Latest Updates

Tips For Telephonic Depositions For Attorneys & Court Reporters

Everyone is looking for opportunities to save costs these days in litigation. Many attorneys are choosing to take depositions telephonically so as to not incur travel costs and to save travel time. Here are some ideas on how to make… more

Brazil Enacts Major Labor Reform

The Brazilian Congress has approved an important labor reform bill. The new law, Law 13.467, is a sweeping modernization of more than a hundred clauses in Brazil’s Consolidated Labor Law, many of which have been untouched since first… more

Do the Proposed Changes to SBA’s HUBZone Program Go Far Enough?

H.R. 3294, the HUBZone Unification and Business Stability Act of 2017, proposes several changes to the HUBZone program that are intended to reduce certification timelines, stabilize the program, and collect and report on performance… more

Robotic Review: The Use of Artificial Intelligence in Contract Review

Through the help of artificial intelligence (“AI”), your smartphone can act as a GPS that adjusts its recommended route in real-time based on emerging traffic patterns. By adapting to changes in traffic, the smartphone is able to… more

Making Informed Decisions About Informed Consent

Patients have come to expect that they will be actively involved in making decisions about their health care. Informed consent aids patient involvement and provides a process whereby a health care provider discusses a treatment or… more

DOJ Turns Up the Heat on Asset Forfeitures

Last week, Attorney General Jeff Sessions announced that the United States Department of Department ("DOJ") is returning to its past practice of aggressively pursuing asset forfeiture cases and sharing the proceeds of those seizures… more

Recent U.S. Tax Court Case Reverses Long Held IRS Position Regarding Taxation of Sales of Partnership Interests by Foreign Investors

Following the inauguration of the new administration in January 2017, many investors were anticipating the passage of a transformative tax reform bill at some point in 2017. Although legislative tax reform is seemingly stalled in… more

Third Circuit Decides Goods Are “Received” Upon Physical Possession in Bankruptcy Case

Many creditors that provide goods to a debtor before a bankruptcy case begins believe that their recovery will be mere cents on the dollar. While prepetition claims often receive small, if any, distributions, Section 503(b)(9) of the… more

Retailers: Review Those Checkout Practices – Again

If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017… more

Reminders: FCC Filings Due August 1, 2017

Form 499-Q Quarterly Telecommunications Reporting Worksheet Carriers and providers of interstate and international telecommunications, including, but not limited to, interconnected Voice over Internet Protocol providers, providers… more

Privette Doctrine Prevails To Protect Maintenance Contractor

In Alvarez v. Seaside Transportation Services, LLC et al. (No. B275980, filed July 20, 2017), Division Eight of the Second Appellate District affirmed a trial court grant of summary judgment to defendants based on the Privette… more

Alert: Export Control Reminder: Semi-Annual Encryption Reporting Deadline 8/1/17

August 1, 2017, is the deadline for submitting semi-annual reports for certain ENC Restricted encryption items exported or re-exported between January 1 and June 30, 2017, pursuant to paragraphs (b)(2) and (b)(3)(iii) of License… more

Delaware Passes Law Permitting Companies to Use Blockchain Technology to Issue and Track Shares

On Friday July 21, 2017, Delaware's Governor John Carney signed into law amendments to Delaware's General Corporation Law to account for the use of blockchain technology in corporate record-keeping. The legislation will be implemented… more

Cannabis Industry Jammed With Extensive Environmental Regulations

The surge of new cannabis-related regulations continues in California this month, this time courtesy of the State Water Resources Control Board. In response to Senate Bill 837, the agency recently released a draft Cannabis Policy and… more

ICOs: Proceed With Caution

Yesterday, the Securities and Exchange Commission (“SEC”) issued an investor bulletin and an investigative report. The investigative report found that companies involved in sales of digital assets via distributed ledger or blockchain… more

Healthcare & Life Sciences Private Equity Deal Tracker: KKR Portfolio Company to Acquire WebMD for $2.8 Billion

KKR has announced its portfolio company, Internet Brands, will acquire WebMD Health Corp. The transaction is valued at approximately $2.8 billion. Kohlberg Kravis Roberts (KKR) & Co., based in New York, considers investments in all… more

NIOSH Publishes Chapter on Analysis of Carbon Nanotubes and Nanofibers on Filters by Transmission Electron Microscopy

The National Institute for Occupational Safety and Health (NIOSH) has published a chapter in the fifth edition of the NIOSH Manual of Analytical Methods (NMAM) entitled “Analysis of Carbon Nanotubes and Nanofibers on Mixed Cellulose… more

Oil And Gas Update For Week Ending 7/21/2017 – PA Supremes On The Environmental Rights Amendment, Third Circuit On “Buyers For Value” In Bankruptcy Claim Proceedings, And ND Supremes On Pore Space Ownership.

