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Notes on Day 4 of the JPMorgan Healthcare Conference

Some interesting presentations on the last day of the JPMorgan Healthcare Conference that concentrated on common themes – the increasing importance of ancillary business line to bolster core business revenue and of filling in holes to…more

PTAB Finds Copyright Notice and Catalog Listing Insufficient as Proof of Public Availability

A Patent Trial and Appeal Board (PTAB) panel has denied institution of an inter partes review proceeding because the petitioner did not establish that key references were properly qualified as printed publications under 35 U.S.C. §…more

Former Equity Portfolio Manager Jailed by UK Court for 12 Months for Insider Dealing

Mark Lyttleton, formerly an Equity Portfolio Manager at BlackRock Investment Management (UK) Limited, was sentenced to 12 months jail (reduced from 18 months) on two counts of insider dealing. Mr. Lyttleton was an Investment Portfolio…more

2016 Global Cartel Enforcement Report

Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued. Several significant developments occurred in cartel enforcement in 2016…more

“Pardon Me, PORTON,” says PATRON, “But We Heard You”

Pisco is a light-colored brandy traditionally produced in portions of Peru and Chile.  One brand that offers this product in the United States is PISCO PORTÓN (the later word meaning “gate” in Spanish)…more

FDA Adverse-Event Reports Go Public

Years of adverse-event reports documenting problems associated with compromised food, dangerous drugs and harmful cosmetics are now available to the public. The information can be obtained, free of charge, via a downloadable report to…more

HHS Finalizes Major Changes to the Common Rule

On January 18, 2017, the U.S. Department of Health and Human Services (HHS), together with fifteen other federal Departments and Agencies, issued a final rule intended to revise and modernize the federal Policy for the Protection of…more

Changes in tax and customs legislation: novelties in the appeals procedure and certain administrative matters

From 1 January 2017 numerous changes to the tax and customs legislation of the Republic of Kazakhstan has become effective. The majority of these changes were introduced by the Law of the Republic of Kazakhstan dated 30 November 2016…more

A Look at the EEOC’s Latest Guidance on National Origin

The U.S. Equal Employment Opportunity Commission has issued new guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. The enforcement guidance is significantly more detailed than the last…more

ALERT: New Form I-9 Mandatory From January 22, 2017

Beginning this Sunday, January 22, 2017, employers will be required to use the most current version of U.S. Citizenship & Immigration Service Form I-9, the form employers are required to use to verify the employment authorization of…more

Recent Changes and Clarifications to the Illinois Employee Sick Leave Act

Seyfarth Synopsis: The Illinois Employee Sick Leave Act (“ESLA”), which went into effect on January 1, 2017, requires employers that provide employees with “personal sick leave benefits” must allow the use of such benefits for certain…more

What You Need To Know About the FDA’s Guidance on Postmarket Cybersecurity

The FDA released its final Guidance on Postmarket Management of Cybersecurity in Medical Devices during the week between Christmas and New Year. You can link to a full copy here, and we gave you our detailed take on the draft Guidance…more

FDA bans powdered gloves in human, animal medicine

Effective Jan. 18, 2017, the federal Food and Drug Administration has, by implementation of a final rule, banned the use of powdered gloves by a physician when treating humans or animals. Powdered gloves are now added to the listing of…more

“Primed” to Read about Data Privacy? The Sedona Conference Has a New Primer for You: eDiscovery Best Practices

The proliferation of data in our society today makes the task of protecting sensitive and private data more challenging than ever. Without a doubt, privacy and data protection laws have evolved quite a bit over the past several years…more

A Bogosian Shortcut Through the Mushroom Patch – The Latest Chapter of a Fairytale Doctrine

Few cases in the antitrust canon have been invoked more frequently, for the wrong reasons, than the Third Circuit’s 1977 decision in Bogosian v. Gulf Oil. For four decades now – culminating in the recent release of a decision…more

