Latest Updates

Second Circuit Rejects Application of Collateral Order Doctrine to “Non-Colorable” Double Jeopardy Claim

In United States v. Serrano, 16-432-cr; 17-461-cr (Kearse, Calabresi, Cabranes), the Second Circuit denied the defendant’s interlocutory appeal for lack of jurisdiction, holding that the collateral order doctrine is inapplicable to… more

Circular on Pilot Tax Policies for Venture Capital Firms and Individual Angel Investors

In order to promote the sustainable and healthy development of venture capital investment, the Ministry of Finance and the State Administration of Taxation have jointly promulgated the Circular on Pilot Tax Policies for Venture Capital… more

Wage and Hour Takeaways from Trump Post 100 Day Symposium

Seyfarth Synopsis: On May 25, 2017, Noah Finkel spoke at our full-day summit about what to expect from the DOL under the new administration. Noah’s forecast: “They say that the policy is the people, and we don’t yet have the people.”… more

Appellate Court Notes: Week of May 22, 2017

Supreme Court Advance Release Opinions: Released after 11:30 a.m. SC19568, SC19569 - Mayer v. Historic District Commission - The statutory grounds for aggrievement for zoning appeals do not apply to Historic Districts. To… more

A $1 Trillion Infrastructure Package Will Only Get You $500 Billion Worth of Stuff Without Permitting Reform

Tuesday, President Donald Trump released his FY 2018 budget. Within the budget the administration included a fact sheet containing key principles for the president’s $1 trillion infrastructure plan. On a call with reporters… more

CBO Score of Final House Bill Reveals Threats to Insurance Market Stability

The Congressional Budget Office (CBO) on May 24 released its much-anticipated score of the House Republicans’ bill to repeal and replace the Affordable Care Act (ACA), officially known as H.R. 1628, the American Health Care Act (AHCA)… more

Late Charges on Balloon Payments: How Big Can They Be?

Getting charged extra for a late payment is standard protocol in lending practices. Judges, lawmakers and regulators have long agreed there’s an administrative hassle lenders should be compensated for when having to recover money past… more

Prudential Regulation Authority Publishes Policy Statement on Strengthening Individual Accountability in Banking

The Prudential Regulation Authority has published a Policy Statement on strengthening individual accountability in banking. The Policy Statement provides the PRA's final policy on a number of issues. Among other things, the PRA has… more

Recent Guidelines in Handling FMLA Claims

Your employee takes twelve weeks of FMLA, but cannot return when her leave expires. Her doctor certifies that she needs an additional 30 days of recuperation, but she claims she can do light-duty work during that 30 day period. What… more

BPCIA Litigation Roundup (Spring 2017)

Below is our spring update on the U.S. patent litigations concerning proposed or approved biosimilar products. For additional details, please consult our BPCIA Litigation Summary Chart or our previous quarterly updates (Summer 2016… more

Bill 17: The Fair and Family-friendly Workplaces Act overview

Bill 17: The Fair and Family-friendly Workplaces Act was tabled in the Legislature on Wednesday, May 24, 2017. The Bill includes broad and sweeping changes to the Employment Standards Code and the Alberta Labour Relations Code. Below… more

FTC Puts Social Media Influencers on Notice for Possible Violations of the Truth-in-Advertising Laws

Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in his latest… more

The Stealthy Traffic Camera and the Class Action That Wasn’t

Mobile speed units. Those mindless menaces squinting at everything that rolls down the road. Most drivers approach them with caution, but others, either oblivious to their presence or bent on one-upping the machine, speed by, only to… more

TC Heartland: The End of an Era in Patent Litigation

On Monday, May 22, the Supreme Court reached a unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, overruling the Federal Circuit’s interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and potentially… more

The Countdown Continues: One Year to the GDPR

The General Data Protection Regulation (GDPR or Regulation) will become applicable in one year, as of May 25, 2018. A lot has happened since we set out the key provisions of the Regulation last year… more

European Banking Authority Publishes Final Guidelines to Assess Information and Communication Technology Risk

The European Banking Authority has published final Guidelines on the assessment of the Information and Communication Technology (ICT) risk in the context of the Supervisory Review and Evaluation Process (SREP). These final Guidelines… more

