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Legal Issues Business Leaders Need to Know in 2017

Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United States Department of Labor issued its long-awaited final rule regarding the exemption of…more

US Department of Labor Proposes Extension to Fiduciary Rule Applicability Date

The US Department of Labor proposed to extend the applicability dates of the fiduciary rule and related exemptions, including the Best Interest Contract Exemption, from April 10, 2017 to June 9, 2017…more

The importance of aggregation clauses in professional clauses in professional indemnity insurance policies

UK Supreme Court clarifies effect of aggregation wording: AIG Europe Limited v Woodman - In a long awaited judgment, which will affect all organisations with professional indemnity insurance, the Supreme Court has clarified how…more

Window On Washington - This Week in the Nation's Capital

Budget Work Stymied: With the House and Senate headed for a mid-April recess, work on completing the Fiscal Year 2017 appropriations for 10 of the 11 appropriations bills remains unfinished despite an approaching April 28th deadline…more

Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law

In Excel Enterprises, LLC v. Winona PVD Coatings, LLC, No. 3:16-cv-19-WCL-MGG (N.D. Ind., Feb. 17, 2017), Indiana Magistrate Judge Michael G. Gotsch, Sr. ruled that despite the fact that the defendant failed to demonstrate that it…more

SEC’s Information Update for Advisers Relying on the Unibanco No-Action Letters

Recently, the SEC’s Division of Investment Management published a four-page Information Update for Advisers Relying on the Unibanco No-Action Letters (the “Update”). The stated purpose of the Update is to inform multi-national…more

Varsity Brands Earns Hard-Fought Win in Supreme Court Ruling Designs on Cheerleading Uniforms Are Copyrightable

The United States Supreme Court, in the case Star Athletica, LLC v. Varsity Brands, Inc., et al., Case No. 15-866, ruled in a 6-2 opinion that two-dimensional designs incorporated onto three-dimensional useful articles (here…more

HHS and Medicare Asked to Expand Coverage for Genetic Tests

Fifteen members of Congress have asked the Department of Health and Human Services (HHS) and the Medicare Payment Advisory Commission (Medicare) to examine how the federal government can help improve patient access to genetic…more

Oregon selects 15 solar projects for development under Solar Development Incentive program

At least 116 megawatts of new solar energy development will soon be underway in Oregon, supported by the state’s Solar Development Incentive (SDI) program…more

Self-Disclosure Analysis of FCPA violations and the New Administration

On April 5, 2016, the Department of Justice had set forth a Foreign Corrupt Practices Act (“FCPA”) Enforcement Plan and Guidance on enforcement, announcing an FCPA enforcement pilot program to promote greater accountability for…more

March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the workplace…more

Will the Trumpcare fiasco mean that health care is finally accepted as a right?

A GOP assault on American health care has been turned aside, for now. But major questions have been exposed that will need answering if we as a country are ever to come together over health care. Do we recognize that health…more

Two Bits, Four Bits, Six Bits, a Dollar, Cheer Uniforms are Copyrightable, Stand Up and Holler!

In Star Athletica, LLC v. Varsity Brands, Inc., (2017), the Supreme Court affirmed the Sixth Circuit that the two dimensional designs appearing on the surface of Varsity’s cheerleader uniforms were copyrightable…more

How Do I Know When I Need to Hire a Personal Injury Attorney?

Many innocent San Fernando Valley residents are injured in accidents that are not their fault but, for one reason or another, they fail to reach out to an experienced injury attorney to discuss their legal rights and potential…more

Sixth Circuit: ERISA Exhaustion Not Required in Plan Amendment Suit

The Sixth Circuit held that retirement plan participants were not required to exhaust their administrative remedies prior to bringing a claim alleging that a plan amendment violated ERISA...…more

Something good for employers in the American Health Care Act

The Affordable Care Act’s current proposed replacement does not include an employer mandate and abolishing the employer mandate is a good thing proposed in the American Health Care Act and the Patient Freedom Act before it. Employers…more

Indiana Reaffirms Relaxed Rule for Med Mal Complaints

In Indiana a medical malpractice plaintiff doesn’t proceed directly to court. First, a proposed complaint goes to the Indiana Department of Insurance, and the case is heard by a Medical Review Panel consisting of physicians. The…more

