Latest Updates

The Federal Circuit Affirms the Patent Trial and Appeal Board’s Invalidation of All Claims of a Gilenya® Patent

Torrent Pharmaceuticals (“Torrent”), Apotex Inc., and Mylan Pharmaceuticals filed two inter partes review (“IPR”) petitions in 2014 seeking review of all claims of U.S. Patent 8,324,283 (the “’283 patent”), which is related to Novartis… more

SCOTUS Grants Debt Collectors Limited Reprieve

The United States Supreme Court recently held that the submission of a proof of claim in a Chapter 13 bankruptcy case for payment of a time-barred claim did not violate the Fair Debt Collection Practices Act (the “Act”). Overturning… more

Guidance For North-South Spinoffs

The IRS continues to issue guidance in the much debated area of corporate spinoffs. A recently published ruling examined the federal income tax treatment of the two steps that comprise a so-called “north-south” transaction.” In doing… more

IARC Publishes Monograph on Carbon Nanotubes, Fluoro-Edenite, and Silicon Carbide

The International Agency for Research on Cancer (IARC) announced on May 19, 2017, publication of Volume 111 of the IARC Monographs, Some Nanomaterials and Some Fibres. The Monograph contains evaluations of the carcinogenic hazard to… more

Is a Merger Of OFCCP And EEOC On The Horizon?

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure. The discussion has continued since that time, and has, in the past weeks gathered more interest. The… more

Alabama Supreme Court: Lender Can Sue Directors of a Public Improvement District for Negligence, Breach of Fiduciary Duty

Alabama law permits the creation of public corporations known as “improvement districts,” which can then issue bonds that are similar to bonds issued by a municipal corporation. These bonds can be used to finance improvements within… more

OSHA Provides Update On Electronic Recordkeeping

The Occupational Safety and Health Administration (“OSHA”) just announced that it is not accepting electronic submissions of injury and illness logs at this time. Further, OSHA intends to propose extending the July 1, 2017 date by… more

New FCA Web Page on Cyber Resilience

On May 18, 2017, the FCA published a new Web page on cyber resilience. The FCA notes that cyber risks pose a threat to all financial services firms. Firms should be aware of the threat, able to defend themselves effectively, and… more

U.S. Supreme Court Declines to Revisit Carlton, Retroactivity Doctrine

On May 22, 2017, the U.S. Supreme Court denied to hear taxpayer challenges to the retroactive application of changes to tax laws in Dot Foods v. Washington Department of Revenue, and six cases challenging Michigan’s retroactive repeal… more

The U.S. Supreme Court Reverses The Federal Circuit In TC Heartland And Rules That “Residence” In Patent Venue Statute Means Only The State Of Incorporation

Today, through a unanimous decision of the Court delivered by Justice Thomas (with the exception of Justice Gorsuch who took no part in the consideration or decision of the case), the U.S. Supreme Court in TC Heartland LLC v. Kraft… more

Federal Court Provides Guidance on Service Dogs as a Reasonable Accommodation Under the ADA

On March 29, 2017, the United States District Court for the Eastern District of Michigan identified factors employers should consider if presented with the novel, but increasingly popular, employee disability accommodation request for… more

Deeper Dive: Ransomware – WannaCry and the Future of Ransomware-as-a-Service

In our 2017 BakerHostetler Data Security Incident Response Report, we addressed the increasingly ubiquitous scourge of ransomware, one of the fastest-growing types of malware causing data security incidents. We noted that ransomware… more

In Landmark Decision, U.S. Supreme Court Limits Patent Venue

On May 22, 2017, the Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC on the hotly contested issue of patent venue reform. The patent venue statue provides two grounds for laying venue. Under 35… more

Georgia Enacts New Sick Leave Law

Georgia recently enacted a new law requiring employers who offer sick leave to allow employees to use their sick leave to care for immediate family members. The law, SB 201, which takes effect on July 1, 2017, does not require… more

Ohio House Of Representatives Passes Bill Removing Workers' Compensation Benefits For Unauthorized Aliens; Reduces Time To File Claim To One Year For All Workers

The House of Representatives passed House Bill 27 (HB 27) to provide for a $566.5 million workers’ compensation budget over the next two years… more

