Latest Updates

Key Duty and Tax Changes for Victorian Property Purchasers: Bill Released

Following our alert on 24 March 2017, the State Taxation Acts Amendment Bill 2017 (Vic) (Bill) has now been released and is currently before the Victorian Parliament. K&L Gates has been following the proposed changes to stamp… more

Supreme Court Limits Forum Shopping Options in Patent Litigation

On Monday, May 22, 2017, the U.S. Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, that limits a patentee’s choices of venue in patent infringement litigation. Specifically, the Supreme Court held… more

Pittsburgh To Appeal Block Of City’s Paid Sick Leave Ordinance

The Commonwealth Court of Pennsylvania has affirmed a lower court’s ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance adopted in 2015 requiring all employers of employees within the Pittsburgh city limits to… more

Does Your Workplace Wellness Program Comply With Existing Laws?

The National Business Group on Health’s Eighth Annual Survey on Corporate Health recently revealed the growing prevalence of workplace wellness programs. Many such programs are expanding their aim to not only better the physical health… more

Emails With An Environmental Consultant Are Not Protected by the Attorney-Client Privilege, But May Be Protected Under the Work-Product Doctrine Rules a Federal District Court in Indiana

A federal district court in Indiana recently ruled on whether email communications with environmental contractors hired by an attorney are protected from discovery. In Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No… more

Breaking News: EEOC/OFCCP Proposed Merger Resulting In Unexpected Allies

As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). In the… more

Texas Passes State-Wide Texting While Driving Ban

Good news middle aged drivers! Today the Texas Legislature has passed HB 60, making it illegal to text and drive in Texas. The new legislation is headed to Governor Abbot’s desk, who is expected to sign the bill… more

EPA to Delay Agricultural WPS Indefinitely; Cites Issues with Guidance and Training

In a May 11, 2017, letter from U.S. Environmental Protection Agency (EPA) Acting Assistant Administrator Wendy Cleland-Hamnett to the CEO of the National Association of State Departments of Agriculture (NASDA) posted by Bloomberg’s BNA… more

The Financial Report, Volume 6, Number 9

US financial regulators discuss Volcker Rule. CNBC reported that US financial regulators are tackling one of Wall Street’s biggest concerns by discussing the Volcker Rule governing banks’ proprietary trading. Rich Foster, senior vice… more

TSCA Nanomaterial Reporting Rule: EPA Delays Effective Date and Releases Draft Guidance for Public Comment

The U.S. Environmental Protection Agency (“EPA”) issued its Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce ( “Draft Guidance”) on May 16, 2017. See 82 Fed. Reg. 22452 (May 16, 2017). EPA… more

TC Heartland: Supreme Court Makes Venue Shopping More Difficult for Patent Trolls

In the highly anticipated case on patent-venue shopping, TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (S. Ct. May 22, 2017), the Supreme Court reversed and remanded the decision of the Federal Circuit, putting a stop to… more

Caveat Emptor in the Information Age?

Commercial litigator Brooks Gresham and products liability litigator Trent Taylor bring us some timely thoughts about reliance from a recent decision by the U.S. District Court for the Northern District of California in a food-labeling… more

The Financial Report, Volume 6, Number 8

International Monetary Fund reviews top threats to markets and banks. The Wall Street Journal reported on the IMF’s warning that high corporate leverage could threaten financial stability as the Federal Reserve raises short-term… more

The Supreme Court of the United States Significantly Limits Venue in Patent Infringement Cases

As anticipated in our previous article, on Monday, May 22, the Supreme Court of the United States changed nearly thirty years of patent litigation venue practice in its TC Heartland decision. In its much-anticipated ruling, a unanimous… more

The Quiet Amendment: How E-Discovery Practitioners Benefit from Upcoming Changes to FRE Rule 902

A year and a half ago, the world of e-discovery was abuzz with Federal Rules amendment talk. And rightly so – the changes then greatly affected the process, particularly with Reasonableness (Rule 37) and Proportionality (Rule 26). So… more

Practical Issues for the Pharmaceutical and Biopharmaceutical Industry in the Wake of TC Heartland

The US Supreme Court this week held that the broad venue provision of 28 U.S.C. § 1391(c) does not apply to patent law—at least, when the defendant is a domestic entity. This decision arises after years of judicial interpretation of… more

[Video]Day 18 of One Month to Better Compliance Through HR- Using Promotions to Operationalize Compliance

