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Changes to the PSC regime

Although the PSC regime has only been in force since spring 2016, the government is now consulting on changes to the regime to make it compliant with the Fourth Money Laundering Directive. The Directive came into force on 25 June…more

Congress Agrees to Spend $500 Million on Disaster Recovery Efforts

As part of the agreement over the CR, Congress agreed to spend $500 million to help Louisiana and other states recover from recent flooding. At least $400 million is expected to go to Louisiana, where August flooding killed 13 people…more

District of Columbia Court of Appeals Adopts FRE 702 as the Legal Standard for the Admissibility of Expert Testimony

Key Points - - The District of Columbia Court of Appeals has adopted Federal Rule of Evidence 702 as the legal standard for determining the admissibility of expert testimony in the District of Columbia in all cases, criminal…more

Warranties and representations distinguished

The High Court has considered whether warranties in a share purchase agreement were also representations and could, therefore, found an action for misrepresentation under the Misrepresentation Act 1967…more

HHS-OCR Announces Guidance On HIPAA Compliance And Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance on complying with HIPAA privacy, security, and breach notification rules when using cloud computing technology (i.e.…more

Hong Kong Securities Laws Violations: The SFC’s Extra-Territorial Reach – Part 2 (U.S. short-seller found culpable of market misconduct)

Hong Kong’s Market Misconduct Tribunal (the "MMT") has found U.S.-based Andrew Edward Left culpable of market misconduct in connection with his research report (“Left’s report”), published on June 21, 2012 on a U.S.-based Internet…more

District Court Denies Motion for Preliminary Injunction Where Inter Partes Review ("IPR") Pending on Claims from Different Patent But Similar to Patent-In-Suit

In earlier patent infringement litigation, the Plaintiff sued DNA, LLC ("Ancestry") in the District of Delaware ("Delaware litigation") alleging infringement of U.S. Patent Number 8,221,381 (the "'381 patent"). Ancestry…more

Whistleblower Can’t Use Discovery Info to Satisfy Rule 9(b)

Rule 9(b) requires a whistleblower alleging fraud to “state with particularity the circumstances constituting fraud.” Tom Bingham provided the particularity, but his case was nevertheless dismissed because of the way he came by the…more

Perdiemco, LLC. v. Industrack LLC (E.D. Tex. 2016)

In the U.S. District Court for the Eastern District of Texas, in a case captioned Perdiemco, LLC. v. Industrack LLC, the Court found some patents having method claims directed to "conveying user location" to be patent-eligible under 35…more

Banking Regulators Release Advanced Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards

Yesterday, the Office of the Comptroller of the Currency (OCC), the Federal Reserve Board (Fed), and the Federal Deposit Insurance Corporation (FDIC) issued a joint advanced notice of proposed rulemaking (ANPRM) seeking comment on…more

Activation of Premium Services, The Italian Competition Authority Fines Telepass for Unfair Commercial Practices

On 20 October 2016, the Italian Competition Authority (the “Authority”) fined Telepass of EUR 200,000 for alleged unfair commercial practices. According to the Authority, Telepass would have activated a premium service (premium option…more

Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions

On October 17, 2016, in a case of first impression, the Sixth Circuit held that ascertainability is not a requirement in Federal Rule of Civil Procedure 23(b)(2) class actions. The Sixth Circuit joined three other Circuits and…more

TCA TV Corp. v. McCollum - USCA, Second Circuit, October 11, 2016

Second Circuit rejects fair use defense in copyright action brought by Abbott and Costello heirs for use of comic duo’s “Who’s On First?” routine in play “Hand to God,” but affirms dismissal on grounds that plaintiffs failed to…more

Cyber Security and Loss Recovery - A New Alternative for Organizations

The largest data breaches ever have occurred since 2015, and targets have encompassed a wide spectrum of entities. Organizations affected range from U.S. DOJ and the IRS—where citizens’ personally identifying information was stolen and…more

EEOC Announces Enforcement Priorities

On Monday, the EEOC announced its updated strategic enforcement plan for fiscal years 2017 through 2021. The updated plan contains the organization’s priorities and strategies for enforcing laws and regulations on equal opportunity and…more

"SEC Staff Issues Interpretive Guidance on Pay Ratio Rules"

