Latest Updates

Alternative Fee Arrangements When the Insurer Is Footing the Bill

Clients regularly ask their counsel to propose alternative fee arrangements and they are growing in popularity. While these arrangements can be beneficial for clients, they should be carefully considered when an insurance company will… more

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC 12226, 2017… more

Gig Economy Poised To Grow Even Bigger

The gig economy has exploded in the last few years as more workers embrace side jobs and flexibility of assignments. New studies reveal that this trend should continue into the future. In fact, research group Recode has reported that… more

Seventh Circuit Underscores Important Role for Pre-Certification Challenges to Expert Witnesses

In order to certify a class action, it is the plaintiff’s burden to prove that all of the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied. In some class actions, plaintiffs cannot proceed without expert… more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no shop”… more

Nationwide Healthcare Prosecutions Targeting an Array of Practices . . . Is "Just The Beginning"

On July 13, 2017, the Department of Justice ("DOJ"), in conjunction with the Department of Health and Human Services ("HHS"), continued its annual tradition of coordinating the filing of charges and sweeping arrests in nationwide… more

The PTAB Grants the University of Minnesota Sovereign Immunity but does not Terminate IPR

The PTAB has again addressed sovereign immunity in the context of an IPR. Reactive Surfaces, LTD. petitioned for IPR of U.S. Patents No. 8,394,618 and 8,252,571. The ’618 and ’571 patents are co-owned by Toyota Motor Corporation… more

Telecomm Publica los Criterios Generales Para un Posible Concurso del Proyecto de la Red Tronca

El organismo público descentralizado Telecomunicaciones de México (Telecomm) publicó, el 17 de julio de 2017, los criterios generales que podrían aplicarse al posible concurso para el desarrollo y crecimiento de la Red Troncal(los… more

Immigration Enforcement Costing Millions of Dollars for Local Governments

While President Trump has vowed to strongly enforce the southern border and deportation laws in the United States, states and counties have been picking up sizable portions of the costs for doing so… more

Dechert's Global Private Equity Newsletter - Summer 2017 Edition: Recent Developments in Acquisition Finance

Basic to any acquisition and its financing are the projections of the target’s future performance. These play a key role in setting the price for the target as well as on the availability of acquisition financing. Projections prepared… more

House Panel Approves Groundbreaking Federal Autonomous Vehicle Legislation Draft

The House Subcommittee on Digital Commerce and Consumer Protection reached bipartisan agreement on July 19, 2017, regarding major aspects of legislation to address the testing and deployment of autonomous vehicles. The subcommittee… more

Telecomm Releases General Criteria For Potential Backbone Network Project Bids

The Mexican government agency, Telecomm, on July 17, 2017, released the general criteria for a potential bid for the development and expansion of the Backbone Network Project (Red Troncal)… more

Final Regulations for New York State Paid Family Leave Law Adopted

The New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”).  The final regulations are effectively immediately… more

Escobar case limits False Claims Act liability for providers

Health care providers, as government contractors, must make certain representations of fact when submitting claims for government program reimbursement, such as Medicare. Sometimes through no fault of the contractor, such… more

Defence & Indemnity - June 2017 : Insurance Issues E. Conradi v. Economical Mutual Insurance Co., 2015 ABQB 308, per Clackson, J. [4230]

Insurance Issues E. For non-owned auto coverage under a standard Alberta SPN No. 1 auto policy coverage for the “Insured” is not restricted to the “named insured” but also extends to any other form of “insured” under the… more

Vermont’s New Telemedicine Law Expands Insurance Coverage, Bans Recording

Vermont health care providers and patients can now enjoy a revamped, and significantly improved, telehealth commercial insurance coverage law. Vermont Governor Phil Scott signed S. 50 into law on June 7, 2017, expanding commercial… more

FTC Reaffirms that IoT Devices Must Comply with COPPA

The Internet of Things (“IoT”) can be thought of as a group of different devices that can communicate with each other, perhaps over a network such as the internet. We have written extensively about many of the privacy challenges that… more

Medical Marijuana in the Workplace: An Employees Balm; an Employers Bane

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed marijuana… more

Biosimilar Uptake and Patent Litigation in Japan

Biosimilar uptake in Japan has been a bit mixed, but according to experts the volume shares of biosimilars suggests it could be a key market in years to come. The Pharmaceuticals and Medical Devices Agency (PMDA), which is the agency… more

Reflections Upon USDOL "Tip Retention" Enforcement

We recently wrote about two federal appellate decisions holding that tipped employees for whom no federal Fair Labor Standards Act Section 3(m) "tip credit" has been taken, and to whom all FLSA minimum wages and overtime compensation… more

Restructuring and Insolvency Bulletin - Issue 1 - 2017 - Supreme Court Lehman Waterfall I decision - foreign currency creditors lose over £1.6 billion in failed Lehman Brothers currency conversion claims

98% of the liabilities of Lehman Brothers International (Europe) (in administration) (“LBIE”) were denominated in non-sterling currencies. The fall in sterling after LBIE entered administration resulted in significant paper losses for… more

Need an “Assist” with Your eDiscovery Practices? Get an eDiscovery Assistant!: eDiscovery Best Practices

eDiscovery Assistant™ is a site developed by ESI Attorneys that was built by attorneys and information law practitioners to provide several resources to help people get started — faster and with confidence — in eDiscovery. Those… more

Tip-Pooling Restrictions Slated To Be Rescinded, Labor Department Announces

The U.S. Department of Labor plans to propose a full rescission of the controversial tip-pooling restrictions impacting employers who pay tipped employees the full minimum wage directly sometime in August, according to a regulatory… more

DOJ and OIG Announce Largest Ever National Health Care Fraud Takedown; Focus on Opioids

Continuing its annual tradition, the U.S. Department of Justice (“DOJ”) and the U.S. Department of Health and Human Services (“HHS”) announced last week the largest ever health care fraud enforcement action by the Medicare Fraud Strike… more

Coast Guard, DHS Mandate Cybersecurity Reporting, Move to Require Maritime Cybersecurity Programs - Trump Administration, Congress Continue to Raise Concerns

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 17 CI sectors, including the transportation and maritime sector – continue to grow exponentially. The U.S. government and Department of Homeland Security… more

The Fourth Amendment Implications of Sharing Server Space

The prosecution of Martin Shkreli, whom the BBC has called “the most hated man in America,” reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context: physical… more

Are State-Owned Patents Immune From IPRs Under The Eleventh Amendment?

