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IRS Clarifies New Management Contract Safe Harbors

In August, 2016, the IRS issued Revenue Procedure 2016-44, the first comprehensive revision of its management contract safe harbors since Revenue Procedure 97-13. Rev. Proc. 2016-44 built upon and amplified principles laid out in…more

FTC Raises Hart­-Scott­-Rodino Thresholds - January 2017

Transactions closing toward the end of February will be subject to increased HSR Act jurisdictional and filing fee thresholds. On January 19, the Federal Trade Commission (FTC) announced that it will raise the Hart­Scott­Rodino…more

“Legalweek, The Experience” 2017 is One Week From Today!: eDiscovery Trends

What is “Legalweek, The Experience”, you say? LegalWeek is LegalTech New York, along with six other “events-within-an-event” that will be going on next week in New York at the New York Hilton Midtown, starting next Tuesday, January 31…more

State Farm Fire and Casualty Co. v. United States ex rel. Rigsby

The Supreme Court’s unanimous decision in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby addresses sanctions for violating the seal provision of the False Claims Act (FCA)…more

Time is Money: HIPAA Enforcement Action for Untimely Breach Notice Settles for $475,000

Many New Year’s Resolutions focus on actions intended to save money and reduce stress. Organizations, especially those in the health care industry, should consider a resolution to review their breach notification procedures to assure…more

Defence & Indemnity - December 2016: III. QUANTUM/DAMAGES ISSUES

A. Ontario Court of Appeal upholds zero jury damage award regarding a crumbling skull plaintiff. Jugmohan v. Royle, 2016 ONCA 827…more

Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline, including…more

Picerne Construction Corp. v. Castellino Villas (Feb. 18, 2016, C071197)

The Third District Court of Appeal recently held that completion under the mechanics lien statute requires actual completion of the work of improvement, meaning completion of the entire structure or scheme of improvement as a whole, in…more

China's 2016 Cybersecurity Law Will Change the Way Multinational Companies Do Business in China

China adopted its controversial Cybersecurity Law on November 7, 2016. The law, which will take effect on June 1, 2017, has broad implications for how multinational companies operate in China. The law addresses a number of issues…more

Not What I Signed Up For: California’s New Autograph Law

Memorabilia dealers operating in California now have a new certificate-of-authenticity requirement. AB 1570, which went into effect Jan. 1, requires a detailed certificate of authenticity for all autographed items sold by dealers for…more

In Business Development, It's Time For Us to Invest In "Idea Relationships"

In a digital age in which information flows freely and everyone expects answers at the stroke of a keyboard, “Idea Relationships” succeed because your relevance is initially determined by what you know, not who you know. Here’s how it…more

Employment Law Navigator – Week in Review: January 2017 #4

Last week, the Second Circuit Court of Appeals was asked to overturn its own precedent in a case involving discrimination on the basis of sexual orientation. The case was brought by an advertising executive who alleged that his…more

Referral after completion of investigation

After the investigation process in the public prosecution is completed, if the General Attorney decides to transfer the case to Criminal Courts by issuing referral order, attendance of the accused becomes mandatory in the criminal…more

ADA Title III Lawsuits Increase by 37 Percent in 2016

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge, fueled by new plaintiffs, new plaintiffs’ lawyers, and website accessibility claims. Our 2016 lawsuit count is complete, and the results no less…more

Can Skechers Get a Second Bite at the IPR Apple?

On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design patents owned by Nike, Inc.: D696,853 and…more

Deceptive Marketing — Is Coca-Cola taking a page book from the tobacco industry?

Coca-Cola has been called out in California for deceptively advertising is sugar-saturated sodas so it can sell more of them. A 39-page lawsuit filed in San Francisco makes 13 claims against the iconic beverage brand under…more

Overview of the most significant recent amendments to procedural law

This overview summarises the recent amendments to the Russian Commercial Procedure Code ("Commercial Procedure Code"), the Russian Civil Procedure Code ("Civil Procedure Code") and the Russian Code of Administrative Court Proceedings…more

Second Circuit Reverses District Court’s Marblegate Decision; Narrows Protections Provided to Bondholders Under Section 316(b) of Trust Indenture Act