After a few weeks off we’re back at the well. The national rig count dipped two units last week for the first time in a long time while oil and natural gas prices increased slightly. Since our last report, the Pennsylvania Supreme… more

As Trump Declares “We Are Out” of the Paris Accord, Investors Demand More Climate Change Risk Disclosure from Within

Investors from around the world have spoken. For the first time in history, they have publicly demanded more transparent and complete corporate financial risk disclosures related to climate change. While climate change risk disclosures… more

Vacation Float: Managing (and Recouping) Unearned Vacation Time

Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s vacation… more

Future of Insurtech: Opportunities and Challenges

The emerging insurance tech (“insurtech”) industry is growing at breakneck speed. While in 2011 insurtech startups received $140 million in funding from 28 total deals, investment increased more than tenfold in 2016, with investors… more

Witnesses at Congressional Hearing on 340B Urge Congress To Give HRSA Broader Regulatory Authority

On July 18, 2017, just days after CMS went public with its proposal to reduce Medicare Part B reimbursement to certain 340B covered entities, Congress held its first hearing on 340B Program Oversight since March 2015. A common thread… more

Court of Chancery Advocates New Test Governing Preclusion in Derivative Litigation

In re Wal-Mart Stores Inc. Delaware Derivative Litig., C.A. No. 7455-CB (Del. Ch. July 25, 2017) - This is an important decision holding that just because one derivative litigation was dismissed for failure to overcome the… more

Mergers and Acquistions: Effectively Navigating I-9 Compliance Issues

Corporate mergers and acquisitions are typically complex and expensive transactions. While financial matters typically comprise the core of an acquiring company’s due diligence efforts during a merger or acquisition, immigration… more

Tribal Self-Governance Under Trump A Common Goal

Tribes are rightly concerned that federal programs benefiting tribal communities may become the target of budget cuts under the Trump administration and the Republican Congress, but tribes should not lose heart quite yet. With… more

Getting into trouble with the DOL and the IRS maybe just bad luck

As an ERISA attorney for almost 19 years, I have seen a lot of strange things that plan sponsors have done to risk the ire of the Internal Revenue Service (IRS) and the Department of Labor (DOL)..… more

Asset Management Regulatory Roundup - July 2017 - Issue 2

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on the updated Q&As published by ESMA in relation to the AIFMD and UCITS, IOSCO's consultation on… more

India Adopts New Disability Law Regime

The Government of India has instituted a new disability law regime with enactment of the Rights of Persons with Disabilities Act, 2016, and Rights of Persons with Disabilities Act, 2016. The new disability law regime is modeled on… more

Final Written Decision Not So Final in Eyes of The ITC

The ITC recently continued its trend of giving little deference to parallel PTAB IPR proceedings. In Certain Network Devices, Related Software and Components Thereof (II), Inv. No. 337-TA-945, the ITC denied a request to suspend or… more

Does GDPR Apply to You?

The EU’s General Data Protection Regulation goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or employees in the EU. It can also… more

Sultry Lady Liberty leads Postal Service astray

Beware sultry-looking ladies. That’s one of the lessons from the recent court decision sending a copyright case against the United States Postal Service to trial, but there are more. The decision can serve as a teaching tool and… more

AD-ttorneys@law

Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have purchased one… more

Ashley Madison Data Breach Results in $11.2 Million Settlement

On Friday, July 21, users of the “married dating” website, ashleymadison.com, received preliminary approval of an $11.2 million class action settlement. This settlement seeks to resolve a number of consolidated lawsuits against Avid… more

The DOL Fiduciary Rule: Charting a Course, Avoiding Collisions & Potential Litigation - Q&A on IRA Transactions