On October 18, 2016, the staff of the Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission (SEC) issued interpretive guidance on the pay ratio disclosure requirements in Item 402(u) of Regulation S-K…more

Financial Services Quarterly Report - Third Quarter 2016: Managing the Compliance Aspects of Private Equity Investments

International business transactions can be subject to intense scrutiny due to the broad scope of the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, in addition to other similar anti-corruption measures around the…more

A Framework for Discovery Automation: eDiscovery Trends

Automation has been a recurring theme this year on this blog. At the beginning of the year, I declared that the age of eDiscovery automation is upon us. I’ve also spoken about discovery automation on numerous occasions, including…more

What Standard Governs the Dismissal of a Relator's Claim for Violation of the False Claims Act's Seal Requirement in an Action Over Hurricane Katrina-Related Insurance Payments?

In the aftermath of the destruction caused by Hurricane Katrina in 2005, Cori and Kerri Rigsby accused State Farm Fire and Casualty Company of falsely misclassifying wind damage as flood damage, among other misdeeds, leaving a federal…more

Power Homes Remodeling Settles TCPA Class Action

On October 12, 2016, the United States District Court for the Eastern District of Pennsylvania issued final approval of the $5.2 million settlement, resolving a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against…more

Yelp Cannot Be Held Liable for Negative Review

Retailers are familiar with as a ratings website with a star rating system that allows customers to rate products and services they receive, as well as add individual reviews and comments. Positive reviews can generate…more

Health Update - October 2016

Defining and Resolving the Provider Data Dilemma - Editor’s Note: Provider data drives the most fundamental processes in the healthcare system. Inaccurate provider data puts patient care and billions of dollars at risk. While…more

Case Dismissed: Judge Rules that Plaintiff’s Pool Lift ADA Cases Have No Place in Federal Court

In the latest decision against an Arizona “high frequency ADA litigant”, the United States District Court for the Central District of California ruled this week that cases like Brooke vs. Perry Family Trust, et al. have no place in…more

This Week In Securities Litigation

The Commission filed another action in which admissions were required as part of the settlement. The proceeding named as Respondents a foreign bank and two of subsidiaries. Respondents variously acted as unregistered brokers and/or an…more

OSHA Proposes to Apply Its Lockout Standard to Expected Startups

The Occupational Safety and Health Administration’s (OSHA) Lockout Standard (29 C.F.R. 1910.147) applies today only to “unexpected” startups of machinery. For example, the standard does not apply if alarms give employees such clearly…more

Warning Causation Potpourri in New Jersey Mass Tort

Over the last couple of years, the Accutane mass tort in New Jersey state court has become the gift that keeps on giving. The latest installment is a two-fer: In re Accutane Litigation, 2016 WL 5958374 (New Jersey Super. Law. Div…more

Nationwide Moves for Reconsideration Following Sixth Circuit’s revival of Data Breach Class Action

On September 26, 2016, Nationwide Mutual Insurance Co. (“Nationwide”) petitioned the Sixth Circuit Court of Appeals to reconsider its September 12, 2016 ruling that revived a class action arising out of Nationwide’s 2012 data breach…more

UK CMA Imposes Behavioural Commitments akin to a Structural Divestment: The Sci-fi Magazines Case

Divestments often constitute the most appropriate remedy to resolve antitrust concerns in the context of merger control. However, behavioural commitments may also have the same commercial effects as a divestment. This was illustrated…more

Norwegian Study Concludes Infliximab Biosimilar Not Inferior To Remicade

A study conducted by the Norwegian government compared Johnson & Johnson’s Remicade (infliximab) to Celltrion’s approved biosimilar Remsima. The “NOR-SWITCH” study, which cost $2.5 million, was a 52-week Phase IV study that began in…more

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA or FBI.”…more

Asia-Pacific Data Flow

On October 19, the US Department of Commerce and the Personal Information Protection Commission of Japan announced their commitment to expand the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR) system that…more

(UK) Business Rates and Compensation for Tenants

Following our recent update on business rates, we are warning developers to look at their budgets for statutory compensation that may be due at the end of a 1954 Act protected tenancy because of the VOA’s reassessment of rateable…more

SEC Approves FINRA Rules Addressing “Pay-to-Play” Practices

The Securities and Exchange Commission (the “SEC”) recently approved the Financial Industry Regulatory Authority, Inc. (“FINRA”) proposal to adopt FINRA Rules 2030 and 4580, which set forth pay-to-play restrictions, and associated…more

