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State of Texas Sues Federal Government to Prompt Action on Yucca Mountain

The state of Texas sued the federal government on March 14, 2017, under the Nuclear Waste Policy Act of 1982, stating that the executive branch failed to comply with the Act’s mandate that the federal government establish a permanent…more

Construction E-Note - March 2017

In an article published on March 10, 2017 by Construction Executive, Meghan Cox provides guidance on how businesses can reduce the risks associated with violence in the workplace and how businesses should handle this violence if it…more

French Data Protection Authority Provides Guidance on Preparing for GDPR

Companies have one year to comply with the new EU regulation on data privacy, and it is estimated that only 10% of companies having operations in France are currently ready. The General Data Protection Regulation (GDPR), a new…more

President Trump Revokes Government Contracting Executive Orders And Signs Disapproval Resolution of “Blacklisting” Regulations

Seyfarth Synopsis: Yesterday, President Trump issued an Executive Order revoking President Obama’s “Blacklisting” Executive Orders pertaining to the government contracting community. The President also signed the joint resolution of…more

Trademark Owners Beware of Chinese Domain Name Marketing Ploy

Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark Office…more

Top Ten International Anti-Corruption Developments for February 2017

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This…more

Recreational drone users face more restrictive regulations and fines

Drones, especially recreational drones, are fast becoming ubiquitous. Their increase in popularity shows no signs of slowing down, and nor do the number of drone-related incidents. Canadian authorities saw a 100 percent increase in the…more

FDA User Fee Hearings Picking Up Steam on Capitol Hill

As we noted previously in our introductory blog post on the 2017 User Fee Act (UFA) reauthorization process, the first UFA hearing on Capitol Hill was convened on March 2, 2017 by the House Energy & Commerce Committee’s (E&C)…more

Task Force Report: Branding and Packaging of Cannabis

In this edition of our series on the Task Force’s final report "A Framework for the Legalization and Regulation of Cannabis in Canada" (the "Report") we explore the Task Force’s recommendations in relation to advertising, packaging and…more

NY AG Announces Settlements with Three Mobile-Health App Developers Over Privacy, Marketing Concerns

On March 23, 2017, New York State Attorney General Eric T. Schneiderman announced settlements with three mobile health application (app) development companies aimed at curbing deceptive marketing practices and inadequate privacy…more

GAO, states jump into battles to rein in Big Pharma’s sky-high prices

Big Pharma’s skyrocketing prices are finally in for some real scrutiny by the U.S. Government Accountability Office (GAO), as well as new initiatives in the Maryland and New York statehouses…more

Mortgage Insurance and the Federal Homeowners Protection Act: HAMP Modification Is Not Like Refinancing

A recent Third Circuit decision offers a cautionary tale for mortgage lenders who provide loan modifications subject to the Homeowners Protection Act. In Fried v. JP Morgan Chase & Co., No. 16-3069 (3d Cir. March 9, 2017), the court…more

Endless jurisdiction: Application of PIPEDA and court orders outside of Canada

Federal Court ruling in A.T. v. Globe24h.com1 raises issues concerning the reach of Canadian courts’ jurisdiction. Overview - In A.T. v. Globe24h.com, the Federal Court of Canada (the Court) held that the Personal…more

Supreme Court Refines Legal Standard for Special Education

Thirty five years ago, in Board of Education of Hendricks Hudson District v. Rowley, the Supreme Court ruled that, under the Individuals with Disabilities Education Act, schools must provide students with an individualized education…more

District Court Rules That Trader Can Be Liable For Insider Trading On Misappropriation Grounds Even When Information Was Not Shared In Confidence If A Duty Of Trust And Confidence Later Emerged

On March 20, 2017, Judge Juan Sanchez of the U.S. District Court for the Eastern District of Pennsylvania denied Defendant Leon Cooperman’s motion to dismiss an insider trading claim brought by the Securities and Exchange Commission…more

Twilio, Inc. v. Telesign Corp. (PTAB 2017)

