicine…more

Is There A Difference Between Firing Because of Age vs. Salary?

Up on Fortune magazine’s column “Practically Speaking” is the following question: Frank has been with us for more than 20 years. He works in the warehouse and has done a good job for us. I like him. But, to be honest, for the work…more

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or sequentially,” but…more

[Video]The Insider Trading Cartoon Series, Vol. IX -- Tender Offers

I want to talk about Rule 14e-3, because it has significant implications for insider trading liability. But to do that, we first have to talk about tender offers, and what they are…more

The Landmark Defend Trade Secrets Act of 2016

The Defend Trade Secrets Act of 2016 (DTSA) amends the Economic Espionage Act of 1996, which provides for federal criminal penalties for foreign economic espionage and trade secret theft and adds new federal civil trade secret…more

CPSC Announces Civil Penalty against Teavana; Commissioners Remain Divided on Civil Penalty Enforcement, Calculations, and Transparency

On May 26, 2016 the U.S. Consumer Product Safety Commission (“CPSC”) announced through a Record of Commission Action (“RCA”) that Teavana Corporation (“Teavana”) has agreed to pay a $3.75 million civil penalty to resolve charges that…more

How to Lessen the Tax Bite When Selling a Business

When a business is sold, both the buyer and the seller endeavor to walk away with as much cash on hand as possible. The seller hopes to reap the rewards of years of hard work; the buyer hopes to secure enough cash to keep building…more

Court Report - May 2016 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Allergan, Inc. et al. v. Somerset Therapeutics, LLC 1:16-cv-00392; filed May 26, 2016 in the District Court of…more

GAO Report Finds Medicare Claim Review Programs Could Be Improved with Additional Prepayment Reviews and Better Data

On May 13, 2016, the U.S. Government Accountability Office (“GAO”) released a report on the review activities of the different Medicare claim review contractors that CMS uses to help reduce improper payments and protect the integrity…more

When Is Internet Speech Protected Petitioning Activity? Federal Court Grants Anti-SLAPP Motion In FIRE CIDER Trademark Suit

On May 12, 2016, the District of Massachusetts held that that an online campaign in support of the cancellation of a registered trademark (FIRE CIDER) was protected petitioning activity, even though the campaign was organized and…more

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation regarding when…more

Best Practices for Conducting Pre-Employment Background Checks in Canada

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check…more

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp. Since the…more

NC Legislative Update - May 2016 #4

This Week - Lawmakers have left Raleigh to enjoy a long weekend, planning to return Tuesday following Memorial Day. The House held a no vote session on Thursday, but the Senate continued to work, unveiling proposals for a farm…more

Minneapolis Sick and Safe Time Ordinance Compliance Guide

On May 27, 2016, the Minneapolis City Council passed its long awaited Sick and Safe Time Ordinance, requiring most employers with employees working in the City of Minneapolis to provide paid sick/safe time to those employees commencing…more

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization rule…more

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s…more

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

A Note from the Editors - Our May edition of Energy Technology Connections brings you recent industry highlights and a list of upcoming energy industry events. In Leaders in the News, we profile our friends at enVerid Systems and…more

FDA Releases Final Guidance Regarding the Food Labeling Term “Evaporated Cane Juice”

The US Food and Drug Administration (FDA) has released final guidance stating its view that sweeteners derived from sugar cane should not be declared in the statement of ingredients as “evaporated cane juice.”…more

One-Two Punch for Transparency: Beneficial Owners Outed

In an apparent effort to create the impression of strong U.S. policy response in the wake of the Panama Papers, the U.S. Department of the Treasury (Treasury) announced three initiatives to promote greater transparency and reduce the…more

International Investment Arbitration in Europe: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that have either…more

Corps Jurisdictional Determinations Are Final Agency Action: Now What?

