Latest Updates

Trump Administration Releases Fiscal Year 2018 Budget Proposal

On Tuesday, May 23, the White House released the President's fiscal year 2018 (FY18) budget, launching a contentious and consequential debate that is expected to last through the end of the fiscal year and possibly beyond. The detailed… more

Texas Considers Eminent Domain Bill

The Texas Senate approved an eminent domain bill intending to expand on current legislation. The bill’s author, State Senator Lois Kolkhorst, said “This bill is designed to build off of Senate Bill 18 six years later as we’ve learned… more

Use of Accounting Term of Art in Arbitration Provision of Asset Purchase Agreement Narrows its Scope in Favor of Bankruptcy Court Jurisdiction Over Post-Closing Dispute

The Delaware District Court affirmed the bankruptcy court’s decision that the combination of a narrow arbitration provision and the bankruptcy court’s reservation of jurisdiction warranted denial of a motion to compel arbitration. The… more

What You Need to Know from the CFPB Spring 2017 Supervisory Highlights

The Consumer Financial Protection Bureau (CFPB) released its Spring 2017 Supervisory Highlights last month. This is the 15th volume to be released and each volume is a great resource to obtain line-of-sight into what the CFPB is… more

RecogniCorp v. Nintendo—Alice Keeps Playing at the Federal Circuit

In the nearly three years since Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the Federal Circuit has analyzed the issue of patent-eligibility in the context of numerous distinct technologies. The court’s precedent applying… more

Singapore International Arbitration Centre Rules 2016: Towards Greater Efficiency in International Commercial Arbitration

The latest edition of the SIAC Arbitration Rules came into effect on 1 August 2016 and SIAC’s Annual Report published in March 2017 provides an update on how the new rules have been utilised. This client alert examines the key… more

Texas Supreme Court Refuses To Rule On Whether Texas Recognizes Tortious Interference With Inheritance Rights And Affirms A Constructive Trust Based On A Finding Of Mental Incompetence

In Jackson Walker LLPO v. Kinsel, Lesey and E.A. Kinsel owned a ranch, and when E.A. died, he divided his half between his children and Lesey. Jackson Walker, LLPO v. Kinsel, No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex… more

NLRB’s Budget Slashed: What Could It Mean To Your Business?

President Donald Trump has released a budget proposal reducing the National Labor Relations Board’s funding in fiscal year 2018 by nearly six percent. It also calls for significant staff reductions at a time when the agency’s caseload… more

Courts Will Not Second-Guess Development Decisions When the Findings are Supported by Substantial Evidence

On May 23,2017, the Court of Appeal for the Fourth Appellate District granted a request to publish Kutzke v. City of San Diego, __ Cal. App. 5th __ (2017) (Case No. D070288), another opinion that shows the deference courts give to… more

Rules of the Road: New CFTC Regulations Expand Whistleblower Bounty Program

The Commodity Futures Trading Commission (CFTC), published updated regulations Monday to bring its whistleblower bounty efforts more in line with the SEC’s. The rules were proposed last August and generally provide more robust… more

Texas Supreme Court Discusses Rights Conveyed by a Mineral Lease

The recent Lightning Oil Company v. Anadarko E&P Onshore, LLC F/K/A Andarko E&P Company, LP, decision of the Texas Supreme Court, which clarified the rights and obligations of owners of the surface property and the mineral interests… more

Kindred Nursing Centers L.P. v. Clark: The Supreme Court Reemphasizes That Arbitration Agreements Must Be Placed on Equal Footing With Other Contracts

On May 15, 2017, the Supreme Court of the United States reaffirmed that the Federal Arbitration Act (the “FAA”) preempts state laws placing agreements to arbitrate on weaker footing than other types of contracts. In Kindred Nursing… more

ETF Boards Need to Apply Gartenberg Differently

The differences between the respective cost structures of exchange-traded funds and mutual funds and the nature of advisory services provided for each product may require boards to think about the Gartenberg factors differently when… more

Celltrion Files Brief and Motion to Compel in Infliximab Litigation

As we previously reported, Celltrion has moved to dismiss Janssen v. Celltrion for lack of standing. On Monday, Celltrion filed its reply brief in further support of that motion… more

4th Circuit Ruling Continues Star-Crossed Fate of Trump Administration Travel Ban

On May 25, 2017 the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s nationwide injunction against the Trump administration’s executive order (EO) suspending entry into the United States of foreign nationals from six… more

Requiring Professional Law Enforcement Oversight Of Animal Cruelty Investigations Will Actually Help Animals-Banning Humanely Raised, Healthy Puppies Will Not.

