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Here Come the States… In the Trump Era, the States May Be the New Top Securities Cops

There is an old saying: “the more things change, the more they stay the same.”  It seems every few years (usually, the result of a political shift) we see the states become more involved in securities enforcement.  Our current time is…more

In Case You Missed It: Launch Links - February, 2017 #3

Some interesting links we found across the web this week: Board of Advisors - Free advice from industry leaders? Tackling difficult problems with experienced executives? WilmerHale Partner Josh Fox explores why and when a…more

Mylan, Apotex, Coherus, and Adello File Amicus Briefs in Sandoz v. Amgen

As we covered in previous posts, the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions in April 2017. Several amicus…more

Supreme Court Nominee Neil Gorsuch Has Significant Antitrust Experience

On January 31, 2017, President Trump nominated Neil Gorsuch to fill the vacant seat at the Supreme Court of the United States left by the late Justice Antonin Scalia. As a federal judge for the US Court of Appeals for the Tenth…more

How to Avoid ADA Claims as Service Animals Increase in Popularity

As retailers see an increasing number of customers seeking to bring animals into their stores, they should ensure that they have well-defined policies and train their employees concerning compliance with the ADA’s provisions regarding…more

*UPDATE* New York State Department of Labor’s Direct Deposit and Debit Card Notice Regulations Held Invalid and Revoked

As we previously reported here, the New York State Department of Labor (“NYSDOL”) issued final regulations in September 2016 imposing new notice and consent requirements on employers who pay wages via direct deposit and debit card…more

Fitbit, Inc. v. AliphCom (N.D. Cal. 2017)

Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible - In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a Jawbone) for…more

North Carolina Legislative Update - February, 2017 #4

Public School Funding (HB6) - The House passed HB6 this week which will create a task force to study and recommend changes to the State's school funding formula. Two amendments to increase diversity of the task force failed on…more

Department of Homeland Security Issues Two Memos Regarding Implementation of Two Recent Executive Orders on Immigration Enforcement

On February 20, 2017, the U.S. Department of Homeland Security (“DHS”) issued a pair of memos outlining how DHS will implement the President’s two recent executive orders concerning immigration enforcement. The DHS memos rescind…more

Gov. Haslam Expands His IMPROVE Act

Gov. Haslam expanded his IMPROVE Act this week. He amended the act to allow local referendums on surcharges to existing local taxes as a means to pay for public transit projects. The new surcharge options apply to local property tax…more

Data Breaches Will Cost Yahoo and Verizon Long After Sale

Five Things You (and Your M&A Diligence Team) Should Know - Recently it was announced that Verizon would pay $350 million less than it had been prepared to pay previously for Yahoo as a result of data breaches that affected over…more

Jason R. Baron of Drinker Biddle & Reath LLP, Part 2: eDiscovery Trends

This is the fifth of the 2017 Legaltech New York (LTNY) Thought Leader Interview series.  eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at the show and…more

Health Savings Accounts Considerations for Employers

The health savings account (“HSA”) has become, since its creation in 2003, an increasingly popular option for employers to subsidize employee group health costs. Employees with HSAs can save money, on a tax-free basis, for medical…more

The Supreme Court Chooses Quantity over Quality – Supplying a Single Component of a Multicomponent Invention Does Not Constitute an Infringing Act

On February 22, 2017, the U.S. Supreme Court addressed the issue of whether the supply of a single component of a multicomponent invention qualifies as an infringing act under 35 USC §271(f)(1) of the U.S. Patent Act. In its decision…more

What Do The SEC and Robo-Advisors Have In Common

The SEC recently issued regulatory guidance for robo-advisors. This guidance focuses on what robo-advisors must do to meet their disclosure obligations. Among other things, the SEC has recommended robust disclosures in the…more

Georgia Weekly Legislative Update February 2017 #2

The General Assembly will enter one of the session's most turbulent weeks next week as it continues to hurtle towards Crossover Day on March 3rd. Crossover day marks the final opportunity for all legislation—except the budget—to…more

Supporting Gender Diversity in the Legal Profession: Carly Alameda’s WISE Perspective

I want to see this group of women on the cutting edge of the evolving legal marketplace, coming up with new ideas and models for how law firms deliver better value to in-house counsel…more

