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Enforcing the Regulatory Reform Agenda: Bureaucracy Designed to End Bureaucracy

On February 24, 2017, President Trump issued an Executive Order–“Enforcing the Regulatory Reform Agenda–that creates mechanisms designed to reduce bureaucracy. The Order, which advances the president’s campaign agenda of diminishing…more

WPI Wage Watch: Minimum Wage & Overtime Updates (February Edition)

The year’s shortest month contains a long list of minimum wage and overtime developments. Though to date in 2017 a minimum wage proposal has yet to pass a single state house, and measures in Mississippi, North Dakota, Virginia, and…more

What’s in store for the Affordable Care Act and drug pricing policy under the Trump administration?

The Trump administration has been vocal in its criticism of the Affordable Care Act (ACA), and already has worked with the Republican-controlled Congress to begin rolling back key provisions of the legislation. The promised repeal and…more

South Carolina court says 'NO' to employee's claims against Boeing

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various reasons…more

Title IX Meets VII: Grappling with Gender-Based Harassment and Discrimination in Education

Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis of sex, be…more

DOJ Issues New Corporate Compliance Guidelines; Document Outlines Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs

Recently, and without the fanfare that often accompanies new policy guidance regarding corporate fraud, the Fraud Section of the Department of Justice posted a document on its website entitled “Evaluation of Corporate Compliance…more

When Can Judicial Review of a Tribunal's Decision Include a Tribunal's Other Decisions?

When can a court review a tribunal's decisions, other than the decision under review, in determining whether the decision should be subject to a remedy on judicial review? This question arises from the recent Supreme Court of Canada…more

Stay out of TROUBLE: Make sure your CPA is asking you the right QUESTIONS regarding Foreign Accounts!

US International tax is complicated. It often overwhelms US Taxpayers. That is why an international tax specialist CPA is the best choice for the work. Nonetheless, many Taxpayers seek the help of tax return preparers without…more

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press Secretary…more

UK Financial Conduct Authority Publishes Final Changes to Rules on Delaying Disclosure of Information

The Financial Conduct Authority published a Policy Statement and final changes to rules on delaying the disclosure of inside information in the Disclosure Guidance and Transparency Rules. Minor changes have been made since the FCA's…more

[Events] International Brand Protection and Enforcement: Best Practices and Key Insights for the United States, Europe, and China - March 30th, Boston, MA

Please join us for an interactive roundtable discussion with experienced trademark practitioners from the United States, Europe, and China, offering industry considerations and practical insights on where the laws and practice converge…more

UK: A new insurance framework for driverless cars – Government Bill provides details

The Government has introduced the Vehicle Technology and Aviation Bill to Parliament, setting out in detail how the UK’s compulsory motor insurance framework will be amended to handle automated vehicles…more

Supreme Court Patent Ruling on Global Exportation of Component Parts

The Supreme Court’s recent decision in Life Technologies Corp. v. Promega Corp. raises important issues regarding the extraterritorial effect of patent law on global supply chains. The primary issue in the case is whether the supply of…more

Big Pharma enlists more useful allies: pay-for-hire academic economists

It’s a $50-million business with a roster of blue-chip consultants who would be an envied faculty at most any major university. But look closely at the activities of Precision Health Economics because this firm’s esteemed academic…more

Remand to District Court to Attempt to Identify “Article of Manufacture” for Design Patent Damages

Addressing the design patent battle between Apple and Samsung on remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit declined to apply the new standard or to order specific action by the…more

How far does the duty to make reasonable adjustments extend, asked the EAT in The Home Office (UK Visas & Immigration) v. Kuranchie UKEAT/0202/16/BA.

