Latest Updates

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case (updated)

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance on when… more

Can NFL Players Be Fired, Disciplined For Protesting During National Anthem?

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has urged fans… more

Drug Cartel Heirs Have Netflix In Their Crosshairs

Drug cartels are notorious for murder and extortion, but the family of the late drug lord Pablo Escobar has unleashed the scariest weapon of all–trademark litigation. Escobar, Inc. has a longstanding grudge against the Netflix… more

Seventh Circuit Calls Time Out on Employee Leaves

Handling employees who seek additional leave for a disability after exhausting all Family and Medical Leave Act (FMLA) time frequently gives employers headaches. It has long been the position of the EEOC that where an employee is… more

CMS Unveils New Medicare Beneficiary Card, Encourages Providers to Prepare Systems for Transition to New Numbers

In order to protect Medicare beneficiaries from fraud and identity theft, CMS has unveiled a new Medicare card that removes the beneficiary’s Social Security number from the card. Specifically, the current Social Security-based number… more

[Audio]Hsu Untied interview with Jorge Del Calvo, Partner at Pillsbury

Today, my guest is Jorge del Calvo, a Senior Partner in the Silicon Valley office of Pillsbury Winthrop. Over his career, Jorge has established himself as one of the most prolific and experienced IPO attorneys in the country and has… more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful launch… more

Sweeping Changes to French Labor Laws Signal Employer-Friendly Future

Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws, intended to provide employers with greater flexibility in the employee… more

Federal Coal Combustion Residuals Rule: U.S. Environmental Protection Agency Administrator Grants Petition for Reconsideration

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt granted in a September 13th letter petitions for reconsideration from the Utility Solid Waste Activities Group (“USWAG”) and AES Puerto Rico LLP… more

Greenhouse gas emissions trading schemes: A global perspective - Mexico

Implementation of a cap-and-trade program and compliance market is expected by 2021 - In 2012, Mexico enacted the General Law on Climate Change (GCCL), which required the creation of a national registry for greenhouse gases and… more

New Developments on the Scope of the Registered Investment Adviser Exemption under Section 16 of Exchange Act

Hedge funds and other private investment funds can take advantage of the exemption for registered investment advisers (RIAs) under Exchange Act Rule 16a-1(a)(1)(v), the "RIA Exemption." While the exemption can be helpful, it can be… more

UPDATE: President Trump Issues New Travel Ban for Eight Countries, Ends Temporary Protection for Sudanese

The White House has announced its newest executive order on immigration, placing travel bans and restrictions on seven countries in Africa, the Middle East, the Persian Gulf, and Asia.  In a separate decision, President Trump ended… more

United States Imposes Additional Sanctions Targeting North Korea

On September 21, 2017, President Trump signed an Executive Order (EO) entitled "Imposing Additional Sanctions with Respect to North Korea." The EO authorizes the US to impose blocking sanctions on North Korean persons, persons who are… more

U.S. Citizenship and Immigration Services Tightens Requirements on Green Card Applications for Renewing Advance Parole Travel Authorization Documents

The United States Citizenship and Immigration Services (USCIS) recently adopted a new policy for travel document applications that should be taken into account by those applying for green cards. Under the new policy, the agency will… more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically, under 18… more

The Environmental Council of the States: Arkansas Department of Environmental Quality Director Keogh Elected Vice President

The Environmental Council of the States (“ECOS”) issued a September 12th news release stating that Becky Keogh has been elected Vice President of the organization. Ms. Keogh serves as Director of the Arkansas Department of… more

Don’t Let Your “Safety Minutes” Become Routine.

Many companies open certain meetings with a “Safety Minute.” Often, the home office develops weekly or daily Safety Minutes for crews to use at pre-work meetings. Ideally, the Company’s leadership requires other meetings to open with a… more

CFIUS Publishes 2015 Annual Report and 2016 Statistics Amid More Recent Dynamic CFIUS Environment

The Committee on Foreign Investment in the United States (CFIUS) recently released the public version of its Annual Report covering calendar year 2015 along with some statistics regarding filings in calendar year 2016. By statute… more

When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I received a… more

IRS Resumes Issuing Transactional Spin-Off Rulings

On September 21, 2017, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2017-52 (the “Rev. Proc.”), introducing an 18-month “pilot program” in respect of corporate “spin-off,” “split-up” and “split-off” transactions… more

President Trump Plans New Travel Ban, Details to Come

The White House announced that it will institute new restrictions on travel from several countries to the United States, replacing the travel ban that was put into place earlier this year and will expire on Sunday. Unlike that ban… more

2017 Manufacturing Employment Law Update

Oregon Equal Pay Act - In June, Governor Brown signed the Oregon Equal Pay Act of 2017. Although many provisions of the Act do not take effect until January 1, 2019, employers should be aware of the changing legal landscape… more

[Audio]The Data Report Special Edition (Part II): The Equifax Data Breach

Litigation attorney Jay Ward studies Equifax's conduct in the aftermath of the data breach in this episode of The Data Report. Jay discusses the company's missteps, including accidentally directing customers to a fake phishing site… more

Underground Storage Tank Closure/Environmental Assessment: Commonground Blog Post Asks Whether A Data Gap is Considered a Recognized Environmental Condition?