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules concerning the…more

Selecting a Unique Brand for your Cannabis Business

All brands should strive to be unique. However, it is particularly important that businesses in competitive industries, like the cannabis industry, adopt brands that are highly distinctive and unique. Why? In competitive industries…more

Board Denies Kyle Bass Challenge Against Biogen’s Tecfidera® Patent In View of Unexpected Results

The PTAB issued a Final Written Decision finding that Biogen’s patent on treating Multiple Sclerosis (“MS”) with a certain dose amount was not obvious because the clinical efficacy exhibited by administering this dose amount was…more

SEC Obtains Freeze Order In Suspicious Trading Case

Suspicious trading cases have become a staple of SEC insider trading enforcement. Typically the cases involve outsized trading in advance of a significant corporate event. The only way for the SEC to avoid the possible transfer of the…more

Healthcare Law Update: March 2017

Enforcement - OIG Issues Advisory Opinion Allowing Free or Reduced-Cost Lodging and Meals - On March 3, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG) issued Advisory Opinion…more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. OSHA had…more

When Banks and SCRA Compliance Collide

In the financial industry, non-compliance means violating or not complying with legal regulations, prescribed industry practices, internal governance, or ethical standards. Non-compliant behavior can have a major impact on their…more

SEC Chair Nominee Testifies at Confirmation Hearing

On Thursday, March 23, Jay Clayton, President Trump’s nominee for Chair of the Securities and Exchange Commission, testified before the Senate Banking committee at his confirmation hearing. In both his prepared statement and in…more

House Amends Class Action & Fraudulent Joinder Statutes

On March 9, 2017, the House passed the Fairness in Class Action Litigation Act of 2017 and the Innocent Party Protection Act, addressing class actions and fraudulent joinder suits, respectively. The class action bill (H.R…more

Knowing Where You Are, When You Are: Creepy or competitive? The privacy and security issues involved with geo-location tracking

Smartphones, smartphone apps, websites, and other connected devices (e.g., “wearables”) increasingly request that consumers provide their geo-location information. Geo-location information can refer to general information about a…more

Artful Pleading is Insufficient to Evade Application of California’s anti-SLAPP Statute In Cases Involving “Mixed Claims”

In Nancy Lee Sheley v. Linda Harrop (No. C977747, filed 3/20/17) the California Court of Appeal for the Third Appellate District held allegations arising out of a protected activity, as defined in California’s anti-SLAPP statute…more

DOJ Announces Continuation and Ongoing Review of FCPA Pilot Program

The extension of the program — which emphasizes voluntary self-disclosure of FCPA violations, raises considerations for corporate entities and individual executives. The Department of Justice (DOJ) recently announced that the…more

Wind Powers Texas. What Does That Say About the Future of Coal?

According to Bloomberg BNA (subscription required), last week, for the first time ever, more than 50% of the load in the Electric Reliability Council of Texas service area was supplied by wind power. This is the state that consumes…more

Janssen’s Amicus Brief Sandoz v. Amgen

As we posted here, here, and here, various amicus briefs have been submitted in Sandoz v. Amgen. Last week, Janssen Biotech, Inc. submitted an amicus brief in support of Amgen…more

CFPB Loses a Major Battle (But Not Quite the War) Against Third Party Payment Processors

A recent US District Court decision dismissing a claim brought by the Consumer Financial Protection Bureau (CFPB) against a third-party processor and two of its executives deals a setback to the agency’s ability to pursue enforcement…more

FINRA’s Engagement Initiative

In our capacity as advisers to financial institutions, we carefully monitor FINRA’s rulemaking and enforcement activities with a view to thinking about how these affect market participants and their activities. FINRA’s March 2017…more

U.S. Supreme Court Rules Decorative Elements Can Be Copyrighted

On Wednesday, March 22, 2017, the U.S. Supreme Court, in a 6 to 2 decision, affirmed a decision of the United States Court of Appeals for the Sixth Circuit in favor of Varsity Brands, Inc., et al. (Varsity). The Supreme Court held that…more