In a decision that was not a surprise based on oral argument, the Supreme Court today ruled that Army Corps of Engineers Jurisdictional Determinations concerning “waters of the United States” are final agency action subject to judicial…more

Objecting to the Dischargeability of Debt: How a Creditor May Protect its Debt in Bankruptcy

Imagine that you are an unsecured lender who has learned that a borrower has filed for bankruptcy and has little to no assets available to pay creditors. Is there any way to prevent your debt from being extinguished? This is a common…more

UK Legislation Implementing Regulatory Powers for HM Treasury on Financial Collateral Arrangements

An Order was published implementing provisions in the Banking Act 2009, providing powers to HM Treasury to make regulations about financial collateral arrangements. The relevant provisions come into force on May 25, 2016. Financial…more

Looming Preemption: State Regulators Consider Ramifications of U.S. / EU Bilateral Insurance Agreement

Earlier this month at the National Association of Insurance Commissioners (NAIC) Insurance Summit, a panel of regulators – Tennessee Commissioner Julie McPeak, Maine Superintendent Eric Cioppa, and Iowa Commissioner Nick Gerhart –…more

District Court Strikes Infringement Contentions and Sanctioned Plaintiff for Taking Inconsistent Positions

The defendant, Echoworx, brought a motion to strike ZixCorp's infringement contentions. ZixCorp had served its original infringement contentions on Echoworx, contending that the elements of the patent-in-suit are software limitations…more

Corporate and Financial Weekly Digest - Volume XI, Issue 21

SEC/CORPORATE - SEC Releases Target Dates for Proposed and Final Rulemaking - The Securities and Exchange Commission recently published its agenda with respect to upcoming rulemaking, including rulemaking contemplated by…more

US Financial Regulators Issue Guidance on How Banks Handle Consumer Deposit Account Discrepancies

The US Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the OCC and the Consumer Financial Protection Bureau issued interagency guidance regarding…more

Clean Up Green Up—Supplemental Use Districts—more regulation for three LA City Neighborhoods

On June 4, 2016, the City of Los Angeles rolls out its much-discussed Clean Up Green Up (CUGU) pilot program for three communities: Boyle Heights, Wilmington and Pacoima. Ordinance 184246, approved by Mayor Garcetti on April 22, 2016…more

Uncertainty Increases Around EU-U.S. Data Flows

Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU Commission)…more

Corporations and the 2016 Federal Election: Do You Know What Your Employees Are Doing?

As the 2016 presidential primary season proceeds, we are quickly approaching the summer conventions and the November presidential election. With the political contests becoming more heated, this post is part of a new series on what…more

Hacked and Left Holding the Bag - Cyber Liability Issues

If you read any newspaper, trade publication or twitter feed, you know that ongoing concerns regarding cyber security continue to grow. We have seen an article in the New York Times discussing hacking of major law firms with the belief…more

Expiring Patents; HP’s Machine; Beachwood, Ohio’s MakerGear

Here is a bulletin providing further validation that the cost of 3D printing will decline. 3D printing’s key patents are expiring or soon will expire. These include patents for liquid-based, powder-based, and metal-based 3D…more

US Financial Crimes Enforcement Network Deputy Director El-Hindi Addresses New Customer Due Diligence Rule and Beneficial Ownership Proposal

As part of his remarks at the Institute of International Bankers Annual Anti-Money Laundering Seminar, US Financial Crimes Enforcement Network Deputy Director Jamal El-Hindi discussed certain US Department of Treasury efforts that have…more

Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules

In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The…more

The U.S. Chamber And the Yates Memo On DOJ Cooperation

Earlier this month Deputy AG Sally Yates defended her controversial memorandum on cooperation in remarks made before the New York City Bar Association White Collar Conference. The memo to which her name is attached redefined…more

Oregon Supreme Court: Right of Way Fee Can Be Levied on Internet Revenues

Big news yesterday from the Oregon Supreme Court: The City of Eugene, Ore. may lawfully impose a fee on Comcast’s use of rights of way to provide cable modem service/Internet service. Cable operators like Comcast originally paid…more

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