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Pennsylvania’s New “State Construction Notices Directory” and the Implementation of Significant Changes to Pennsylvania’s Mechanics’ Lien Law

Important changes to Pennsylvania’s Mechanics’ Lien Law recently took effect on December 31, 2016, with the launch of an online State Construction Notices Directory. These amendments to the Mechanics’ Lien Law (which were passed by the…more

Update: Implementation of USPTO Rule Change on Audits of Maintenance Declarations Effective March 21, 2017

As we discussed in our blog post earlier this month, U.S. Trademark Office Sharpens Machete for Pruning Deadwood, the USPTO is implementing a new practice of randomly auditing maintenance declarations to request additional…more

Myriad, Mayo, Chakrabarty, Oh My: Strategies for Life Sciences Diagnostics – Part I

Patent eligibility is a balancing act; the Supreme Court explained in Mayo that “too broad an interpretation of this exclusionary principle could eviscerate patent law. For all inventions at some level embody, use, reflect, rest upon…more

New FCC Chairman Moves to Roll Back Privacy Rules for Internet Service Providers

Ever since the presidential election and the replacement of former Obama administration FCC Chairman Tom Wheeler with former Republican commissioner and now Chairman Ajit Pai, communications industry and privacy policy observers of all…more

Alternative Data and Credit Scores: Will it Trigger CFPB Enforcement?

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) recently announced an effort to better understand how “alternative data” could be used to expand access to credit. Through a formal notice and request for information just…more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017 #3

Act 188 Plans On Hold as New Chemical Bill is Introduced - Nearly three years after the legislature passed a law to regulate children’s products containing chemicals of high concern, a web site intended to inform the public of…more

How Effective is Your Corporate Compliance Program?

On February 8, the Fraud Section of the United States Department of Justice (DOJ) posted on its website a document entitled “Evaluation of Compliance Programs” (the “Guidance”). This is the first formal guidance issued by the Fraud…more

Bankruptcy Might Save Your Life

A study found that the bankruptcy code is an incredibly effective social insurance policy. See more..…more

[Audio]Law School Toolbox Episode 086: Resources for Aspiring Entrepreneurs

Welcome back. Today, we’re taking a little bit of a detour to talk about entrepreneurship. Or, maybe it’s not such a detour, given the number of lawyers who end up creating solo practices or small firms, or who leave the law entirely…more

New Higher Thresholds Under the Hart-Scott Rodino Antitrust Improvements Act of 1976

Certain threshold limits under the Hart-Scott Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) will be increased. The changes will become effective on February 27, 2017. The Federal Trade Commission (FTC) is required to…more

New Medicare Conditional Payment Case: Federal Court Requires CMS To Perform Surgery On Its Primary Plan Reimbursement Demands

Doctors often treat Medicare beneficiaries for accident related injuries (for which a “primary” auto or workers’ compensation carrier must reimburse Medicare) and unrelated maladies at the same visit. Billing for the visit cites…more

U.S. Department of Justice Issues New Guidance on Corporate Compliance Programs

Action Item: The U.S. Department of Justice Criminal Division, Fraud Section (“DOJ”), recently published new guidance on corporate compliance programs. All corporate counsel, officers, and directors should be aware of this guidance…more

DOJ’s Compliance Program Evaluation: the Role of the CCO (Part II of IV)

DOJ’s Compliance Evaluation highlights important trends in the role and independence of the Chief Compliance Officer. DOJ has stopped short of requiring direct reporting of a CCO to a CEO or other senior officer but it is inching…more

Statute of Repose Bars Maryland Claims Arising From Exposure to Contaminated Fill

Exemplifying the power of the statute of repose as a defense to claims based on decades-old conduct under Maryland law, the Fourth Circuit held that claims stemming from hazardous improvements to real property were barred by the…more

Infocast Wind Power & Finance Investment Summit Soundbites

Below are soundbites from panelists at the Infocast Wind Power & Finance Investment Summit on February 28, 2017 in Rancho Bernardo, California.  The soundbites are organized by topic, rather than in chronological order, and were…more

Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

On February 17, 2017, the U.S. Department of Agriculture (USDA) announced it is accepting applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program. The Program provides guaranteed…more

Court Decertifies Class Challenging Timekeeping Practices

Yogi Berra often has been quoted for the phrase “It ain’t over till it’s over,” and Lenny Kravitz even made a hit song of it in 1991. While no one will likely ever make a popular song out of Rule 23, the phrase applies just as well to…more

Did the Union Cross the (Picket) Line?