Court Affirms Jury Finding Of No Breach Of Fiduciary Duty In Partnership Dispute

In Thunder Rose Enters. v. Kirk, the plaintiffs sued the defendant for various claims, including breach of fiduciary duty based on an alleged partnership dispute. No. 13-15-00431-CV, 2017 Tex. App. LEXIS 3481 (Tex. App.—Corpus Christi… more

Comcast’s Domain Name Enforcement on the Wrong Turf

“Our client is . . . prepared to resolve this matter amicably and without pursuing its claims for damages, but only if you immediately comply with its demands.”… more

CFTC Amends Whistleblower Rules to Strengthen Anti-Retaliation Protections and Encourage Whistleblower Tips

On May 22, 2017, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) adopted several additions to its whistleblower rules. Among other things, the amendments expand the Commission’s power to pursue… more

Dow/DuPont: MOFCOM Grants First Conditional Clearance of 2017

On 2 May 2017, China’s Ministry of Commerce (MOFCOM) announced its conditional clearance of the proposed US$130 billion all-stock merger of equals between the Dow Chemical Company (Dow) and E.I. du Pont de Nemours and Company (DuPont)… more

Supreme Court to review policy of partial institution of inter partes reviews

The Supreme Court recently granted certiorari and will review Patent Trial and Appeal Board (PTAB) practice involving instituting review on fewer than all patent claims challenged in an inter partes review (IPR) petition. Typically… more

If the Shoe Fits, Wear It – Bank Third Party Vendors as Institution-Affiliated Parties

When negotiating bank third party vendor contracts it is not unusual to ask the vendor to acknowledge in the contract that bank regulators might exercise some sort of supervision over the vendor. Vendors will oftentimes push back on… more

Deadly Crash in Canoga Park Sheds Light on Impaired Driving

Recently a high-speed crash in Canoga Park, California took the life of young driver Steven Rodriguez, just two weeks after his 21st birthday. Authorities believe than an excessive rate of speed combined with possible alcohol… more

Did A Non-Existent Committee Move To Update Corporations Code?

In April, I kvetched about numerous outdated references in the California Corporations Code. For example, several provisions of the Code continue to refer to the “Internal Revenue Code of 1954” more than three decades after the… more

Deutsche Börse Introduces New Exchange Segment Scale

On 1 March 2017, Deutsche Börse AG, the operator of the Frankfurt Stock Exchange, launched Scale, a new market segment for small and medium-sized enterprises ("SMEs"). Scale replaces Deutsche Börse's former market segment Entry… more

Patent Litigation Venue: Supreme Court Clarifies Venue Statutes in TC Heartland v. Kraft Foods.

The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue...… more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against her former… more

Show and Tell: Successful Examiner Interview Strategies for Consumer Product Cases

For consumer product companies, the Examiner interview has heightened importance and presents a unique opportunity for success. Because product lifespans are often brief and knockoffs find their way into the market quickly, a short… more

Function/Way/Result Test Causes Headaches in Chemical Cases; Substitute Insubstantial Differences Test

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., [2017-1645] (May 19, 2017), the Federal Circuit affirmed the grant of a preliminary injunction against the infringement of U.S. Patent 9,353,050 on a triarylmethane dye used to map… more

[Video]This Week in FCPA-Episode 54, the Rubber Match Edition

This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. Tom reports on Compliance Week 2017? 2. If the DOJ releases new information in the form of the Evaluation of… more

Will the Tech Industry Be Trumped By Immigration Reform?

