Latest Updates

Court Finds No Bar On Rescinding Workers’ Compensation Insurance, Even After Filing of Claim

In Southern Ins. Co. v. WCAB (No. B278412, filed 5/10/17), a California appeals court, reversing a workers’ compensation arbitrator’s decision, held that a workers’ compensation policy can be rescinded for material misrepresentations… more

Department of Labor’s New Fiduciary Rule Will Go Into Effect June 9th

The Department of Labor has announced that the new fiduciary conflict of interest rule and related exemptions will begin taking effect on June 9, 2017, ending speculation of further delay. At the same time, the Department announced a… more

A Unanimous U.S. Supreme Court Significantly Restricts Where Patent Infringement Suits May Be Filed

The U.S. Supreme Court on Monday, May 22, 2017, unanimously held that patent infringement lawsuits may be filed against domestic corporations only in the company’s state of incorporation, or where the company has a regular place of… more

EDTX Interprets Federal Circuit Precedent Narrowly, Recommends Applying §315 Estoppel Broadly

In Biscotti Inc. v. Microsoft Corp., Magistrate Judge Payne recommended that estoppel under §315(e) apply broadly against Microsoft in an upcoming patent infringement trial scheduled for early June 2017. No. 2:13-CV-01015-JRG-RSP, Dkt… more

Indiana Legislative Council to Announce Topics for Summer Interim Study Committees

The Indiana Legislative Council will convene Thursday, May 25 at 11:30 a.m. at the Indiana Statehouse, room 431, to announce the topics that will be studied this summer in the interim study committees. Throughout the course of… more

Supreme Court Limits Where Patent Cases Can Be Brought—Can You Move to Your Home Court?

The Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, issued an opinion that may limit the number of patent suits brought in courts perceived to be plaintiff-friendly and may give companies the opportunity to move… more

Trump Executive Order Addresses Executive Branch, Critical Infrastructure Cybersecurity

President Donald J. Trump issued an Executive Order on May 11, 2017 aimed at “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” (the “Order”). The Order mandates federal governmental review of… more

5 Ways Your Digital Content Levels the Geographic Playing Field (That You Should Be Doing Now)

by ON24

All five make a difference and your firm is probably only doing one of these… more

That Won’t Fly: The D.C. Circuit Strikes Down the FAA’s Registration Regime for Recreational Drones

Last week, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down an FAA regulation that required the owners of small Unmanned Aircraft Systems (“UAS”) to register with the agency (the “Registration… more

Honor Our Veterans By Recruiting And Hiring More Of Them

Memorial Day is upon us. While the idea of a three-day weekend, cookout, and pool party can be distracting, I encourage everyone to stop and remember those who have lost their lives in the service of our country. It’s also a perfect… more

U.S. Supreme Court Strikes Down N.C. Congressional Redistricting

The U.S. Supreme Court has taken the extraordinary step of finding that two of North Carolina's congressional districts violate the Equal Protection Clause of the 14th Amendment because they impermissibly utilized race as the… more

European Real Estate Finance: Recent developments

As part of our periodic updates, we will provide you with an overview of recent developments of relevance to participants in the real estate finance market and who may have an interest in the jurisdictions in which we have offices… more

Defamation Suit against Buzzfeed Will Proceed in Miami

On May 22, 2017, the U.S. District Court for the Southern District of Florida denied the motion of Buzzfeed, Inc. (“Buzzfeed”) and its editor-in-chief to transfer to New York a defamation lawsuit involving Buzzfeed’s publication of a… more

New Puerto Rico Labor Department Religious Accommodation Regulations Effective May 25

The Employment Law Reform enacted earlier this year in Puerto Rico introduced a local requirement to accommodate an employee’s observance of religious practices or beliefs. The law directed the Secretary of the Puerto Rico Department… more

Silicon Valley Venture Capital Survey - First Quarter 2017

We analyzed the terms of 191 venture financings closed in the first quarter of 2017 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Venture valuations showed small improvements in 1Q17… more

Chinese Regulators Increase Supervision of Internet News

Several years ago, internet news in China was published almost entirely through internet portals. Today there are many additional news channels, including mobile apps, microblogs, official accounts, etc. In response to this growing… more

State Water Board Adopts Groundwater Extraction Fees For SGMA Intervention - Fee Imposition Will Begin This Summer

The State Water Resources Control Board adopted a new fee schedule that will be applied to groundwater pumpers in basins where compliance with the Sustainable Groundwater Management Act comes up short… more

Reforms Lead to New Opportunities in Saudi Arabia - Transformative changes in Saudi Arabia are opening up new opportunities in several industries