The role of Human Resources (HR) in anti-corruption compliance programs, is often underestimated. If your company has a culture where compliance is perceived to be in competition or worse yet antithetical to HR, the company certainly… more

Supreme Court Curbs Venue Shopping in Patent Infringement Cases—Delaware Likely to See Increase in Infringement Actions

Venue Shopping Used for Decades Has Been Curtailed - For the last 25 years, patent owners have taken advantage of a broad interpretation of venue rules to pursue infringement claims in more plaintiff-friendly jurisdictions… more

DC Circuit Considers When a Voluntary Remand Is Appropriate

The endless variety of federal regulatory programs are subject to the requirements of federal administrative law, i.e., the Administrative Procedures Act (APA). The APA is chiefly the province of the U.S. Court of Appeals for the… more

Did The Supreme Court Just Close The Door On Eastern District Of Texas Patent Plaintiffs?

For over 25 years, the Court of Appeals for the Federal Circuit and the United States district courts have interpreted the patent venue statute 28 U.S.C. §1400(b) to allow plaintiffs to bring patent infringement cases against a… more

What Can We Infer From Justice Kilbride’s Question Patterns in Civil Cases?

Over the last two weeks, we’ve reviewed Justice Freeman’s question patterns in civil and criminal cases. This week, we’ll be reviewing Justice Kilbride’s patterns with his questioning in civil cases. Justice Kilbride has heard… more

Blog: High Court Supports SFO Bid To Obtain Documents Claimed As Privileged

In a landmark ruling on 8 May 2017, the High Court ordered that the Eurasian Natural Resources Corporation (“ENRC”) should hand over to the SFO documents prepared during an internal investigation, despite the fact that the documents… more

[Video]Compliance into the Weeds-Episode 39, Disclosure of Ransomware Attacks

In this episode Matt Kelly and I take a deep dive into the question of whether a company has a duty to disclose ransomware attacks. We consider it from the regulatory, legal, ethical, law enforcement, business, PR and some other… more

European Commission to Publish CMU Midterm Review on June 7, 2017

On May 18, 2017, Ugo Bassi, Director of Financial Markets, European Commission DG FISMA, confirmed that the Commission will publish its midterm review of the capital markets union (“CMU“) on June 7, 2017. Mr. Bassi stated that the… more

Trillion Dollar Infrastructure Investment Watch: “Parameters,” But Not Full Plan to be Released this Month

Despite bi-partisan agreement on the urgency to invest in the nation’s infrastructure to meet fast growing demands on our roads, railroads and waterways, there has yet to materialize a bi-partisan framework for funding and implementing… more

110th Tennessee General Assembly Session Ends for 2017

The Tennessee Legislature completed its first session of the 110th General Assembly this Wednesday. The flag flying over the Capitol, signifying the body is in session, was taken down. The General Assembly will reconvene on January 9… more

The Crash of the Rocket Docket: Supreme Court Drastically Changes Where Patent Infringement Cases Can Be Filed

On May 22, 2017, 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… more

Court Holds Forensic Investigator’s Report is Protected from Disclosure

Third-party forensic investigations performed at the direction of counsel are part-and-parcel of virtually every data breach. There has been little case law, however, directly addressing the extent to which the attorney-client… more

Still No Clarity on Data Protection on Websites: EU ePrivacy Regulation Will Not Come Into Force by May 2018

The Council of the European Union (“Council”) has predicted that the ePrivacy Regulation will not come into force by 25 May 2018. The ePrivacy Directive (Directive 2002/58/EC) will, therefore, continue to apply. The new European… more

“If at First You Don’t Succeed…” - Shareholders Keep Trying to Sue D&Os for Data Security Breaches

Several high-profile lawsuits have been filed in recent years by shareholders seeking to hold corporate officers and directors liable for damage resulting from data security breaches. For example, directors and officers at Target… more

Timing Is Everything: District Court In New York Approves CAFA Removal Two Years After Case Filing

In a somewhat unusual ruling, a New York federal court denied an unpaid intern’s attempt to remand a putative wage-hour class action against Oscar de la Renta to state court even though the case was removed to federal court under the… more

Supreme Court Rejects FDCPA Claim Based on Filing Time-Barred Bankruptcy Claim

This week, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017), holding that a debt collector does not violate the Fair Debt Collection Practices Act (FDCPA) by filing an… more

Popcorn Makers Fight Over Use of “Skinny”