The Trust Indenture Act of 1939 (the “TIA”) codifies a select set of requirements and prohibitions intended to protect perceived “sacred rights” of holders of public bond instruments. When the U.S. District Court for the Southern…more

Expansion of Practice Autonomy of Physician Assistants Summary

As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder. That Act amends various provisions of the Michigan Public Health Code (the “Code”) regarding the…more

Highlights of the USPTO Performance and Accountability Report for Fiscal Year 2016

The U.S. Patent and Trademark Office (USPTO) recently released a Performance and Accountability Report (PAR) for the 2016 fiscal year, evaluating a variety of programs at the USPTO and detailing ongoing goals of the USPTO. The…more

Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking in the 10th Circuit

The United States Court of Appeals for the Tenth Circuit recently vacated the Consumer Product Safety Commission’s (CPSC) 2014 rulemaking that prohibits the importation and distribution of high-powered, small, rare earth magnet sets…more

The big winner for the Fiduciary Rule

There are certainly going to be lots of losers when the fiduciary rule gets implemented and there is going to be one clear winner. I’m not talking about registered investment advisors or attorneys who made a mint in getting…more

FTC Announces Increased Thresholds for HSR Premerger Notifications and Interlocking Directorates

The Federal Trade Commission (FTC) announced on January 19, 2017 the revised transaction thresholds that trigger the requirement to file a premerger notification and report form under the Hart-Scott-Rodino Antitrust Improvements Act…more

CFPB Sues Bank Over Overdraft Sales Pitch

The CFPB’s concern with incentives and overdrafts continues and has resulted in a lawsuit filed against a Minnesota based TCF National Bank. In the lawsuit, the CFPB alleges that TCF National Bank violated the UDAAP provisions of the…more

U.S. Supreme Court to Decide Class Action Waiver Divide

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers: National Labor Relations Board v…more

MLS 2017 Outlook: Immigration

Throughout the 2016 presidential campaign, immigration policy became one of the most visible and controversial policy issues, especially with both candidates kicking off the race by outlining their visions for a new immigration policy…more

[Webinar] New Audit Guidelines for Higher Educational Institutions - February 1st, 11:00am CT

On Wednesday, February 1, Mike Wherry, a CPA with 25 years of experience in the public sector to postsecondary schools will join Aaron Lacey in presenting a webinar focusing on the four main changes that were issued in the September…more

US Supreme Court to Decide Whether Foreign Defendants May Be Served by Mail

The U.S. Supreme Court has decided to review a key issue concerning service abroad of process on foreign defendants — namely, whether foreign defendants may be served by mail. The case, Menon v. Water Splash, Inc., marks the first time…more

The Value of a Strategic Approach to Insurance Coverage Disputes

Robins Kaplan partner and co-chair of our retail industry practice group, Anne Lockner, recently published an InsideCounsel article about the distinction between being aggressive and being strategic in litigation and negotiations…more

Operating Agreement Trumps Falsified Liquor License Application In Dispute Over LLC Membership

Oh, the things that can happen when the LLC members identified in the company’s operating agreement differ from those identified in official documents submitted to government agencies…more

Tennessee Court of Appeals Cleans Up Questions on Dog Groomers' Employment Status

Individuals performing the main function of your business cannot be classified as independent contractors in Tennessee. At least, that’s what the Tennessee Court of Appeals ruled recently when analyzing whether the Tennessee Department…more

Federal Circuit Affirms Eligibility of Financial Services Software Patent

The Federal Circuit, in Trading Technologies Intl., Inc. v. CQG, Inc., affirmed a district court decision holding that two patents related to a method and system for the electronic trading of stocks, bonds, futures, options, and…more

Your Daily Dose of Financial News

Judge John Bates of the US District Court for DC has blocked a proposed $37 billion mega-health-care-merger between Aetna and Humana, one of 2 major deals before the courts opposed by the Obama-era DOJ over antitrust concerns…more

Oil Industry Custom and the Model Form JOA: A Debate

We begin with an existential question: “The philosophy behind all of the model form agreements is that aggressive drilling under the JOA should be promoted and rewarded. Agree or disagree?…more