From Bottom Bunk to Top Mind

I recently had the honor of being named to Compliance Week’s list of Top Minds for 2017, earning the title of “The Great Communicator” from Bill Coffin, Donna Rice, and the CW team… more

Reasonable Endeavours and Implied Duties of Good Faith: A Case Update

This alert focuses on clauses in commercial contracts which require a party to use ‘all reasonable endeavours’ and their relationship with the limited implied duty of good faith under English law. We look in particular at the recent… more

Understanding Special Counsel Mueller’s Authorization

Deputy Attorney General Rosenstein’s appointment of Special Counsel Robert Mueller last week was a blockbuster development in the investigation of the administration… more

Update: Case Involving Sharing Of Passwords May Be Headed To The Supreme Court

Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without… more

CFTC Revises Whistleblower Rule to Enhance Anti-Retaliation Protection

The CFTC has adopted final amendments to its whistleblower rules that will, among other things, strengthen the CFTC’s anti-retaliation protections for whistleblowers and enhance the process for reviewing whistleblower claims… more

Patent Litigation Development for Manufacturers: U.S. Supreme Court Limits where Corporations can be Sued for Patent Infringement

The United States Supreme Court just limited where corporations can be sued for patent infringement in a case called TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (U.S. May 22, 2017). Manufacturers sued for patent… more

Part I: Stakeholder Comments on FDA’s Interchangeability Guidance for Biosimilars

The comment period for FDA’s draft guidance Considerations in Demonstrating Interchangeability With a Reference Product closed on Friday, May 19, 2017. Innovators, biosimilar makers, patients, healthcare providers and other… more

CA Required Onboarding Materials Get A Makeover

California employers are required to provide employees with several documents upon hire. But not all CA employers do. I was working with a retail boutique chain last week and when I provided them the list of required onboarding… more

Supreme Court Drastically Changes Where Patent Infringement Cases Can Be Filed

Today, the Supreme Court issued a unanimous decision in TC Heartland LLC v. Kraft Foods Group Grands LLC. At issue was whether Kraft Foods selected the proper venue for suing TC Heartland for infringement. TC Heartland asserted that… more

The Trump Administration Pursues NAFTA Renegotiation

On May 18, 2017, the Trump administration formally notified Congress of its intent to renegotiate the North American Free Trade Agreement (NAFTA). The notification started the clock on a 90-day period that must elapse before the… more

ABA Encourages Encryption of Emails When Transmitting Confidential Client Information

In a recent formal Ethics Opinion, the American Bar Association stressed that lawyers must make reasonable efforts to prevent inadvertent or unauthorized access to confidential information relating to the representation of their… more

Smartphones and Driving DO NOT MIX

Tragic automobile accidents forever change the lives of those involved. I have seen it too often in my career. For the victim, a life may be tragically cut short. For the at-fault party, they will live knowing that their… more

Hearings This Week

House Science, Space and Technology, Subcommittee on Environment hearing on “Expanding the Role of States in EPA Rulemaking.” Date: Tuesday, May 23, 10 a.m. Place: 2318 Rayburn Bldg… more

Blog: Are Lone-Insider Independent Boards Too Much Of A Good Thing?

At more than half of the companies in the S&P 1500, the CEO is the lone board insider, according to this study and the related article in the WSJ. Isn’t that a good thing? Maybe not, say the authors, whose study showed that… more

U.S. Considers NAFTA Renegotiation

Those on TN “visas” and the employers who rely on them can breathe a sigh of relief— for now. While President Donald Trump has issued his recent notice to Congress of his intent to begin the process of renegotiating NAFTA, TNs have not… more

Thinking About Selling Your Business? Three Keys To Success.

