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Contract Corner: Change Management in Commercial Contracts (Part 1)

While a primary goal of any well-crafted commercial agreement is durability—terms that work for the life of the agreement—the only certainty in the course of a long-term commercial relationship is the inevitability of change. Once a… more

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding that the… more

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New York’s… more

Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC

Case Name: Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC, Civ. No. 15-250-SLR, 2017 U.S. Dist. LEXIS 12165 (D. Del. Jan. 30, 2017) (Robinson, J.). Drug Product and U.S. Patent: Nasonex® (mometasone furoate nasal spray); U.S… more

Registration Rule Decision Invites Congress to Expand FAA Authority Over Hobby Drones (Or Not)

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a ruling vacating the Federal Aviation Administration's "Registration Rule," which required owners of small unmanned aircraft ("drones") operated for recreational… more

CPSC Acting Chairman Ann Marie Buerkle Emphasizes Collaboration, Balance, and Education

Acting Chairman of the Consumer Product Safety Commission (“CPSC”) Ann Marie Buerkle highlighted her priorities and recent noteworthy developments in a recent newsletter. She emphasized her desire to collaborate with stakeholders, to… more

The FTC Seeks Comment: How Trusty Is The TRUSTe Plan For COPPA Certification?

The Federal Trade Commission (FTC) is currently seeking comment on proposed changes to TRUSTe’s safe harbor program under the agency’s Children’s Online Privacy Protection Rule (COPPA). Per the Federal Register notice, the comment… more

Operationalizing Compliance: Part I – It All Starts with Pizza

With the release of their Evaluation of Corporate Compliance Programs (Evaluation) in February, the Department of Justice (DOJ) emphasized yet again the importance of actually doing compliance and not simply having a paper program in… more

How Europe’s Private Debt Funds Are Approaching the Leveraged Finance Market

Paul Mullen is a partner in the Hogan Lovells London office. In this hoganlovells.com interview, Mullen talks about how the deal structures vary between the private debt funds and the banks, the differences in the financial… more

CJEU Opinion on EU-Singapore FTA May Impact Approach to Future Trade Agreements

On 16 May 2017, the Court of Justice of the European Union (CJEU) issued the long-awaited landmark Opinion 2/15 on the EU-Singapore Free Trade Agreement (FTA). According to the CJEU, the EU-Singapore FTA falls under the EU’s exclusive… more

Did You Know? Georgia Revises Residential Mortgage Act Provisions

Georgia revised provisions under the Residential Mortgage Act, including, but not limited to, the following: An applicant for a mortgage lender license must provide a bond of $250,000, previously $150,000. This will become… more

5 Key Takeaways: Patent Strategies Applicable for Repurposing & Rescuing of Drugs

Kilpatrick Townsend Partner Ken Weber, Ph.D. recently presented “The Role of Patents in Repurposing and Rescuing Old Drugs” at the STC 2017 Spring Seminar Series in Albuquerque, New Mexico. This presentation defined the role that… more

Will A Subsequent Purchaser Of A Property Built After 1991 Be Liable For Accessibility Issues Related To Design & Construction Of The Property?

As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed. Effective in… more

Minnesota Weekly Legislative Update: Budget Negotiations Continue, Conference Committees Focus on Policy

The legislative session is quickly coming to a close, but legislative leaders and Governor Dayton are not finished with their work. They are continuing to negotiate the state’s $46 billion budget and will need to come to a resolution… more

Unpaid Real Estate Tax Can Become a Lien on All of a Property Owner’s Real Estate in Pennsylvania

The basic notion that unpaid real estate taxes may become a lien against property for which those taxes have been assessed and gone unpaid is commonplace to many. The framework for this process is contained in statutes such as the Real… more

AHCA Would Affect Medicare, Too

Editor’s Note: While the American Health Care Act (AHCA)—the bill that would replace the Affordable Care Act—does not include explicit changes to Medicare, it could have a profound impact on the 11 million Medicare beneficiaries who… more

SEMI Will Host Webcast on New TSCA Requirements for Nanoscale Materials

On June 1, 2017, in concert with industry partners, SEMI will host an information-sharing webcast concerning the new regulatory requirements for nanoscale materials under the Toxic Substances Control Act (TSCA). Jim Alwood, Program… more