Lawmakers in Trenton, New Jersey did not have the opportunity to reject an attempted override to Governor Christie’s condition veto of Senator Lesniak’s so-called “puppy mill bill,” one of more than 200 similar laws nationwide… more

Trending Wonkology: What is 'Special Counsel'?

Special Counsel - Definition: A person appointed by the U.S. Attorney General, or their designee, in cases where an internal investigation may present a conflict of interest or when it may be in the public interest… more

Don’t “Hire” A Lawsuit: A New Employee’s Misappropriation of TradeSecrets May Quickly Become Your Own

Companies commonly assume that they will only be sued for trade secret misappropriation if they or someone from their company steal the “secret sauce” of their competitor. Not true. A far more common way that companies get dragged into… more

TPS Extended for Haitians and Court of Appeals Upholds the Block of Second Travel Ban

On May 24th, DHS Secretary John F. Kelly extended Temporary Protected Status (TPS) through January 22, 2018 for eligible nationals of Haiti and individuals without nationality who last habitually resided in Haiti. The Secretary… more

Illinois Appellate Court Opens Door to Expanding List of Accepted Diseases in Medical Marijuana Program

On May 22, 2017, the Illinois First District Appellate Court upheld reversal of the Illinois Department of Public Health’s (IDPH’s) refusal to add chronic postoperative pain (CPOP) to the list of accepted diseases in the Illinois… more

FCA Proposes Changes to the Prospectus Rules in its Quarterly Consultation Paper

In its quarterly consultation paper (CP17/6) published on 3 March 2017, the Financial Conduct Authority ("FCA") proposed specific amendments to the Prospectus Rules in anticipation of the entry into force of the new Prospectus… more

CBO Greenlights Telehealth Provisions in Senate’s CHRONIC Care Act

Last week, the Congressional Budget Office (CBO) concluded that a key piece of telehealth legislation, the CHRONIC Care Act of 2017, would not, overall, increase or decrease Medicare spending. This score is significant as it marks the… more

DOL’s Fiduciary Rule To Apply June 9th, Investment Managers and Advisers May Want to Take Action Now

The U.S. Department of Labor's (DOL) final rule significantly expanding when a person is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (Code) as a result of… more

IRS Will Resume Ruling on Important Spin-Off Issues

The IRS recently provided taxpayers with favorable guidance involving tax-free spin-offs. First, the IRS will resume issuing private rulings that allow a distributing corporation to satisfy debt it issued in anticipation of a spin-off… more

Seven Takeaways from the ABA National Institute On Health Care Fraud

On May 17, 2017 the American Bar Association convened its 27th National Institute on Health Care Fraud. I have attended many of the past annual meetings, and always enjoy the presentations and the opportunity to network with colleagues… more

Tesco to Pay Compensation of £85 m and Further Fine of £129 m for Market Abuse

On 28 March 2017, the FCA announced that Tesco plc and Tesco Stores Limited ("Tesco") had agreed to committing market abuse in relation to a trading update published on 29 August 2014. In that update, Tesco plc had stated that it… more

Trump Administration FY 2018 Budget and Healthcare Programs

The Trump Administration released on May 23, 2017, its full Fiscal Year (FY) 2018 budget request, titled "A New Foundation for American Greatness." President Donald Trump's request builds off of the administration's March 16 budget… more

Federal Legislation Seeks to Advance Portable Benefits for Gig Workers

Several weeks ago, we asked if the concept of portable benefits for gig economy workers was one step closer to reality, with rumors swirling of imminent federal legislation forthcoming. Well, this issue just took a big leap forward… more

DOL’s Fiduciary Rule to Become Partially Effective June 9, 2017

The Fiduciary Rule, which expands the circumstances under which providers of investment advice may be considered Employee Retirement Income Security Act of 1974 (ERISA) fiduciaries, was initially published in the Federal Register on… more

Japan Legal Update - Volume 25 | May 2017

Bill to Partially Amend the Civil Code was Passed by the House of Representatives - On April 14, 2017, the House of Representatives passed a bill to partially amend the Civil Code ("Bill"). The Bill is under deliberation in the House… more

HIPAA Enforcement Update (February 2017 – April 2017)

In recent months, the Department of Health and Human Services, Office for Civil Rights (OCR) has announced four settlement agreements and one civil monetary penalty to resolve allegations of Health Insurance Portability and… more

Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”… more

Minnesota Weekly Legislative Update: Budget Negotiations Continue, Conference Committees Focus on Policy

The Legislature adjourned the Special Session early the morning of Friday, May 26, after adopting spending bills, a tax bill and a bonding bill. Governor Mark Dayton and Republican legislative leaders spent the final weeks of the… more