There are numerous reasons you might consider selling your business – it could be that retirement beckons, your business has reached its growth limit under current management or financial constraints, or an exit opportunity knocks… more

Killjoys Reject One-Hour “Sex Break” Proposal

The town council of Overtornea, Sweden, recently rejected a proposal to give workers one-hour paid sex breaks. According to The New York Times, the council member who made the proposal believed it would help raise the town’s low… more

Passing the Baton: Lessons Learned

On May 16, 2017, Davis Wright Tremaine LLP hosted 85 owners and managers of family-owned businesses at the latest edition of our Family Business Legacy Series. Mike Garvey, the co-founder of Saltchuck Resources, a diversified… more

Recreational UAS Registration Rule Struck Down

On Friday, May 19, 2017, the D.C. Circuit Court of Appeals struck down FAA’s registration rule for recreational unmanned aerial system (drone) users, also called model aircraft… more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail workers… more

An 8-0 Decision by the U.S. Supreme Court in TC Heartland v. Kraft Foods Limits Venue Shopping in Patent Suits

Today, May 22, 2017, in the TC Heartland v. Kraft Foods opinion written by Justice Clarence Thomas, the U.S. Supreme Court held that the proper venue for a patent infringement lawsuit is (1) the state of incorporation for the… more

Healthcare & Life Sciences Private Equity Deal Tracker: Alpine Investors Portfolio Company Optima Healthcare Solutions Acquires Hospicesoft

Optima Healthcare Solutions has announced it has acquired Hospicesoft. Optima, a portfolio company of Alpine Investors, is a provider of cloud-based software for post-acute care providers based in Palm City, Fla… more

Ninth Circuit Hears Challenge To Trump’s Travel Ban Again

President Donald Trump’s own statements and deference to the Executive regarding travel ban Executive Orders are again the focus of oral arguments before the U.S. Court of Appeals for the Ninth Circuit. On May 15, 2017, in State of… more

Tennessee Is Protecting Grandma with New Legislation

Tennessee is protecting Grandma! Two pieces of legislation were approved this year: the Elder and Vulnerable Adult Protection Act, which is on its way to Gov. Haslam to be signed into law, and the Elderly and Vulnerable Adult Financial… more

Court Denies Motion For Preliminary Injunction Prohibiting The IRS From Enforcing The Micro-Captive Disclosure Requirements In Notice 2016-66

On November 1, 2016, the IRS issued Notice 2016-66 imposing new reporting requirements on micro-captives and their material advisors (see prior post describing the Notice). On March 27, 2017, CIC Services, LLC and Ryan, LLC filed a… more

Supreme Court Decides TC Heartland LLC v. Kraft Foods Group Brands LLC

On May 22, 2017, the U.S. Supreme Court decided TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, holding that, for purposes of the patent venue statute, 28 U.S.C. § 1400(b), a domestic corporation resides only in its state… more

Another Wake Up Call for Transparency

On May 18, the Association of National Advertisers (ANA) released a critical study under a joint initiative led by Ad/Fin in cooperation with the ANA, the Association of Canadian Advertisers (ACA), and Ebiquity. The study investigated… more

Impact of Online Sales Restrictions on EU and German Competition Enforcement

In the course of its E-commerce Sector Inquiry (Sector Inquiry) launched in May 2015, the European Commission gained an insight into the standard business practices engaged in by producers of consumer goods when distributing their… more

California Municipalities Face Difficult Land Use Decisions in Wake of Cannabis Legalization

Following cannabis legalization in California, municipalities are beginning to face difficult decisions related to land use and planning. The challenge in siting industrial and residential uses, often in conflict, is not new for cities… more

Eight-Figure Jury Award In California Highlights Risks Of Retaliation Claims

A jury in California awarded $22.4 million in punitive damages to a former sales manager of Cardiovascular Systems, Inc., a medical device company, based on a finding that his employer retaliated against him under both the California… more

American Corporation Seeks To Dismiss Afghan Overtime Claim By Contractors: What Is Going On?

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and… more

Supreme Court Decides Water Splash, Inc. v. Menon

On May 22, 2017, the Supreme Court decided Water Splash, Inc. v. Menon, No. 16-254. The Court held that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague Service… more

Why You Should Create A Will: What's Stopping You?

Having a will is imperative to ensure that your money and belongings are distributed according to your wishes after your death. Wills can distribute property, name an executor and guardians for children, forgive debts and more. If you… more

Hiring Incumbent Staff: GAO Says You Get What You Pay For

When an agency evaluates a proposal for the award of a cost-reimbursement contract or order, an offeror's proposed costs are not dispositive. Regardless of the costs proposed, the government is bound to pay the contractor its actual… more

Businesses Face Conflicting State And Federal Accessibility Requirements

Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA. For instance, businesses operating in New York must use the disability access symbol… more

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