Saudi Arabia has recently adopted new policies aimed at transforming its economy, including plans to sell shares in the state oil company, Saudi Aramco, and to expand its Public Investment Fund (PIF) to diversify its activities to… more

Department of Education Announces Overhaul of Federal Student Loan System

On Friday, Secretary of Education Betsy DeVos announced a plan by the Department of Education to award its entire student loan servicing portfolio to a single company – down from its current roster of nine. The Department of Education… more

Operationalizing Compliance: Part III – Human Resources

This week I am engaging in a week-long series on how a Chief Compliance Officer (CCO) or compliance practitioner might think about operationalizing a compliance program with other corporate functions and disciplines. I am joined in… more

Lavoro agile e riforma lavoro autonomo

In attesa della sua pubblicazione in Gazzetta Ufficiale, forniamo qui di seguito una breve panoramica delle novità introdotte dal disegno di legge (2233-B) denominato "Misure per la tutela del lavoro autonomo non imprenditoriale e… more

Wikitribune and broken news

Wikipedia founder Jimmy Wales completes crowd-funding this week for his latest venture: Wikitribune, a news platform that, while not affiliated with Wikipedia, applies Wikipedia’s collaborative model to journalism. Wales intends to… more

Court Rejects Claim That Arbitrator’s Ruling Was In Manifest Disregard Of The Law

A court has granted a petition to confirm an arbitration award despite the defendant’s argument that the arbitrator acted in manifest disregard of the law. While acknowledging questions regarding the continuing viability of manifest… more

Sanofi v. Lupin Atlantis Holdings SA

Case Name: Sanofi v. Lupin Atlantis Holdings SA, Civ. No. 15-415-RGA, 2017 U.S. Dist. LEXIS 10653 (D. Del. Jan. 26, 2017) (Andrews, J.). Drug Product and U.S. Patent: Multaq® (dronedarone tablets); U.S. Patent No. 9,107,900 (“the… more

Navient Attacks CFPB UDAAP Enforcement Without Implementing Rules

One of the hallmarks of the CFPB’s enforcement actions has been its use of those actions to announce new legal standards. Navient attacks this enforcement strategy in its motion to dismiss a recent case brought against it by the CFPB… more

Key Duty and Tax Changes for Victorian Property Purchasers: Bill Released

Following our alert on 24 March 2017, the State Taxation Acts Amendment Bill 2017 (Vic) (Bill) has now been released and is currently before the Victorian Parliament. K&L Gates has been following the proposed changes to stamp… more

Supreme Court Limits Forum Shopping Options in Patent Litigation

On Monday, May 22, 2017, the U.S. Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, that limits a patentee’s choices of venue in patent infringement litigation. Specifically, the Supreme Court held… more

Pittsburgh To Appeal Block Of City’s Paid Sick Leave Ordinance

The Commonwealth Court of Pennsylvania has affirmed a lower court’s ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance adopted in 2015 requiring all employers of employees within the Pittsburgh city limits to… more

Does Your Workplace Wellness Program Comply With Existing Laws?

The National Business Group on Health’s Eighth Annual Survey on Corporate Health recently revealed the growing prevalence of workplace wellness programs. Many such programs are expanding their aim to not only better the physical health… more

Emails With An Environmental Consultant Are Not Protected by the Attorney-Client Privilege, But May Be Protected Under the Work-Product Doctrine Rules a Federal District Court in Indiana

A federal district court in Indiana recently ruled on whether email communications with environmental contractors hired by an attorney are protected from discovery. In Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No… more

Breaking News: EEOC/OFCCP Proposed Merger Resulting In Unexpected Allies

As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). In the… more

Texas Passes State-Wide Texting While Driving Ban

Good news middle aged drivers! Today the Texas Legislature has passed HB 60, making it illegal to text and drive in Texas. The new legislation is headed to Governor Abbot’s desk, who is expected to sign the bill… more

EPA to Delay Agricultural WPS Indefinitely; Cites Issues with Guidance and Training

In a May 11, 2017, letter from U.S. Environmental Protection Agency (EPA) Acting Assistant Administrator Wendy Cleland-Hamnett to the CEO of the National Association of State Departments of Agriculture (NASDA) posted by Bloomberg’s BNA… more

The Financial Report, Volume 6, Number 9

US financial regulators discuss Volcker Rule. CNBC reported that US financial regulators are tackling one of Wall Street’s biggest concerns by discussing the Volcker Rule governing banks’ proprietary trading. Rich Foster, senior vice… more

TSCA Nanomaterial Reporting Rule: EPA Delays Effective Date and Releases Draft Guidance for Public Comment

The U.S. Environmental Protection Agency (“EPA”) issued its Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce ( “Draft Guidance”) on May 16, 2017. See 82 Fed. Reg. 22452 (May 16, 2017). EPA… more

TC Heartland: Supreme Court Makes Venue Shopping More Difficult for Patent Trolls

In the highly anticipated case on patent-venue shopping, TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (S. Ct. May 22, 2017), the Supreme Court reversed and remanded the decision of the Federal Circuit, putting a stop to… more

Caveat Emptor in the Information Age?