Energy Insider Interview Series: Questions for Congressman Adam Kinzinger

1. Let’s talk a little bit about the new Presidential administration and what impact it might have on the energy industry. President Trump has talked about significant changes to energy policy under his administration. One area in… more

Blakes Board Report: Opportunities for Women General Counsel

2016 S&P/TSX Composite Board Study - In late 2016, Blake Cassels & Graydon LLP (Blakes) initiated a novel study to examine the involvement of general counsel and lawyers on the board of directors of Canadian publicly listed… more

New York Court of Appeals Holds that Out-of-State Entities Can be Liable for Aiding and Abetting Discrimination Under the New York Human Rights Law

Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: you can be subject to liability under the New York Human Rights Law (“NYHRL”) if you “aid and abet” discrimination… more

The Ninth Circuit Affirms District Court’s Dismissal Of Putative Class Action Where Named Plaintiff Lacked Standing To Assert Claims For Injunctive And Declaratory Relief

Takeaway: While courts continue to grapple with efforts by class action defendants to “pick off” a named plaintiff by mooting his or her individual damages claim, class representatives pressing claims for injunctive and declaratory… more

National Labor Relations Board Finds Union Supporter’s Profanity-Laden Rant Unprotected by the National Labor Relations Act

In a rare win for the employer, the National Labor Relations Board (the “Board”) unanimously affirmed an Administrative Law Judge’s (“ALJ”) decision that the termination of a union bargaining-committee representative for a… more

Ontario Considers Major Employment and Labour Law Reform: Key Recommendations and How They Will Impact Employers

On May 23, 2017, the Ontario government released The Changing Workplaces Review – Final Report, which recommends a sweeping overhaul to Ontario’s employment standards and labour relations legislation. The government has promised to… more

News from Second and State

Weekly Wrap - We are now about one month away from the end of the 2016-2017 fiscal year, and if this week was a preview of what to expect in June, it will be a busy month indeed. Plenty of bills were reported from the standing… more

Ontario Introduces New International Commercial Arbitration Scheme

Effective March 22, 2017, Ontario enacted the International Commercial Arbitration Act, 2017 (ICAA), replacing a previous version of the law that had been in effect since 2006. The new ICAA includes changes which are designed to… more

EPA Releases RIN Generation Data For April

On May 10, 2017, the U.S. Environmental Protection Agency (EPA) released Renewable Identification Numbers (RIN) generation data for April 2017, reporting that nearly 1.5 billion RINs were generated during the month. Nearly… more

Mitigating Risk at the Intersection of Business and Patents

Public sales and offers to sell can trigger the on sale bar without a public disclosure of the invention - Since its enactment in 2011, many practitioners (and the U.S. Patent and Trademark Office (USPTO) itself) have treated the… more

Service Breakdown Costs Prepaid Card Company, Processor $13M

The Consumer Financial Protection Bureau (CFPB) entered into a Consent Order on January 31 with UniRush, a prepaid debit card company, and its processor over a breakdown in October 2015 that left RushCard holders unable to access their… more

CFPB Fines Real Estate Entities Over RESPA Violations

Targeting violations of the Real Estate Settlement Procedures Act (RESPA) by a mortgage lender, two real estate brokers, and a mortgage servicer, the Consumer Financial Protection Bureau (CFPB) announced almost $4 million in penalties… more

Shareholders Are Getting Restless; Climate Change Resolution Passes at Occidental

In March, I noted BlackRock’s increasing concern over climate. One element of its statement was “potential support for shareholder resolutions on climate risk”, where “management’s response to our prior engagement has been inadequate… more

NSA Curbs Collection Of Americans’ Emails

The National Security Agency (“NSA”) announced that it will voluntarily stop collecting the email and text exchanges of American citizens with persons overseas that mention a target of NSA surveillance. Although the collection of… more

Taking Control: Oregon SB 1057

The Oregon Legislature recently passed Senate Bill 1057, which currently sits on the Governor’s desk awaiting her signature. The bill primarily addresses the Oregon Liquor Control Commission’s (OLCC) control over the state’s medical… more

CFPB Claims National Bank Impeded Loss Mitigation for Distressed Mortgage Borrowers

In separate consent orders, one bank will pay $28.8 million to resolve claims by the Consumer Financial Protection Bureau (CFPB) that it gave its distressed mortgage borrowers the "run-around" during the loss mitigation process… more

Amendments to Companies Act Aim to Transform Singapore into Debt Restructuring Hub

Singapore’s firm trajectory towards becoming an international hub for debt restructuring received a boost with the Companies (Amendment) Act 2017 coming into force on 23 May 2017… more

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