Judge Robinson Denies Defendant’s Motion To Dismiss Asserting Patents Claim Ineligible Subject Matter

By Memorandum Order entered by The Honorable Sue L. Robinson in Paltalk Holdings, Inc. v. Riot Games, Inc., Civil Action No. 16-1240-SLR (D.Del. May 15, 2017), the Court denied Defendant’s Motion to Dismiss which asserted that… more

Press Release Mistake Leads to $2.4 Million HIPAA Penalty for Health System

On May 10, 2017, the U.S. Health and Human Services Department Office for Civil Rights (“OCR”) announced an agreement whereby Memorial Hermann Health System (“MHHS”) will pay a $2.4 million penalty for releasing a patient’s name in a… more

Legittimità delle opzioni put a prezzo fisso e divieto di patto leonino

Come noto, il divieto di patto leonino, disciplinato all'art. 2265 c.c., risponde alla finalità di rendere nulli i patti fra i soci aventi la funzione di escludere totalmente uno di essi dalla partecipazione agli utili o alle perdite… more

Major Reform of French Civil and Commercial Procedure

By several decrees dated 6 and 9 May 2017 (mainly decrees No. 2017-891, 2017-892, 2017-862 and 2017-888), the French government has enacted a substantial reform of several aspects of French civil procedure (which is also applicable to… more

Public Perception And Policy Regarding Drones And Autonomous Vehicles

Recently I had the opportunity to speak to a college class regarding public perception and policy regarding drones and other autonomous vehicles. In preparing for my presentation, I realized several things that I already knew, but had… more

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs Committee… more

Pittsburgh's Paid Sick Leave Law Suffers Another Legal Defeat, Battle Not Over

In Pennsylvania Rest. & Lodging Ass'n et al v. City of Pittsburgh, the Commonwealth Court ("the Appeals Court") affirmed a lower court ruling that the City acted without authority when it adopted the Paid Sick Days Act ("the Act"), an… more

The ABCs of Statutory Consumer Protection Liability

The number of consumer claims filed since the Great Recession has skyrocketed. These claims include alleged violations of an “alphabet soup” of federal and state consumer protection statutes. These statutes allow prevailing plaintiffs… more

What does Spokeo mean? The Eleventh Circuit’s Unusual Debate about the U.S. Supreme Court’s Controversial Decision

Takeaway: The decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), where the U.S. Supreme Court evaluated Article III standing in the context of a federal statutory violation, continues to generate controversy. Since its… more

Your Daily Dose of Financial News

We learned pretty early on that VW wasn’t alone in employing emissions-cheating software to get around environmental regs. But until now, it’s borne the brunt of the bad press for its actions. Well, with Fiat Chrysler’s DOJ… more

CFTC Launches FinTech Innovation Initiative “LabCFTC”

On May 17, 2017, Commodity Futures Trading Commission (“CFTC”) Acting Chairman J. Christopher Giancarlo announced an “important step forward” in bringing the CFTC’s regulations into the “digital world of the 21st century.” The CFTC’s… more

So You Just Invented the Best Product the World Has Ever Known

You spent all this time creating the perfect product and, in order to make your startup viable, you need to get the product to market. But what have you done to protect this lifeline of your new business?… more

China opens up the securities investment fund management industry: the first in a journey of ten thousand steps?

On 30 June 2016, the industry self-regulating body, the Asset Management Association of China published what, on the face of it, appeared to be a fairly innocuous document entitled Questions and Answers regarding the Registration and… more

Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive

In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit. In the case, Dominic Oliveira had signed an… more

San Mateo Gardens Teaches College District a Lesson on Picking Thorny Subsequent Review Procedure

The California Supreme Court recently addressed an important California Environmental Quality Act (CEQA) issue: Who decides whether CEQA’s subsequent review provisions are applicable when there are changes to an adopted project?… more

SEC Cybersecurity Risk Alert Urges Firms to Protect Against Ransomware

On May 17, 2017, the Office of Compliance Inspections and Examinations (OCIE) of the United States Securities and Exchange Commission (SEC) issued a risk alert highlighting the importance of registered broker-dealers, investment… more