North Carolina Legislative Update, March, 2017 #3

This week at the legislature, Senate confirmations continued as committees in both chambers received informational presentations and voted on bills. Confirmations - Senate committees are continuing the process of confirming…more

HMRC publishes responses to the consultation on Partnership taxation

The result of the HM Revenue & Custom's consultation on UK partnership taxation was released on 20 March, this is important for both fund partnerships and fund managers structured as LLPs which file UK tax returns. Although aimed…more

Indecent Exposure: New Decision Confirms Subcontractors Liability To CD Damages Is Expansive

How broad is a “broad-form” indemnity provision in a construction contract? A recent decision by the Arizona Court of Appeals has held such a provision allows a developer great latitude in recovering monies paid for settlement and also…more

Class Action Roundup: Winter 2017

Welcome to the latest edition of Class Action Roundup, covering the fourth quarter of 2016. As has been the case throughout the year, class actions continue to play a key role in courtrooms across the country. The…more

Be Aggressive, B-E Aggressive – SCOTUS Encourages IP Plaintiffs

Last week, the U.S. Supreme Court decided two much anticipated intellectual property cases. Supreme Court Rejects Laches in Patent Infringement Cases - The first, SCA Hygiene Products Aktiebolag et al. v. First Quality Baby…more

Illinois Legislative Proposal Would Eliminate the Unclaimed Property Exemption for Business to Business Transactions

A bill has been introduced in the Illinois Legislature that could significantly impact the escheat liability and recordkeeping requirements of any holder doing business in the state of Illinois. House Bill 2603 (“HB 2603”), introduced…more

Maryland Allows Use of Nonjudicial Settlement Agreements in Trust Administration

Maryland previously enacted a version of the Uniform Trust Code (UTC), which contains various provisions focused on permitting more efficient administration of trusts. However, Maryland’s version of the UTC initially omitted the UTC…more

Avangrid Wins Latest BOEM Auction for Offshore North Carolina Lease and Moves Towards Full Commercial Lease

Following an auction on March 16, 2017, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) named Avangrid Renewables, LLC (Avangrid) the provisional winner of the auction. Avangrid, majority owned by global…more

Deaf Individuals Sue Health System for Discrimination Under Section 1557 of the ACA

This month, twelve deaf individuals filed a federal suit against Banner Health in Arizona alleging discrimination under Section 1557 of the ACA because of an alleged failure to provide effective auxiliary aids. Specifically, the…more

[Video]Employment Law This Week: Missing Comma Affects Case, Sexual Orientation Discrimination, DOL Budget Cuts, New Complaint Filing System

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

Update #6: ACA Lives On – Employers Should Stay Their Course

Republicans have announced that their ACA replacement bill, known as the American Health Care Act, has been pulled from a vote, after determining they may not have enough votes to pass the bill. It is unclear whether or when a…more

CFPB Fails to State Case Against Payment Processor

The United States District Court for the District of North Dakota recently dismissed the Consumer Financial Protection Bureau’s (CFPB) complaint against a payment processor, Intercept, in a case McGuireWoods has been monitoring. The…more

Utah Enacts Uniform Voidable Transactions Act

On March 21, 2017, Utah joined about a dozen other states in enacting the Uniform Voidable Transactions Act (the Act). This statute, which is found at §25-6-101 et seq., amends Utah’s Uniform Fraudulent Transfer Act (§25-6-1 et seq.)…more

The Evolving Electronic Medical Records Industry and its Effect on Patient Safety -- Time for an EMR Refresher for Your Employees?

The electronic medical records (EMR) industry is evolving. Technology and ease of use is improving, but risks are still inherent in using EMR. While the advent of EMR made it easier to create a better piece of evidence in some regard…more

Payment Practices and Performance Reporting - New UK rules aimed at tackling late payment of suppliers and vendors will require large businesses to report on their payment practices and performance

Under Section 3 of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), the Secretary of State has the power, by regulations, to require certain companies to publish information about their payment practices and…more

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Minding Your Business is Proskauer’s Commercial Litigation Blog, written by lawyers in our commercial litigation practice across the country. These posts are designed to inform and provide insightful…

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