Seeing men and women carrying placards in your front yard or outside of your business is never a comfortable feeling. Unions use picketing to organize workers; in other words, to convince workers that they should join a union or to…more

Department of Education and Department of Justice Withdraw Title IX Transgender Student Federal Guidance

On February 22, 2017, the Department of Education and the Department of Justice ("Departments") withdrew statements of policy and guidance on transgender students and their use of school restrooms and locker rooms that were a hot topic…more

[Video]Day 20 of One Month to a Better Board-20 Questions Directors Should Ask about Its Compliance Committee

I end my One Month to a Better Board series with a discussion from the recently released Justice Department Evaluation of Corporate Compliance Programs as it relates to a Board of Directors. In an area of inquiry entitled, “Oversight”…more

Keurig Settlement An Expensive Reminder About Product Defect Reporting Obligations

The United States Consumer Product Safety Commission (CPSC) recently announced a $5.8 million agreement with Keurig Green Mountain, Inc. settling claims that Keurig failed to report a product defect that posed an unreasonable risk of…more

Opportunity to Extend Development Orders and Permits for Almost 16 Months

Holders of permits and development orders have the opportunity to toll the period remaining to exercise rights under the permit or order for nearly 16 months. Section 252.363 of the Florida Statutes permits a tolling of development…more

Biosimilar Litigants Dispute Probative Value of Statements Exchanged During the Patent Dance

Patent owner Amgen has appealed to the Federal Circuit seeking to overturn a non-infringement ruling with respect to Apotex’s manufacturing processes for its biosimilar versions of Amgen’s NEULASTA® (pegfilgrastim) and NEUPOGEN®…more

Tax Court Holds IRC Charitable Contribution Subsection is not Self-Executing in the Absence of Regs

On December 22, 2016, the United States Tax Court (the “Court”) issued 15 West 17th Street LLC v. Commissioner, 147 T.C. No. 19 (2016) and addressed, a question related to the statutory construction of section 170(f)(8), which governs…more

No Exception for Latent Disease in N.C. Statute of Repose

Highlighting an area of unsettled law in North Carolina toxic tort litigation, a federal district court in the Eleventh Circuit held that the pre-2014 North Carolina statute of repose contained no exception for latent disease, barring…more

USDA Extends Comment Period On Biobased Product Categories For Federal Procurement

On February 21, 2017, USDA announced in the Federal Register that the comment period for the Designation of Product Categories for Federal Procurement proposed rule had been extended. The proposed rule aims to amend the Guidelines for…more

Employers Use of Background Check Reports and Limitations on Use

Are you an employer that conducts pre-employment background checks for new hires, or maybe background checks for existing employees for promotion, reassignment or retention purposes? Ever randomly wonder if you can use that report and…more

Rating Agency Developments

On February 22, 2017, DBRS issued a report entitled DBRS Criteria: Recovery Ratings for Non-Investment Grade Corporate Issuers. Report. On February 22, 2017, DBRS issued a report entitled Rating Companies in the Services Industry…more

Cybersecurity: Top Reads Right Now

A recap of most popular cybersecurity reads on JD Supra over the last month…more

Oral Contracts to Make Wills

The vast majority of people have no idea that Virginia law recognizes oral contracts to make a will. As a result, people often miss out on asserting a claim to an inheritance because they didn’t know that they had one to begin with…more

Cloudflare Software Bug Causes Data Leak

Cloudflare, Inc., a provider of performance and security solutions for websites, recently disclosed that a software bug caused it to leak customer data that was then cached by search engines. Uber, Fitbit, and OkCupid sites may have…more

Projects and Energy Weekly Snippets

NERSA caps Eskom tariff hike at 2.2% - The National Energy Regulator of SA (NERSA) said on Thursday Eskom’s tariff increase for 2017-18 would be limited to 2.2% when the new prices come into effect on 1 April…more

Your Daily Dose of Financial News

It may lack some of the flourish of a BBG missive, but you can be sure that plenty of insiders are paying close attention to Mr. Buffet’s annual letter to Berkshire Hathaway shareholders…more

Business Appraisers Spar Over Tax Rates, Market Approach and Other Key Issues in Fair Value Buy-Out Case