Meritas Capability Webinar - The Peace Process in Colombia

The webinar will discuss (i) a historical antecedents that led to the peace process, (ii) the FARC peace negotiations, (iii) highlights of the issues addressed in the FARC PEACE AGREEMENT, (iv) the ELN peace process, and (v)…more

Federal Trade Commission Delivers Cross-Device Tracking Report Recommendations

The U.S. Federal Trade Commission’s (FTC) office recently published the Cross-Device Tracking: An FTC Staff Report. It provides an interesting look behind the curtains of the current operations in cross-device data tracking and…more

[Video]Meritas Capability Webinar - The Peace Process in Colombia

The webinar will discuss (i) a historical antecedents that led to the peace process, (ii) the FARC peace negotiations, (iii) highlights of the issues addressed in the FARC PEACE AGREEMENT, (iv) the ELN peace process, and (v)…more

EEOC News in 2017

EEOC Wellness Program Notice Requirements for 2017 - If you are not doing so already, be aware that as of January 1, 2017, employers offering voluntary wellness programs must provide employees a notice in accordance with final…more

Agree to use your “professional best” ? You may lose insurance coverage! (law note)

Yesterday, I was part of a panel at the NC Bar Association Construction Law Winter Meeting, discussing insurance issues for design professionals…more

Disclose Experts on time or Risk a Summary Judgment

Woodland Hills personal injury lawyer has been monitoring an ongoing dispute in the California courts concerning the opposition to summary judgment motions. The dispute involves the disclosure of expert witnesses for trial and…more

Pharmaceutical Care Management Association, National Association of Chain Drug Stores, and Healthcare Supply Chain Association file Amicus Brief in Sandoz v. Amgen

As we have previously reported, in April the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions. As we reported last…more

Mental Impairment as a Defense to Civil Penalties

There are severe penalties under the Internal Revenue Code (IRC) and Bank Secrecy Act (BSA) for willful failure to file Information Returns. Examples of Information Return are Report of Foreign Bank Account (FBAR) required under the…more

Report a Canadian Tax Evader and Make Money?

Yes, it's possible. Canada has had a tax whistleblower program for four years, the Offshore Tax Informant Program (OTIP). The OTIP pays individuals who qualify for the program and provide information to the Canada Revenue Agency (CRA)…more

Singapore Eases Regulatory Regime for VC Funds to Promote Financing for Start-Ups

The Monetary Authority of Singapore has proposed a simplification of the authorisation process and regulatory framework for venture capital managers—with the goal of supporting start-ups…more

CMS Releases Proposed Rule for ACA Market Stabilization

On February 15, 2017, the Centers for Medicare & Medicaid Services (“CMS”), at the direction of the Trump administration, released a long-expected proposed rule (“Market Stabilization Proposed Rule”)designed to help stabilize the…more

Nomination of Neil Gorsuch to the Supreme Court

On January 31, President Trump nominated Judge Neil Gorsuch, a 49-year-old federal appeals court judge on the Tenth Circuit in Denver, as his choice to fill the Supreme Court seat of the late-Antonin Scalia. The position, which opened…more

MTC Proposed Apportionment Regulations Pass By Special Vote: Here’s What You Should Know

Today, the Multistate Tax Commission (“MTC”) held a special meeting where the whole Commission (a group of member states) voted to approve model apportionment regulations, including provisions concerning market sourcing. Since…more

Continuation of ZTE General License Until March 29, 2017

On February 24, 2017, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) published a rule extending for the fourth time the temporary general license for exports, reexports (shipments from one foreign country to…more

[Video]Day 19 of One Month to a Better Board-Three Core Areas of Board Inquiry

There are three core areas upon which Directors should focus their attention to help establish and maintain an effective compliance program. In this podcast I discuss the three which are: (1) structural, (2) cultural, (3) risk…more

3D Cinema Systems: ITC Declines to Apply Issue Preclusion Based on PTAB’s IPR Decision

In 3D Cinema Systems (Inv. 939), the Commission issued an opinion that explained why it did not give deference to a decision of invalidity by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR)…more

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. On February 28 at 3 pm EST Montserrat Miller, a Partner with Arnall Golden Gregory…more