Commercial litigator Brooks Gresham and products liability litigator Trent Taylor bring us some timely thoughts about reliance from a recent decision by the U.S. District Court for the Northern District of California in a food-labeling… more

The Financial Report, Volume 6, Number 8

International Monetary Fund reviews top threats to markets and banks. The Wall Street Journal reported on the IMF’s warning that high corporate leverage could threaten financial stability as the Federal Reserve raises short-term… more

The Supreme Court of the United States Significantly Limits Venue in Patent Infringement Cases

As anticipated in our previous article, on Monday, May 22, the Supreme Court of the United States changed nearly thirty years of patent litigation venue practice in its TC Heartland decision. In its much-anticipated ruling, a unanimous… more

The Quiet Amendment: How E-Discovery Practitioners Benefit from Upcoming Changes to FRE Rule 902

A year and a half ago, the world of e-discovery was abuzz with Federal Rules amendment talk. And rightly so – the changes then greatly affected the process, particularly with Reasonableness (Rule 37) and Proportionality (Rule 26). So… more

Practical Issues for the Pharmaceutical and Biopharmaceutical Industry in the Wake of TC Heartland

The US Supreme Court this week held that the broad venue provision of 28 U.S.C. § 1391(c) does not apply to patent law—at least, when the defendant is a domestic entity. This decision arises after years of judicial interpretation of… more

[Video]Day 18 of One Month to Better Compliance Through HR- Using Promotions to Operationalize Compliance

The role of Human Resources (HR) in anti-corruption compliance programs, is often underestimated. If your company has a culture where compliance is perceived to be in competition or worse yet antithetical to HR, the company certainly… more

Supreme Court Curbs Venue Shopping in Patent Infringement Cases—Delaware Likely to See Increase in Infringement Actions

Venue Shopping Used for Decades Has Been Curtailed - For the last 25 years, patent owners have taken advantage of a broad interpretation of venue rules to pursue infringement claims in more plaintiff-friendly jurisdictions… more

DC Circuit Considers When a Voluntary Remand Is Appropriate

The endless variety of federal regulatory programs are subject to the requirements of federal administrative law, i.e., the Administrative Procedures Act (APA). The APA is chiefly the province of the U.S. Court of Appeals for the… more

Did The Supreme Court Just Close The Door On Eastern District Of Texas Patent Plaintiffs?

For over 25 years, the Court of Appeals for the Federal Circuit and the United States district courts have interpreted the patent venue statute 28 U.S.C. §1400(b) to allow plaintiffs to bring patent infringement cases against a… more

What Can We Infer From Justice Kilbride’s Question Patterns in Civil Cases?

Over the last two weeks, we’ve reviewed Justice Freeman’s question patterns in civil and criminal cases. This week, we’ll be reviewing Justice Kilbride’s patterns with his questioning in civil cases. Justice Kilbride has heard… more

Blog: High Court Supports SFO Bid To Obtain Documents Claimed As Privileged

In a landmark ruling on 8 May 2017, the High Court ordered that the Eurasian Natural Resources Corporation (“ENRC”) should hand over to the SFO documents prepared during an internal investigation, despite the fact that the documents… more

[Video]Compliance into the Weeds-Episode 39, Disclosure of Ransomware Attacks

In this episode Matt Kelly and I take a deep dive into the question of whether a company has a duty to disclose ransomware attacks. We consider it from the regulatory, legal, ethical, law enforcement, business, PR and some other… more

European Commission to Publish CMU Midterm Review on June 7, 2017

On May 18, 2017, Ugo Bassi, Director of Financial Markets, European Commission DG FISMA, confirmed that the Commission will publish its midterm review of the capital markets union (“CMU“) on June 7, 2017. Mr. Bassi stated that the… more

Trillion Dollar Infrastructure Investment Watch: “Parameters,” But Not Full Plan to be Released this Month

Despite bi-partisan agreement on the urgency to invest in the nation’s infrastructure to meet fast growing demands on our roads, railroads and waterways, there has yet to materialize a bi-partisan framework for funding and implementing… more

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