Last month, snack food company Snyder’s-Lance filed a declaratory judgment action in North Carolina against Amplify Snack Brands and its SkinnyPop popcorn. Hours later, Amplify brought suit against Snyders-Lance in Texas, alleging… more

U.S. Department of Labor Begins Process To Rescind Obama Administration’s “Defective” Persuader Rule Overhaul

Secretary of Labor Alexander Acosta has formally initiated the process for rescission of the 2016 DOL regulations narrowing the “advice exemption” to the LMRDA’s so-called “persuader rule.” The Office of Management and Budget’s website… more

Impact of New Gender Pay Gap Reporting in the UK

Last month saw the coming into force of important new employment legislation in the UK, the Gender Pay Gap Regulations 2017 (“the Regulations”). In this article, we explain the reason for this new legislation and what it is… more

What Am I Doing Wrong?? Common FMLA Mistakes.

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eighth in a monthly series highlighting some of the more common mistakes employers can inadvertently… more

Basquiat Painting Sells For $110.5 Million At Sotheby’s Auction And Sets A Number Of Records

In recent art news, a vibrant painting of a skull, “Untitled” (1982), by the late artist Jean-Michel Basquiat sold for $110.5 million at Sotheby’s last Thursday evening and earned the distinction of becoming the sixth most expensive… more

Back to Basics: Share Your Feedback Across the Firm

One of my first clients asked me to analyze the firm’s client feedback research and make recommendations about the program. They sent me several binders of really robust client feedback about their firm. The interviewers had done a… more

FAR 52.204-21 And The Future Of Federal Cybersecurity Enforcement

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in Federal… more

New Regulations to Implement Cybersecurity Law of China

Since the Cybersecurity Law of China will take effect on June 1, 2017, the Chinese government has issued multiple regulations related to the implementation of this law, including the rules regarding the cross-border data transactions… more

Drill on Through to the Other Side: No Trespass When Drilling Through Mineral Estate with Surface Use Agreement

Action Item: The Texas Supreme Court annunciated two critical points in Lightning Oil Co. v. Anadarko E&P Onshore: (1) unauthorized interference may be a trespass only when it impacts the mineral lessee’s ability to exercise its rights… more

Capitol Hill Healthcare Update

Congress’s official budget scorekeepers this week will release analysis of the House-approved bill repealing most of the Affordable Care Act (ACA), and that data will inform Senate Republicans on a path for passing their version of the… more

Third Appellate District Holds Right to Repair Act Precludes Certain Common Law Claims for Damages Caused by Construction Defects

In Gillotti v. Stewart (No. C075611, filed 4/26/17, publication order 5/18/17), the California Court of Appeal for the Third Appellate District held that the Right to Repair Act, Civil Code section 895, et seq. (the “Act”) precludes… more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain Electronic… more

California Federal Court Upholds $8 Million Jury Verdict In Former General Counsel’s Whistleblower Lawsuit

Recently, a California federal court denied the defendant–employer’s motion for a new trial, upholding the jury’s $7.96 million verdict finding that the Company terminated its former general counsel for reporting alleged Foreign… more

PTAB Invalidates Patent for Blockbuster Drug HUMIRA®

The PTAB issued a Final Written Decision in Coherus BioSciences Inc. v. AbbVie Biotechnology Ltd., IPR2016-00172 (P.T.A.B. May 16, 2017) finding claims 1-5 of U.S. Patent No. 8,889,135 (“the ‘135 patent”) unpatentable… more

Complete Revision of German Securities Trading Act Passed German Parliament

On 30 March 2017, the German Parliament (Bundestag) finally approved a complete revision of the German Securities Trading Act (Wertpapierhandelsgesetz) as part of the Second Financial Markets Reform Act (2… more

Failure to Provide an Unconditional Covenant Not to Sue Kept Case and Controversy Alive

In ArcelorMittal v. AK Steel Corp., [2016-1357] (May 16, 2017), the Federal Circuit affirmed the summary judgment invalidating claims 24 and 25 of U.S. Patent No. RE44153… more

FOIA and Public Records: IHSA 3, BGA 0

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the Illinois High… more

Employers: Are You Ready for a Cyberwar? Attackers Using Ransomware are Saying Show Me Your Bitcoin!

Recently, the WannaCry ransomware attack impacted 150 countries and over 300,000 computers. Not all ransomware attacks are so massive but they all are fast moving and require swift action to prevent destruction and lose of data. In… more

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