As promised in the postscript to last week’s post about the appellate ruling in the Gould case, affirming Justice Platkin’s order granting the oppressed minority shareholder’s dissolution petition involving a pair of construction…more

Recent Schedule 14N Filings

GAMCO Asset Management Inc. made the news when it became the first to submit a Schedule 14N announcing a nominee for National Fuel Gas’ board of directors using a proxy access by-law. The nomination was rejected by National Fuel Gas…more

Federal Government Reverses Position on Transgender Students’ Use of School Facilities

Education Alert February 27, 2017 On February 22, 2017, the Department of Education and the Department of Justice withdrew two guidance letters from January 2015 and May 2016 that explained the former administration’s position that…more

General “Desire” to Improve Can Provide Sufficient Rationale to Combine References

Pointing to the “normal desire” of scientists to improve what is already known as a rationale to combine, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB’s) inter partes reexamination…more

Covered Business Method Patent: You Keep Using Those Words … We do not Think They Mean What You Think They Means

In Secure Access, LLC v. PNC BANK NATIONAL ASSOCIATION, [2016-1353] (February 21, 2017), the Federal Circuit vacated the Board’s decision in CBM2014-00100 on the ground that U.S. Patent No. 7,631,191 on a “system and method for…more

Review of Dodd-Frank: Another Ride on the Regulatory Roller-Coaster?

The recent Executive Order seeking to curtail financial regulation put in place in the wake of the 2008 financial crisis will undoubtedly have widespread implications for credit unions. Such regulation – notably the Dodd-Frank Wall…more

Medicare Advantage Plans Under Siege: Another Whistleblower Lawsuit

In a court decision last year in Swoben v. United Healthcare, the United States Court of Appeals for the Ninth Circuit held that an allegation – that a Medicare Advantage Plan performed a “biased” HCC-RAF retrospective medical review…more

SEC Grants Limited Relief from the Custody Rule for Advisers Relying on Clients’ Standing Letters of Instruction

In a letter to the Investment Adviser Association (IAA), the Staff of the Division of Investment Management said that investment advisers acting pursuant to a standing letter of instruction or other similar asset transfer authorization…more

The Rosenbaum Law Firm Review - February 2017

Why an Employer Should Sponsor A 401(k) Plan. Lots of good reasons. As an employer, a big reason for setting up a retirement plan is because it's an employee benefit and it can be used to recruit and retain top-level…more

US SEC and Hong Kong SFC Sign New Memorandum of Understanding

The US Securities and Exchange Commission (SEC) and the Hong Kong Securities and Futures Commission (SFC) have signed a Memorandum of Understanding (MOU) which came into effect on January 18, 2017. The subject of the MOU is mutual…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - January 2017 - Issue 1: European Union Legal Developments

AIFMD - ESMA Updates Q&As on the Application of the AIFMD - ESMA updated its Q&As on 16 December on the application of the AIFMD. The revised Q&As include one updated question and answer on reporting obligations by non-EU…more

Belgian FSMA's position on unfair terms in financial instruments

The Belgian Financial Services and Markets Authority (FSMA) published a communication regarding the application of the unfair terms legislation in the context of the offering of securities to consumers (the Communication). -…more

NC Legislative Update: February 2017 #4

This Week - Governor Cooper (D) held a budget press conference on Monday to unveil some of the highlights that his budget proposal will include. One of the most discussed highlights is raising the average teacher pay to $55,000 by…more

Rejecting Pendency of Related Cases as a Dominant Factor, Federal Circuit Orders ED Texas to Transfer Patent Infringement Case to ND California

In re Google, Inc., Case No. 2017-107 (Fed. Cir. Feb. 23, 2017)(nonprecedential). The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of Texas to…more

Insight from the DOJ Fraud Section

Without fanfare, on February 8 the Fraud Section of the Department of Justice (DOJ) published new corporate compliance guidance on its public website. The guidance is presented as a set of topics and questions, entitled “Evaluation of…more

Chairman McCaul Warns The United States Is Falling Behind In Cyber War

At the 2017 RSA Conference held last week in San Francisco, California, House Homeland Security Committee Chairman Michael McCaul (R-TX) was ominous in his assessment of the country’s efforts to deter cyber-attacks. In a keynote speech…more

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For more than 65 years, Ryley Carlock & Applewhite has acted as counsel to the Arizona and Southwest business communities. In 2005, the firm expanded service in Colorado, adding leading legal…

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