Why (and How) Webinars Work, By the Numbers

ON24 wanted to develop some best practices based on cold, hard facts, so we took a sample of 12,870 webinars (from a random selection of 60,000 we hosted, worldwide, in 2015) and ran the numbers. Here’s what we learned - and what you…more

Second Circuit Upholds EPA’s Water Transfers Rule

The U.S. Court of Appeals for the Second Circuit upheld the U.S. Environmental Protection Agency’s Water Transfers Rule last week. Catskill Mountains Chapter of Trout Unlimited, et al. v. EPA, et al. 14-1823, 14-1909, 14-1991, 14-1997…more

Current good manufacturing practice requirements for combination products

On January 11, 2017, the U.S. Food and Drug Administration (FDA) issued a final guidance document entitled “Current Good Manufacturing Practice Requirements for Combination Products.”[1] This guidance describes and explains the…more

Employers: April 3 Start Date for 2018 H-1B Visa Applications

Employers may first apply for Fiscal Year 2018 H-1B visas for individuals not currently in H-1B status on Monday, April 3, 2017 for a start date of October 1, 2017…more

Roxane Labs., Inc. v. Camber Pharms. Inc.

Case Name: Roxane Labs., Inc. v. Camber Pharms. Inc., No. 2016-1028, 2016 U.S. App. LEXIS 20590 (Fed. Cir. Nov. 17, 2016) (Circuit Judges Lourie, Mayer, and O’Malley presiding; Opinion by Lourie, J.) (Appeal from D.N.J., Chesler…more

Report: Successful Webinar Benchmarks

What makes for a successful webinar? Here’s a remarkable benchmark report answering that question by looking at all aspects of a webinar: registration, promotion, scheduling, attendance, interaction, on-demand viewing, and more. The…more

Immigration Under the New Administration: H-1B Visas and What to Expect

With the Trump Administration taking office, it is expected that changes to immigration policies will be carried out swiftly and, to a large extent, in an unapologetically straightforward manner. While the initial public focus will…more

FTC Announces 2017 Thresholds Under HSR Act and Clayton Act

Primary HSR filing threshold will be raised to $80.8 million - The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation. As is our…more

Massachusetts Determination of Need Program – Final Regulations

The Massachusetts Department of Public Health (DPH) Determination of Need (DoN) Program has promulgated final DoN regulations (shown here compared against the draft revisions.) Approved by the Massachusetts Public Health Council (PHC)…more

New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies

For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article highlights…more

Court Affirms Trading Technologies International Ruling, Upholding GUI Patent

The Court of Appeals for the Federal Circuit issued an opinion affirming the district court’s finding that claims to a graphical user interface (GUI) were patent-eligible under 35 U.S.C. § 101…more

Towards a UK Investment Act?

NOTE: This client alert was originally published 9 November 2016, and has been updated to reflect subsequent developments. Against the background of UK policy moving towards a more nationally-led trade and investment policy…more

Mutual Funds Come Clean: Brokers Can Set Fund Share Sales Charges

The staff of the SEC’s Division of Investment Management effectively allowed brokers to determine the commissions they will charge their customers who buy “Clean Shares” of mutual funds. In a “no-action” letter dated January…more

SEC Staff Allows Brokers to Set Fund Commissions with “Clean Shares”

The SEC’s Division of Investment Management issued a no-action letter on January 11, 2017 explicitly permitting brokers to set their own commission rates for sales of so-called “clean shares” of mutual funds. Previously, as required by…more

Health Update - January 2017

Top Five Healthcare Antitrust Trends to Watch in 2017 - Antitrust enforcement and litigation had a big year in 2016. In this article, we look back at the most significant cases for the healthcare industry over the last year to…more

District Court Orders Production of Attorney-Client Communications Between Opinion Counsel and Trial Counsel Based on Advice of Counsel Defense

Plaintiff Krausz Industries Ltd. ("Krausz") filed a motion for an order compelling Defendants Smith-Blair, Inc. and Sensus USA, Inc. (collectively "Smith-Blair") to allow discovery into various attorney-client communications and work…more

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Companies of all types continue to fall prey to employees seeking collective or class redress for a variety of alleged wrongdoings, among them discrimination, wage and hour, glass ceiling and other…

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