Policyholders Win Again: The New Jersey Supreme Court Voids Insurance Policy Anti-Assignment Clauses in Occurrence-Based Insurance Policies for Post-Loss Claims

The New Jersey Supreme Court recently affirmed the Appellate Division’s decision in Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., finding that an anti-assignment clause in an occurrence-based insurance policy does not bar the…more

NC Legislative Update: February 2017 #3

This Week - The House and Senate Appropriations Committees met jointly on Tuesday to review the consensus revenue forecast from the NCGA Fiscal Research Division and the Office of State Budget Management (OSBM). Projections…more

5 Reasons Your Business Development Isn’t Working – And How You Can Fix It

?“Get more work” is not a business plan. It’s not even a meaningful goal…more

Doing Business in Russia, Kazakhstan, Ukraine and Belarus

On February 16, 2017, Bennett Jones hosted a networking lunch with the Canada Eurasia Russia Business Association to discuss recent Canadian project experience in Russia, Kazakhstan, Ukraine and Belarus…more

Missouri appellate court opens the door to Spearin claims by contractors against public entities

A Missouri appellate court has for the first time recognized that a construction contractor may pursue a breach of contract claim against a public entity owner based on the “Spearin doctrine,” meaning the contractor may recover damages…more

New York State Department of Financial Services Issues Final Cybersecurity Regulations

On February 16, 2017, the New York State Department of Financial Services ("DFS") issued final cybersecurity regulations (the "Final Regulations"), with extensive requirements for cybersecurity programs by entities regulated by DFS…more

Healthcare & Life Sciences Private Equity Deal Tracker: Xenex Secures $38 Million in Funding

Xenex Disinfection Services has announced it has received $38 million in funding. Xenex, based in San Antonio, is the developer of a pulsed xenon full spectrum UV room disinfection system for use in healthcare facilities…more

Nesting

Everyone knows what “nesting” means in the context of being pregnant, but what does it mean in the context of custody? By definition, a bird’s nest custody arrangement is a shared physical custody schedule, whereby, children reside in…more

Form SHC Deadline Approaching for Investment Advisers and Other Reporters

Investment advisers should take note that they may be required to file Treasury International Capital Benchmark (TIC) Form SHC by Friday, March 3, 2017.1 The following summarizes the requirements of TIC Form SHC…more

Improvidently Granted Appeal Statistically Yields Sampling Uncertainty

The Fourth Circuit Court of Appeals agreed in 2015 to hear an interlocutory appeal of a district court’s decision to prohibit a qui tam relator from using statistical sampling to prove liability and damages in a False Claims Act (FCA)…more

When Will a Canadian Corporation be Treated as a Passive Foreign Investment Company?

A Canadian corporation will generally be a passive foreign investment company or “PFIC” if, for a tax year, (a) 75% or more of its gross income is passive income (the “PFIC income test”) or (b) 50% or more of the value of its assets…more

The Federal Circuit Found Direct Infringement Attributable to Physicians Where “No Single Actor Performs All Steps of a Claim"

Can a patient’s action in taking a generic drug be attributable to a physician such that it can support a finding of the physician’s direct patent infringement? According to a recent precedential opinion of the Court of Appeals for the…more

Ethics Chief Gets Permanent Appointment; Case Overview Shows Agency's Vital Role

A week ago today, on Feb. 17, the Massachusetts State Ethics Commission announced the appointment of David A. Wilson as its executive director, where he’s responsible for administering and enforcing the state’s conflict of interest and…more

DC Court of Appeals Orders Rehearing of PHH v. CFPB

On February 16, 2017, the United States Court of Appeals for the DC Circuit granted Respondent Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en banc of PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.). In doing so, the…more

New D.C. Law Restricts Employer Use of Credit Histories in Employment Decisions

On February 15, 2017, Washington, D.C., Mayor Muriel Bowser signed into law the District of Columbia’s Fair Credit in Employment Amendment Act of 2016 (FCEAA). This Act, which amends the District’s Human Rights Act of 1977, follows…more

SEC Prevails in Another Trial

The Commission prevailed in another trial last week with a jury finding in its favor and against the defendant. This action centered on misrepresentations made by a borrower to a broker in connection with margin loans. SEC v. Hall…more

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