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in Wink v…more

Supreme Court Grants Cert in Amgen v. Sandoz

On January 13, 2017, the Supreme Court granted Sandoz’s petition for certiorari and Amgen’s cross-petition in Amgen v. Sandoz, case nos. 15-1039 and 15-1195. The two cases were consolidated, and an hour was allotted for oral argument…more

Cookies, Directories, Advertising and Personal Data: New EU Rules on Privacy in Electronic Communications

The Digital Single Market Strategy ("DSM Strategy") had, as an objective, to increase trust in and the security of digital services. In that context, the EC proposed a reform of the data protection framework across the EU, which…more

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss through…more

Boehringer Ingelheim’s biosimilar candidate to Humira accepted for review by FDA and EMA

Boehringer Ingelheim today announced that its adalimumab biosimilar (biosimilar to Humira) has been accepted for regulatory review by the FDA and the EMA (European Medicines Agency). This is the second biosimilar candidate to…more

Social Security Number Privacy Policies: A How-To Guide

Social Security Numbers (“SSN”) were originally established by the Social Security Administration to track earnings and eligibility for Social Security benefits. Because a SSN is a unique personal identifier that rarely changes…more

California Court Declines to Issue DTSA Seizure Order

On January 6, 2016, the U.S. District Court for the Northern District of California issued one of its first decisions interpreting the ex parte seizure provisions found in the recently enacted Defend Trade Secrets Act of 2016 (DTSA)…more

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way through…more

OTA & Travel Distribution Update – Dec. 30th, 2016

My final client OTA & Travel Distribution Update for 2016 is below. It has been a quite week in the world of distribution. Here’s to a 2017 filled with much success and happiness. Happy New Year…more

Secured Lenders Beware: Delaware Bankruptcy Court Holds Fee Cap

The influential Delaware bankruptcy court issued a recent decision that all secured lenders need to be aware of. In this decision, the bankruptcy court held that the fees of the official creditors’ committee were not limited by the…more

Car Technologies Capture Attention, Excitement at CES 2017

At this year’s Consumer Electronics Show, automotive technology continued its growing role at the show and shared the spotlight with virtual and augmented reality systems, video recording toothbrushes, and smart home products such as…more

4 Factors Influencing Enhanced Damages After Halo

This article considers district court decisions on enhanced damages issued within the first six months after Halo, particularly focusing on the factors that influence whether enhanced damages are ultimately awarded. Our article…more

CFPB Issues First Ever Debt Collection Survey on Its Path to Regulating the Industry

The Consumer Financial Protection Bureau ("CFPB" or "Bureau") released findings of a survey (the "Survey") on consumer views on debt and the debt collection process. The Survey takes aim at not only third party debt collectors, those…more

Substantive Consolidation - Recent Decisions Examine a Bankruptcy Court’s Ability to Augment a Debtor’s Estate

Two recent opinions concerning the law of substantive consolidation should be of interest to business owners and commercial real estate market participants. The doctrine of substantive consolidation allows a bankruptcy court, in…more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.

A. An insured killed by a thief driving the insured’s vehicle is entitled to coverage under his S.P.F. 44 Endorsement, notwithstanding that one part of the definition of “inadequately insured motorist” purports to exclude coverage…more

FTC Announces Settlement of Two Big Robocall Lawsuits

Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to numerous…more

January 20, 2017; A Historical Day

This is another article in our series addressing the continued deterioration and downward spiral of multi-employer defined benefit pension funds and the resulting impact upon participants, unions and most importantly on employers…more

Chair White’s Remarks

On January 17, Chair White delivered a speech at The Economic Club of New York, which was titled “The SEC after the Financial Crisis: Protecting Investors, Preserving Markets.” Chair White commented on the Securities and Exchange…more

Delaware Moves to Revamp Its Unclaimed Property Law

On January 12, 2017, the Delaware Senate introduced legislation that represents a complete rewrite of the state’s Escheats Law, currently codified at 12 Del. Code Ann. § 1130 et seq. The bill – SB 13 – is essentially the…more

Cybersecurity Incident Response: Who You Gonna Call?