A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues related to… more

Fractal Geometry, Actuarial Risk, and §1332 Waivers—The Role of the States in Reforming Health Care

At this writing, the prospects for success of the latest Republican effort to replace the Affordable Care Act appear bleak — but the Graham-Cassidy bill on which the GOP has pinned its last-ditch hopes highlights a major political and… more

Employment Flash - September 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate court's… more

Departing Employees: Ensuring Protection of Trade Secrets and Intellectual Property

“Knowledge is power” goes the old adage. Well, that is certainly true in the world of business where secret processes, confidential designs, and even a good customer list can give a business a vital commercial edge over its rivals… more

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the firing was not illegal

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his or her… more

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

Equip: IP Litigation Case of the Week - The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation means the… more

OTA & Travel Distribution Update - Sep. 15th, 2017

Our weekly OTA & Distribution Update for the week ending September 15, 2017 is below. The week’s short Update features a heavy dose of OTA stories..… more

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the Eleventh… more

Risky Business: Mitigating Exposure Through Comprehensive Risk Management

Ropes & Gray is pleased to share “Risky Business,” a comprehensive report on trends and best practices in risk management. Based on a survey by FT Remark, a research service from the Financial Times that interviewed 300 general… more

USCIS Resumes Premium Processing for 2018 H-1B Cap Cases

On September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume the premium processing service for fiscal year 2018 H-1B cap cases… more

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and Answers on Title… more

The Pre-Action Protocol for Debt Claims

The Pre-Action Protocol for Debt Claims comes into force on 1 October 2017. This note deals with the key elements to be aware of. Applicability - While the Protocol is named the Pre-Action Protocol for Debt Claims the first… more

Michigan Grants Needed Tax Relief to Victims of Hurricanes Harvey and Irma

The Michigan Department of Treasury has announced that it will join taxing authorities across the country by allowing taxpayers affected by Hurricanes Harvey and Irma an extension of time in which to file state tax returns for 2016… more

Healthcare Data Breach Litigation Trends

Companies that have a breach involving PHI worry not only about fines and penalties imposed by HHS, but about class action lawsuits. The risk that a class action lawsuit will lead to financial liability, however, is often… more

Cyber Week in Preview: SEC Hack, Equifax CEO on Hot Seat and Energy Sector Cyber Spend

As we start the new week, a recap of major cybersecurity developments: Equifax CEO Faces Senate Committee – Senate staffers are busy readying cross examination scripts for the testimony next week of Equifax Inc. Chief Executive… more

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in patent cases… more

Employers Looking Forward to a GOP Labor Board Must Exercise Patience

As the Trump administration begins to exercise its power through U.S. agencies enforcing federal employment laws, two Republican appointees will soon reshape the National Labor Relations Board (NLRB) with a majority presumably more… more

Federal Circuit Rejects Eastern District of Texas’s Post-TC Heartland Venue Test

In In re Cray Inc., the Federal Circuit directed the Eastern District of Texas to transfer a patent infringement case brought by Raytheon against Cray out of the district. In doing so, the Federal Circuit rejected the district court’s… more

Hurricanes, PREPA, and Puerto Rico electric grid

Hurricane Maria has hit Puerto Rico, damaging the island's electric grid and causing systemic power outages. The storm made landfall on September 20 as a Category 4 hurricane with winds at 155 miles per hour… more

Illinois takes the lead on employee privacy: What employers need to know

When it comes to employee privacy protection, employees in the United States generally do not have a right to privacy in their workplace. By contrast, members of the European Union recognize employee rights to privacy and specifically… more

Shearman & Sterling’s Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal Circuit’s… more

A road map to Life Sciences M&A in Italy

U.S.-based life sciences companies considering transactions in Europe may easily become overwhelmed with the complexity of Europe’s various jurisdictions. In this series, members of our European Life Sciences Transactions Team provide… more

Perpetual Easement or Expired Restriction? Mass. Appeals Court Weighs In

In its decision this week in Perry v. Aiello, the Massachusetts Appeals Court addresses an interesting question: whether a 1947 grant of easement-like rights created an affirmative easement, which can be perpetual, or a disfavored… more

New Measures to Combat Chinese Trade Secrets Theft: Will They Work?

For trade secret owners, international IP theft is of particular concern because of the difficulty in catching and enforcing remedies against the thieves. For many U.S. companies with a global reach, an overriding concern has been how… more

New European Commission proposals aimed at promoting growth and investment in Europe

The European Commission has proposed a series of reforms to strengthen and further centralise supervision of the European capital and financial markets at the EU level with the aim of creating stronger and more integrated markets… more

The Evolution of Repeal and Replace

The Republican evolution on health care over the course of 2017 has tested the resolve of the party’s years-long effort to repeal and replace the Affordable Care Act (ACA). The Republican goal of repeal and replace has reached a fever… more

Top Ten International Anti-Corruption Developments for August 2017

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This… more

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