Previously, I wrote about potential litigation under the Department of Labor’s then proposed fiduciary rule (see Expect Focus, Vol. II, 2015). I predicted the following as to sales of index annuities to IRAs if the rule was adopted as… more

Expansion of Paid Family Leave Vetoed By Governor

We previously reported on a bill seeking to amend New Jersey’s Paid Family Leave Insurance Law. The bill sought to double the amount of available paid family leave from six weeks to twelve weeks, and to increase the cap on weekly… more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure component… more

A Potential New Application of Defamation by Implication: Media Layout and Accompanying Images at Issue in ISIS Antiquities Looting Story

On Monday, July 17, 2017, world-renowned antiquities dealer Hicham Aboutaam sued the parent company of a popular newspaper alleging that a story it published defamed him. The article, titled “Prominent Art Family Entangled in ISIS… more

House passes H.J. Res. 111 to override CFPB arbitration rule

Yesterday afternoon, the House of Representatives, by a 231-190 partisan vote, passed H.J. Res. 111 which provides for Congressional disapproval under the Congressional Review Act (CRA) of the CFPB’s final arbitration rule which was… more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES B. Widdowson v. Rockwell [2017] B.C.J. No. 457, per Kent, J. [4233]

II. LIABILITY ISSUES - B. A commercial host’s liability with respect to an intoxicated patron will not necessarily end when the patron arrives safely home – it is not necessarily a break in the chain of causation. Widdowson v… more

New York Appeals Court Holds Class Action Waivers Violate the NLRA While Employers Await Definitive Ruling From Supreme Court

The Supreme Court is set to hear oral argument in October on whether class and collective action waivers are enforceable. While employers await the Supreme Court’s decision, other courts continue to weigh in on the matter. Just last… more

How To Protect Your Company From Cyber Regulatory-Enforcement: Part 2

Experiencing a security breach is a bit like being on the titanic and feeling the tremble from hitting an iceberg. The impact sparks immediate panic - you know something very bad has just happened but are unsure whether the damage is… more

Janssen Biologic Tremfya Secures FDA Approval Following Use of Priority Review Voucher

On July 13, 2017, the U.S. Food and Drug Administration approved Tremfya (guselkumab), a biologic manufactured by Janssen Biotech, for the treatment of moderate-to-severe plaque psoriasis patients who are candidates for systemic… more

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

The Circuit issued only one precedential patent case this week, reversing a determination of obviousness as to a Millennium Pharmaceutical patent covering its blockbuster cancer drug Velcade®, thus extending the life of patent coverage… more

Telehealth & EHR Meaningful Use Payments—Expect Greater Scrutiny in Upcoming Medicare Audits

In July 2017, the United States Department of Health and Human Services' Office of Inspector General ("OIG") revealed two new Work Plan items related to digital health: first, a review of Medicare incentive payments for meaningful use… more

House Bill Would Reduce Use of LPTA in All Agencies’ Procurement

A recent bill before the U.S. House of Representatives seeks to limit the use of the lowest price technically available (“LPTA”) source selection process in procurements. H.R. 3019, which was introduced on June 22, 2017, would create a… more

DOL to Seek Public Comment on Overtime Rule

The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI)...… more

USDOL To Publish "White Collar" Exemption Information Request

A U.S. Department of Labor Request for Information will be published tomorrow morning to seek additional public comment regarding the 2016 compensation revisions in the regulations defining the federal Fair Labor Standards Act's… more

5 Key Takeaways: Three Years After Octane Fitness – Patent Litigation Fee Fights

Kilpatrick Townsend’s Clay Holloway, a partner in the firm’s Atlanta office, recently participated in a webinar as part of a panel to discuss the issue of attorney fees three years after the U.S. Supreme Court decision in Octane… more

Washington Enacts Paid Family And Medical Leave Law

All Washington employers must provide paid family and medical leave under a bill signed by Governor Jay Inslee on July 5, 2017. The new law creates an insurance fund that employers and employees both pay into, with a 0.4 percent… more

Anti-Corruption Compliance: The Need to Look Under the Cloak of Materiality

Sarbanes-Oxley revolutionized the auditing profession. Section 404 imposed stringent requirements for disclosure of the state of a company’s internal controls and financial reporting. The company’s independent auditor is required to… more

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