Who should you call when you suspect, or are certain of, a data breach? Data breaches and other cybersecurity incidents have become of a fact of life. Yahoo! recently disclosed that data for over one billion users was compromised in…more

New law to combat counterfeiting: what does it mean for businesses and brand owners?

In a win for legitimate brand owners, businesses in the UAE dealing with counterfeit products now face far greater penalties. The maximum penalty for involvement in counterfeiting is now AED 1 million (approx. US$275,000) for…more

Establishment of the Parallel Market of the Saudi Stock Exchange

Background - On 21 December 2016, the Capital Market Authority of Saudi Arabia (the CMA) approved the Parallel Market Listing Rules (the Rules), thereby establishing the Parallel Market, an alternative market to the Main Market of…more

EPA's First Regulation of Nanomaterials May Impact Supply Chains

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) issued a controversial rule requiring all persons who propose to commence manufacturing or processing certain nanoscale materials, or who have done so in the past…more

Consumer Review Fairness Act Prevents Companies From Stifling Negative Consumer Reviews

Troubled by the effect of inaccurate or unfair negative online reviews of their businesses, some companies have inserted "anti-disparagement clauses" into their consumer-facing contracts. From the start, these clauses have faced legal…more

NCSL Task Force on SALT Meets in Anticipation of Active Legislative Sessions

On Saturday, January 14, the National Conference of State Legislatures (NCSL) Task Force on State and Local Taxation (Task Force) met in Scottsdale, Arizona to discuss many of the key legislative issues that are likely to be considered…more

New York Employment Law Update

This Client Bulletin provides an update on New York State (NYS) and New York City (NYC) employment law. Paid Family Leave (NYS) - Beginning January 1, 2018, New York State will have the most comprehensive paid leave program…more

Loans Between Related Entities

What Was Intended? Over the last thirty years, I have reviewed the income tax returns of many closely held corporations and partnerships. Quite often, on Schedule L (the balance sheet), I will see an entry for “other assets” or…more

New York Increases its Minimum Wage Rate and the Minimum Salary Level for Exempt

New York is among a number of states implementing minimum wage increases for 2017; however, New York also increased the minimum salary levels needed to be considered exempt from overtime pay requirements under state law. On…more

EEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests

The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”). While the guidance is…more

Summary and implications of proposed 'Counteracting Russian Hostilities Act of 2017'

On January 10, 2017, a bipartisan group of senators released proposed sanctions legislation targeting Russia, entitled the “Counteracting Russian Hostilities Act of 2017” (the “Bill”). If enacted, the Bill would require the President…more

TSCA: EPA Proposes Requirements for TSCA Inventory Notification (Active-Inactive)

On January 13, 2017, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would require an electronic notification for chemical substances listed on the Toxic Substances Control Act (TSCA) Inventory that were…more

Did San Francisco Eliminate its Transfer Tax Exception for Certain Gifts?

It seems that San Francisco may have just partially removed its exception from transfer tax that applied to gifts, but the Office of the Assessor-Recorder may not be aware. As a bit of background, transfer tax applies to transfers of…more

SBA's New Rule Offers Some Welcome Changes for the Franchise Community

The Small Business Administration (SBA) has been a key player in franchise development, providing loan guarantees for franchisee start-ups. As a condition for providing these guarantees, the SBA historically required a franchisee to…more

The Implications of Insureds’ Illegal Conduct

Allegations of corporate bribery and corruption are increasingly frequent. According to a recent report by PwC, the World Bank estimates that more than $1 trillion is paid in bribes each year and 55 percent of global CEOs remain…more

Supreme Court Agrees To Wade Into Class Waiver Conflict

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will provide…more

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