No CBM Review for On-Line Registration Patent Having Financial Applications and Uses - Twilio Inc. filed a Petition requesting covered business method patent review of claims 1–18 of U.S. Patent No. 9,300,792. The Board decided…more

Litigation Alert: Supreme Court Extends Petrella Rule Barring Laches to Patent Context

Three years ago, in Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court held that the equitable defense of laches is not available against copyright claims for damages brought within the Copyright Act’s three-year statute of…more

DOJ and SDNY US Attorney’s Office Indict Three Dealers in Foreign Currency Exchange Spot Market Conspiracy Case

A grand jury has indicted three foreign currency exchange spot market dealers for alleged violations of the Sherman Act, 15 U.S.C. § 1, in a case brought jointly by the DOJ’s Antitrust Division and the US Attorney’s Office for the…more

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and held that…more

Trump Directive to Reduce Regulations Could Benefit Businesses

President Trump has made several public statements regarding his intention to reduce the regulatory burden facing businesses, and he has taken a key step in putting his policy into action. On January 30, 2017, President Trump signed an…more

Medicaid’s Role in the Delivery and Payment of Substance Use Disorder Services in Montana

The State of Montana is grappling with a serious and growing public health problem in substance use disorders (SUDs)—including alcoholism, methamphetamine use and opioid abuse and overdose—as well as the related, profound economic and…more

The Future of the Affordable Care Act Week 8: An Employer’s Guide to the Collapse of the American Health Care Act (Spoiler Alert—the News is Not all Bad)

The stunning failure of the U.S. House of Representatives to pass the American Health Care Act (AHCA) (which we previously reported on here) has political and policy implications that we cannot forecast. Nor it is it clear to us…more

Doctor's Legal Malpractice Claim Tossed Based on Her Failure to Demonstrate "But For" Causation

Manveen Saluja, M.D. v. Honigman Miller Schwartz & Cohn, LLP, 2017 WL 1033751 (Mich. 2017) - Brief Summary - Summary judgment in favor of defendants was affirmed based on plaintiff's failure to establish that but for the…more

Health Alert (Australia) March 27, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 21 March 2017 - Hicks v Mater Misericordiae Ltd [2017] QSC 38 - The applicant brought proceedings against the respondents to…more

Delaware Chancery Preliminarily Enjoins Merger-Related Stockholder Meeting Until Financial Advisor's Fees For Merger-Related Financing Are Disclosed

On March 22, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery preliminarily enjoined a stockholder vote on the proposed acquisition by Consolidated Communications Holdings, Inc. (“Consolidated”) of FairPoint…more

Strict Enforcement of Attendance Procedures May Create Liability for Employers under FMLA

Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of…more

Thoughts on the Fairness in Class Action Litigation Act of 2017

A fair amount of attention has been given in the legal media to the Fairness in Class Action Litigation Act of 2017, H.R. 985, which has passed the House of Representatives and is currently under consideration by the Senate…more

Ontario's new International Commercial Arbitration Act, 2017

On March 22, 2017, key aspects of Ontario’s arbitration legislation were significantly revised when Bill 27, Burden Reduction Act, 2017 received Royal Assent from the Lieutenant Governor. According to its own introductory note, Bill 27…more

SEC Shortens Settlement Cycle to T+2

The Securities and Exchange Commission has adopted an amendment that will shorten the standard settlement cycle for most broker-dealer transactions from T+3 to T+2. Related amendments to rules of the New York Stock Exchange, the Nasdaq…more

ITC Proceedings Do Not Trigger One Year Clock to File IPR

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the ITC does…more

Laches Limited To Being An Equitable Defense In Patent Cases

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court made plain that laches is merely an equitable defense in patent cases, and will not bar a damage claim if brought within the six year statute of…more

The Year Ahead for GCs and Compliance Officers: Reporting from the Annual SIFMA Compliance & Legal Society Seminar

From March 19–22, the Securities Industry and Financial Markets Association (“SIFMA”) hosted its Annual Compliance & Legal Society Seminar in San Diego, California. This seminar is the top conference for financial institutions…more