The Trump Administration could soon make it more difficult for talented immigrants to obtain tech jobs in the United States. As President Trump takes aim at technology companies throughout the nation who use H-1B visas and a variety of… more

DOL Fiduciary Rule Will Become Effective June 9, 2017 as Scheduled

The DOL recently dashed all hope of a reprieve on the June 9, 2017 effective date of the DOL Fiduciary Rule and portions of related prohibited transactions, and provided additional guidance to fiduciaries for the transition period… more

At Stake

Happy Spring! The Illinois Gaming Board (IGB) held its monthly meeting on Thursday, May 25, 2017, in Chicago. We have provided a summary of both the Riverboat and Video Gaming Meetings below. Riverboat Meeting- The meeting… more

DFEH Issues New Workplace Harassment Guidance

Since April 1, 2016, California employers subject to the Fair Employment and Housing Act (“FEHA”) have been required to comply with a number of amendments to the FEHA regulations that were adopted by the California Fair Employment and… more

A New Member in the Big Club – New Mexico Becomes the 48th State with a Breach Notification Law (+ Disposal and Service Provider Requirements)

Effective June 16, 2017, New Mexico will join 47 other states (as well as the District of Columbia, Guam, Puerto Rico, and the Virgin Islands) by imposing breach notification requirements on entities experiencing information security… more

Ninth Circuit: EEOC Has Broad Subpoena Powers

On remand from the United States Supreme Court, the Ninth Circuit again vacated a District Court’s Order denying enforcement of an administrative subpoena issued to an employer by the Equal Employment Opportunity Commission (“EEOC”)… more

One Year Out: The EU's General Data Protection Regulation and How U.S. Businesses Can (and Must) Prepare to Comply

A year from today, radical changes to data privacy laws in the European Union will come into effect. Businesses should start preparing now, given the significant changes. The General Data Protection Regulation (GDPR) will impact U.S… more

Evidence That Similarly Situated Employees Included Those Of The Same Race Dooms Race Discrimination Claim

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the plaintiff.… more

The Last “Cabilly” Challenge Quietly Settles

U.S. Pat. No. 6,331,415, commonly referred to as “Cabilly II,” has been called one of the most-litigated patents of all time, having been challenged multiple times in both the district court and at the U.S. Patent and Trademark Office… more

RegTech as a Competitive Advantage

According to a recent Thomson Reuters Survey, financial institutions on average spend £40m a year on compliance, with some spending up to £300M annually on compliance and customer due diligence. In an environment of constant regulatory… more

After The Investigation: Now what?

Last week, we talked about employment investigations. This week, I’d like to talk about what employers do with the information they gathered during the investigation. There are two main tasks: No. 1: Figure out what probably… more

Supreme Court Restricts Where Plaintiffs Can Sue for Patent Infringement

For almost thirty years, patent owners sued corporate defendants for patent infringement in any federal judicial district in which that corporation was subject to the court’s personal jurisdiction. When corporate defendants sold… more

New York City Council Passes Major Workplace Reforms For Fast Food & Retail Workers

The New York City Council has passed five bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City. The legislative package, first introduced on… more

Blackburn Introduces Sweeping Internet Privacy Reform Legislation

On May 19, 2017, House Communications and Technology Subcommittee Chairman Marsha Blackburn (R-TN) introduced the Balancing the Rights of Web Surfers Equally and Responsibility Act of 2017 (the Browser Act or the bill), which overhauls… more

FTC Obtains Preliminary Injunction Halting Alleged Debt Relief Scam

On May 15, 2017, the FTC filed a Complaint in Federal Court against Strategic Student Solutions and a number of related companies that claim to provide debt relief services. According to the Complaint, rather than providing the… more

DOL Puts Advisers on Notice:  Fiduciary Rule Will Be Effective June 9th

On March 2, 2017, the DOL extended the applicability date of the Conflict of Interest Rule (the “Fiduciary Rule”) from April 10, 2017 to June 9, 2017. This week, with the extension drawing to a close, Secretary of Labor Alexander… more

Trump’s Water Resources Budget Requests

Below is a chart that shows President Trump’s water resources budget requests for the next fiscal year for the three major agencies: Bureau of Reclamation, U.S. Army Corps of Engineers and the Environmental Protection Agency. Compared… more

Great Employee or Insider Threat?

As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Charlie Platt, a director at iDiscovery Solutions and a Certified Ethical Hacker. He advises clients… more

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three zoning… more

House Passes Pesticide Spraying Legislation

On May 24, 2017, the U.S. House of Representatives passed H.R. 953, the Reducing Regulatory Burdens Act of 2017, by 256-165 vote. H.R. 953, which is similar to bills introduced in the past three congresses, would overturn a 2009 U.S… more

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