Ms Kuranchie was disabled, suffering from dyslexia and dyspraxia. In early 2013 she spoke with her then line manager about her disability and how the lack of adjustments was causing her to have to work long hours to enable her to get…more

Meritas Capability Webinar - How The Trump Administration is Changing US Immigration

This Webinar will provide a review of the first 40 days of the Trump administration action on US immigration law and what this means for both US and non-US companies and employers. This includes changes in visa issuance, entry to the…more

It’s March 1: The Cybersecurity Goal Post Has Been Moved

In an effort to combat the growing prevalence of large-scale corporate cyberattacks, the New York Department of Financial Services (“NYDFS”) is rolling out a revamped cybersecurity regulation for financial services companies to take…more

[Video]Meritas Capability Webinar - How The Trump Administration is Changing US Immigration

This Webinar will provide a review of the first 40 days of the Trump administration action on US immigration law and what this means for both US and non-US companies and employers. This includes changes in visa issuance, entry to the…more

Executive Orders on Immigration: How Employers Can Prepare for Increased Enforcement Actions

Recent press reports describe worksite raids and other types of enforcement action by U.S. immigration authorities, illustrating the new immigration reality introduced by the Trump Administration. Employers have taken notice and should…more

FDA Publishes Guidance on Off-Label Use Communications

The U.S. Food and Drug Administration (FDA) recently released two draft guidance documents and a memorandum related to off-label communications and the FDA’s power to regulate such communications. The publications are the FDA’s…more

Genentech v. Amgen: Amgen Seeks Dismissal Under Amgen v. Sandoz

As we previously reported, Genentech earlier this month filed a declaratory judgment action against Amgen. In this litigation, Genentech claims that Amgen has violated the patent dance provisions of the BPCIA by disclosing its aBLA for…more

If You Sue Facebook, What's The Likelihood You'll Be Allowed To Depose Mark Zuckerberg?

Companies are no strangers to litigation. In California, it is a cost of doing business. Unfortunately, it is not uncommon for litigants to try to gain leverage in a dispute with a corporate party by attempting to depose its high-level…more

Insider Trading Conviction Upheld by First Circuit

Salman v. U.S., 136 S.C. 899 (2016) presented issues regarding the personal benefit test and gifting in the context of an insider trading tipping case. Ultimately the High Court focused on the question of gifting material non-public…more

JSH Attorneys Prevailed By Motion To Dismiss In Professional Negligence Matter

On behalf of their clients, Dr. Michael Bauer and Dr. Denis Furr, Jeremy Johnson, Heather Bushor and Justin Ackerman of Jones, Skelton & Hochuli, prevailed on two motions to dismiss in a multi-million dollar professional liability…more

Secretary of Homeland Security Issues Memos to Implement President Trump's Immigration Enforcement Orders

On February 20, 2017, Secretary of Homeland Security John Kelly issued two memos that provide guidance to Department of Homeland Security (DHS) officers and employees in implementing two of the Executive Orders announced by President…more

New Political Climate May Lead to Class Action Changes

The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential changes on the respective class…more

SBA Size Standards Under the Microscope

SBA's size standards are one of the agency's most important metrics. The size standards draw a bright line between small and large businesses for each industry by NAICS code. A firm that is below the size standard for its industry is…more

Fiduciary Rule Under Review – Delayed Applicability Date

In a prior post, we covered President Trump’s order directing the Department of Labor to review the new regulation and, as it deems appropriate, to take steps to revise or rescind it. The Employee Benefits Security Administration…more

Revisions to N.D. California Patent Local Rules

On January 17, 2017, the Northern District of California enacted revisions to the Patent Local Rules. The revised rules, which took effect immediately, require earlier disclosure of damages-related discovery and contentions…more

Land Court Finds that Texting Can Bind Parties

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy than the…more

Leaked Draft Executive Order to Respect Religious Freedom Disrespects the LGBTQ Community

Last summer, Donald Trump received recognition for being the first Republican presidential nominee to mention the LGBTQ community in his acceptance speech. If you didn’t actually listen to his speech or read the transcript, you may…more

The Trump Administration Begins the Task of Selecting New Federal Antitrust Enforcers

With every new administration, there is typically a change in the leadership of both the Federal Trade Commission and the DOJ Antitrust Division, the two regulators principally responsible for federal antitrust oversight. Not…more