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and unfair…more

Ding Dong the Regulation’s Dead! – Trump Finalizes Statutory Repeal of the Fair Pay and Safe Workplaces Rule

As we previously reported, Congress has taken its final steps in repealing Obama’s Fair Pay & Safe Workplaces rule, one of the most controversial rules enacted by the Federal Acquisition Regulatory (FAR) Council under President Obama…more

Compensation in Question? Remember that Guidelines are Tools not Rules

As anyone working in the estate area knows, the task of the personal representative is often onerous. But how much is it worth? The Court discussed how to set compensation for personal representatives in Berry (Re), 2017 ABQB 77, the…more

Affordable Care Act Survives Again; Repeal and Replace Bill Withdrawn

As has been widely reported, proponents of the American Health Care Act withdrew the bill from consideration before the full House of Representatives could vote on it last Friday. Early statements suggest there is no immediate intent…more

Corporate Governance Features: for Silicon Valley and San Francisco Bay Area Public Companies

Orrick has unveiled an unprecedented new study examining the corporate governance structures of the largest public companies in the Bay Area, including tech industry leaders. The comprehensive study reviewed the 153…more

Beltway Briefing: March 21

Blake Rutherford, Mark Alderman, and Howard Schweitzer, of Cozen O'Connor Public Strategies, discuss the recent developments in politics and policy in Washington, D.C. Blake: Thank you very much, and thanks to everyone for joining…more

The Hague Securities Convention – I. Lending Against Securities in the U.S. After April 1, 2017

The Hague Securities Convention, which goes into effect in the United States on April 1, 2017, will have significant impact on the law applied to all transactions – past and future – collateralized by securities held by an intermediary…more

Autonomous Vehicles and All That Data

In an earlier post, we discussed the potential ownership models for autonomous vehicles, also known as driverless cars (“AVs”). Models range from true traditional ownership as we understand it today, to licensed-based models (vehicles…more

Tenth Circuit Clarifies Rule of Reason Analysis for Tying Claims

Tying is a chameleon in antitrust law. Courts can condemn tying arrangements as either per se violations or as unlawful under the rule of reason. For a per se tying violation, plaintiff must show that the defendant had economic power…more

Issue 107: House Pulls AHCA Minutes After Expected Vote - Future of Repeal Efforts Uncertain

This is the one hundred and seventh issue in our series of alerts for employers on selected topics on health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis of certain…more

California Residential Leases: Ten Things to Know (Part 1)

Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 1 of a two-part series listing ten important rights and responsibilities every residential…more

Key Updates Regarding the Massachusetts Consumer Protection Act – Chapter 93A

Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given the…more

If you cook the food, you should have a say in how the groceries are picked

If there is one famous quote that’s landed me in trouble, it’s one from my favorite football coach Bill Parcells. Parcells was coaching the New England Patriots and he wasn’t getting along with the new owner Robert Kraft because…more

Business Planning Alert: "Selling a Business? Pay Attention to Your Confidentiality Agreement"

Selling a business can be a momentous event. The process used to do so should accordingly be carefully considered and implemented. An early step in the process should be to obtain appropriate confidentiality agreements from…more

Shining a Light on the Darknet: What Every Business Should Know

The portion of the Internet that most people generally use is only one of three layers. The commonly used layer that is accessible by search engines is referred to as the clearnet or the surface web and represents only about four per…more

Was it a Mineral Deed or an Oil and Gas Lease?

How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like “forever” and imposes no duty to explore for and develop minerals…more

Blacklisting Rules Blocked By Trump’s Signature

Obama Administration’s Fair Pay And Safe Workplaces Rule Falls Victim To Congressional Disapproval Resolution Today, President Trump signed his approval to a joint resolution passed by Congress disapproving of Executive Order…more

After Re-Defining ERISA-Fiduciary Duties, Tussey Returned to the Eighth Circuit

Tussey was back before the Eighth Circuit to determine what ABB’s breach cost the ABB, Inc. 401(k) defined contribution saving plans, one plan for union employees and the second for non-union employees (collectively “the Plans”). The…more

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