In separate non-precedential decisions issued by three different panels, the PTAB has permitted state university patent owners to invoke the Eleventh Amendment in Inter Partes Review proceedings. Each panel found that IPR proceedings… more

SEC Commences Expanded Nonpublic Review of Registration Statements

The U.S. Securities and Exchange Commission recently announced1 an expansion of nonpublic review of draft registration statements for initial public offerings, initial registrations of classes of securities under Section 12(b) of the… more

Absurd Things About 401(k) Plans That Are Actually True

We drive on parkways and park on driveways. Cigarettes are sold in gas stations even though smoking is prohibited there. Fat chance and slim chance mean the same thing. Phonetic isn’t spelled the way it sounds. When it comes to… more

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016… more

Immigration Compliance Due Diligence is Essential to M&A Transactions

Okay, you are about to close on the $50,000,000 acquisition agreement that was signed months ago. A New Jersey company is acquiring a New Jersey company. No international offices. Due diligence has commenced and concluded. You and your… more

Implementation of the EU Competition Damages Directive in Belgium

The Belgian legislature has finally implemented the EU Competition Damages Directive, introducing a new framework that will facilitate injured parties in litigating their competition damages claims before the Belgian courts… more

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the… more

4 Myths About Robert’s Rules and Quorum – And Why the Truth Matters

Almost everyone can define the basic parliamentary procedure concept of “quorum” – the number of members needed at a meeting to take valid action. Dig a little deeper in Robert’s Rules, though, and you’ll find some common… more

Michigan Adopts New Incentive Tool for Economic Development

A new tax incentive program targeting large job providers passed the Michigan legislature last week with bi-partisan support, and is expected to be signed soon by Governor Rick Snyder, who strongly supported the legislation. The “Good… more

X-Ray the Radiology Practice Before You Buy It

The popularity of radiology practice consolidation is increasing, in part, due to the same catalysts that have driven other outsourced physician groups to consolidate – (a) the need to achieve scale and leverage in order to manage… more

Trump and the GOP Planning to Cut Legal Immigration in Half

President Trump, along with White House Aide Stephen Miller and Republican members of Congress, are seeking to cut legal immigration in half by the year 2027. According to Politico, Senators Tom Cotton of Arkansas and David Perdue of… more

What is a Trademark Cancellation Proceeding?

A trademark cancellation proceeding is an administrative proceeding, similar to a civil federal lawsuit, before the Trademark Trial and Appeal Board (TTAB) in which one party requests that a registered trademark be cancelled… more

Provider Taxes: The Battle over Medicare's Treatment Continues

For the better part of a decade, hospitals and CMS have fought over the extent to which hospitals may claim as reasonable costs the provider tax assessments levied on them by the individual states in which they operate. In 2011, CMS… more

San Francisco Employers Face New Gender Equality Laws

The San Francisco Board of Supervisors has just added two new employment ordinances to the burgeoning list of employment-related ordinances in the City by the Bay. First, the Parity in Pay Ordinance prohibits employers from inquiring… more

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP more than… more

USCIS Revises Form I-9

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) published another revised version of Form I-9, Employment Eligibility Verification. It will be mandatory for employers to use this new version of the form commencing… more

Minimizing Risks and Maximizing Opportunities in China-Latin America Investment

On June 1, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin America, the type of… more

French Court Rules on Patent Revocation Interest to Sue, Statutes of Limitation

On April 28, 2017, the French tribunal de grande instance de Paris issued an interesting decision regarding both standing to sue and statute of limitations applicable to patent revocation actions… more

The WFDL Is Broader Than You Think -- Lessons From Golf Pros

On June 22, 2017, the Wisconsin Supreme Court took a 3-Iron to common intuitions about who is, and who is not, a dealer protected by the Wisconsin Fair Dealership Law (WFDL). In Benson v. City of Madison, 2017 WI 65, the Court found… more

Reforms in real estate and construction – impact on investment attractiveness of Ukraine (Ukranian)

The latest legislative changes in the real estate and construction sector have allowed for the growth of the acquisition of real estate, to strengthen the protection of the rights of owners of real estate and even simplify and improve… more

A gas station hold-up: the Competition Bureau completes its review of Couche-Tard and Parkland transactions

In its latest move in the closely-monitored retail gasoline sector, the Competition Bureau (Bureau) has entered into a pair of consent agreements with Alimentation Couche-Tard (Couche-Tard) and Parkland Fuel Corporation (Parkland) to… more

Proposed Draft Legislation Clamps Down on Soil Pollution in China

On 22 June 2017, Chinese legislators released draft proposals to combat soil pollution in China at a bimonthly session of the Standing Committee of the National People’s Congress. The legislation complements the State Council’s… more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos. 16-2946… more

UK Tax Round Up - July 2017

UK Tax News and Developments - Conservative legislative agenda set out in Queen's Speech - Following the UK general election on 8 June 2017, at which the Conservative party won the largest number of seats but lost its overall… more

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