Oman's New Tax Law

Oman's latest Royal Decree introduces sweeping amendments to the Income Tax Law of 2009 and was formally published on 26 February 2017…more

Ninth Circuit Provides More Detailed Guidance on the Enforceability of Arbitration Provisions

On January 19, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Norcia v. Samsung Telecommunications America, LLC in which it provided guidance on the enforceability of arbitration agreements in consumer…more

Speculation That FDA May Require a Formulation Change ≠ Infringement

Last month, we reported on the District of Delaware’s decision in Bayer Pharma AG et al. v. Watson Laboratories, Inc., C.A. No. 12-1726-LPS, 2016 WL 7468172 (D. Del. Dec. 28, 2016) which held that speculation of a Hatch-Waxman…more

U.S. Securities-Based Crowdfunding

Acting Chair Piwowar made remarks at the the Dialogue on Crowdfunding hosted by the Securities and Exchange Commission and the Salomon Center for the Study of Financial Institutions at New York University. In his remarks, Acting Chair…more

European Banking Authority Published Final Draft Technical Standards for Payment Service Providers

The European Banking Authority published final draft Regulatory Technical Standards on the requirements of strong customer authentication and secure communication under the revised Payment Services Directive (known as PSD2). PSD2…more

Limitations on Community Association Approval or Denial of Service Member Rental Applications

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven days of…more

5 Takeaways: Ex Parte Appeals: A Multi-Year & Expensive Trajectory or an Allowance within 2 Months?

Kilpatrick Townsend attorneys Kate Gaudry, Ph. D. and Sameer Vadera recently presented to the Intellectual Property Owners Association (IPO) Software Related Inventions Committee regarding “Ex Parte Appeals: A Multi-Year & Expensive…more

2017 HIPAA Enforcement: Year to Date Lessons

With the announcements from OCR of three resolution agreements and one civil money penalty as of mid-February, OCR is off to a record start for HIPAA enforcement in 2017, with double the announcements as the same time last year…more

New Hope for Employee Handbooks?

During the prior Administration, the National Labor Relations Board (NLRB) scrutinized employment policies contained in handbooks and policy manuals, and found many of the policies unlawful under the theory that they “chilled” the…more

Worker Safety Law Alert: What You Need to Know to Avoid Enforcement Actions

Employers should remain on alert regarding the increasing trend towards more aggressive enforcement of worker safety standards demonstrated over the past year by the U.S. Occupational Safety and Health Administration (“OSHA”) and the…more

Night Note: The 1st 100 Days

Seeking to avoid exposure to the dispute settlement system of the World Trade Organization (WTO), the head of the new White House National Trade Council has requested a legal analysis from the U.S. Trade Representative…more

Janssen v. Celltrion: Celltrion moves to dismiss for lack of standing

As we previously reported regarding Janssen v. Celltrion, after the district court postponed trial and heard oral argument on the damages issues related to Celltrion’s challenge to Janssen’s standing, the Court set a deadline for…more

A Scary Dam Cat

The February 12, 2017 emergency evacuation of nearly 200,000 California residents living in and around the town of Oroville, downstream from the Oroville Dam, was a stunning reminder of the ironic danger created by major dams. Built…more

Hot Topics at Employment Law Seminar

On February 24, 2017, the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group presented its fourteenth annual Hot Topics in Employment Law seminar to an audience of nearly four hundred clients and members of…more

Lack of Bona Fide Intent to Use and Its Consequences According to the 6th Circuit

The Sixth Circuit Court of Appeals recently issued an important decision about the bona fide intent requirement when filing an intent to use (“ITU”) application and the consequences when there is a lack of bona fide intent as to some…more

Ransomware: A How-To Guide

Some forms of cyber extortion are automated and not targeted at any specific victim. For example, “ransomware” refers to a type of malware that prevents users from accessing their systems unless, and until, a ransom is paid…more

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Coabana Holdings LLC is a subsidiary of Reneo Consulting LLC, a strategic consulting firm. Coabana Holdings assists American companies seeking to do business in Cuba. The company has built strong…

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