Steps Taken to Implement the Remedies Emerging from the UK's Retail Banking Market Investigation 

The UK's Competition & Markets Authority published proposals for the implementation of certain remedies to counter the adverse effects on competition which were identified in the CMA's final report on the retail banking market…more

Dynamic IP Address May Now be Protected Personal Data Under EU Law

On October 19, 2016, the Court of Justice of the European Union (CJEU) issued a judgment determining that dynamic Internet protocol (IP) addresses may constitute “personal data” subject to protection under the EU’s Data Protection…more

Sorry, Apple, Assignment of ITU Applications Isn’t MAGIC

Another installment of Apple surveillance: it appears the tech giant has enlisted a shell company to file trademark applications for its newest products. Problem is, they might be stuck there…more

Coming Soon to a Lawbook Near You – New Cosmetic Requirements

Back in April 2015, Senators Dianne Feinstein (D-CA) and Susan Collins (R-ME) introduced the Personal Care Products Safety Act (S.1014). More recently, on September 22, 2016, the Senate Health, Education, Labor, and Pensions Committee…more

Managers: Be Sure You Know All FCC Rules

On July 4, PBS-affiliated television stations nationwide purported to show live fireworks from the Mall in Washington, DC, without directly informing viewers that they were instead showing “a combination of the best fireworks from this…more

A Trustee's Duty To Disclose In Texas

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his speech on a “Trustees’ Duty To Disclose In Texas” to the Tarrant County Bar Association’s Business and Estate Section’s membership lunch in Fort…more

Antitrust Law - October 2016

Editor’s Note: On September 27, 2016, the Third Circuit handed the Federal Trade Commission (FTC) a significant victory in its campaign against hospital consolidation, reversing a District Court decision that denied a preliminary…more

Reduce Potential ADA Liability by Making ATMs and Websites Accessible

Banks and credit unions are among the most recent targets of a wave of demand letters and lawsuits alleging violation of the Americans With Disabilities Act of 1990 (the “ADA”). The most common allegations concern inaccessible ATMs and…more

UPDATE: Mylan Files Amicus Brief in Support of Apotex’s Petition in Amgen v. Apotex

Earlier this week, we reported on the amicus curiae brief filed by the Biosimilars Council in support of Apotex’s petition in Amgen v. Apotex. Mylan Pharmaceuticals Inc. has also filed an amicus brief in support of Apotex…more

New Win for Old Spice

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G. They…more

Court Affirms Finding That Will Was Lost And Not Revoked

In In the Estate of Burrell, a trial court admitted a copy of will to probate, and a contestant appealed. No. 09-14-00345-CV, 2016 Tex. App. LEXIS 10421 (Tex. App.—Beaumont September 22, 2016, no pet. history). This case was decided…more

Nevada Seizes Delaware’s Business Entity Formation Crown

Delaware has long dominated the market for incorporations. Thus, I was surprised to see University of Nevada Law Professor Eric H. Franklin write that Nevada enjoys a 4 to 1 advantage over Delaware in corporate formations. If this…more

Basel Committee on Banking Supervision Consults on Regulatory Treatment of Accounting Provisions 

The Basel Committee on Banking Supervision published a consultation paper and discussion paper on the regulatory treatment of accounting provisions under the Basel III capital framework and related policy considerations..…more

What's an 18 hour city?

Ely Portillo, of the Charlotte Observer, brings us all up to speed on defining commonly thrown about real estate development jargon. Low-rise? Mid-rise? Mixed-use? Your guide to jargon in a city of cranes…more

Corporate directors: no ban yet

There has been a further delay to the ban on UK companies appointing corporate directors. There is, as yet, no new firm implementation date…more

Funds Escape Debt-Equity Regulation Net—For Now

Key Points - - The New Regulations do not apply to debt issued by investment partnership funds, including publicly traded partnership funds, or blockers-at least, not now. - The New Regulations can apply to preferred…more

Burr Alert: Physicians, Surgery Centers and Taxes

Since the enactment of the net investment income tax ("NIIT") in 2012, physicians and other taxpayers owning multiple business interests have had to make educated choices based upon accounting projections and SWAGS when determining how…more

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