Copyright Infringement on a Website: the Risks of Scraping and Framing

If photos are available on the internet, then… they’re free for the taking, right? Wait, that’s not how copyright law works? In the world of copyright, each original image theoretically has an “author” who created the image, and… more

Markush Groups: Traps for the Unwary

While many patent examiners prefer Markush claims, which recite lists of alternatively useable species, to be formatted as “selected from the group consisting of A, B, and C,” Applicants should carefully consider claim construction… more

Non-Federal Entities Receive Extra Year to Comply with Overhauled OMB Procurement Standards for Federal Assistance Agreements

Non-federal entities that receive federal assistance—such as colleges and universities, hospitals, nonprofits, and state, local and tribal governments—have been given an additional year to comply with the Office of Management and… more

News from Second and State

This week’s big news is not from the General Assembly, but from the Commonwealth’s judicial branch. Candidates in party primary elections squared off on Tuesday for a shot to run for positions on the Commonwealth, Superior and Supreme… more

Facebook Is Fined US$122 Million by European Commission for Misleading Information in WhatsApp Merger Review

Facebook is faced with a fine of EUR110 million (US$122 million) for providing misrepresentative or incorrect information to the European Commission when it filed the acquisition of WhatsApp for merger approval in 2014. In the… more

Trump’s Cybersecurity Executive Order: Has Anything Really Changed?

Last week, President Trump signed an executive order (EO) designed to strengthen national cybersecurity and critical infrastructure. The EO focuses on the modernization of the federal information technology (IT) network and national… more

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas (“GHG”)… more

Which Side Tends to File the Most Amicus Briefs in Criminal Cases (Part 2)?

Yesterday, we looked at the court’s experience with amicus briefs in criminal cases for the first half of our study period, 1994-2005. Today, we look at the data for the second half of the period. For the most part, the… more

What Does The “In” in “Incontestable” Mean?

After the fifth year of issuance of a U.S. trademark registration, the registration is eligible for “incontestable” status if the owner files a declaration with the U.S. Trademark Office confirming that (1) the mark has been in… more

Senators Send SEC, EPA, Letter On Renewable Fuel Credit Market

On May 9, 2017, Senator Elizabeth Warren (D-MA), along with seven additional Democratic Senators, sent a letter to the Securities and Exchange Commission (SEC), the U.S. Environmental Protection Agency (EPA), and the Commodities… more

BREAKING: U.S. Court of Appeals for the DC Circuit Strikes Down FAA Drone Registration Rule for Hobbyist

In a ruling issued last Friday, the the U.S. Court of Appeals for the District of Columbia Circuit vacated the FAA’s Registration Rule for small unmanned aircraft systems (UAS or drones) that are operated for recreational purposes… more

[Video]Employment Law This Week®: California’s “Day of Rest” Provisions, Title VII Claim Revived, Joint-Employer Ruling, New Georgia Employment Laws

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

Will The Fiduciary Rule Live on Even if it is Repealed?

The Department of Labor fiduciary rule was supposed to be implemented on April 10, 2017. That date was pushed back to June 9 so that it could be reassessed, and possibly modified or even repealed. The rule as it stands would require… more

Accountant and Attorney Liability NewsBrief - Summer 2017

Compliance programs - policies and procedures designed to prevent violations of laws,c rules and regulations – have become a big deal. That’s because government regulators and enforcers closely scrutinize companies that regularly… more

Applying Overpayments of Tax to Tax and the Offshore Penalty in the OVDP Program

The OVDP program allows taxpayers to remedy deficient disclosure filings relating to offshore accounts for a fixed penalty amount. As part of the program, taxpayers must file either original or amended tax returns which include the… more

Obstruction of Justice – A Primer

Our political discourse these days has been focused on three key words – obstruction of justice. Whatever your politics may be, these words and the law surrounding obstruction of justice are important to understand… more

Role of the Trustee

When Edna Sue Pate was appointed trustee of her 10 year-old grandson’s $100,000 college fund in 2003, it is unlikely that her relatives knew about her gambling addiction. Or perhaps they thought that her grandmotherly instincts would… more

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In 1989, members of a major New York law firm joined other leading attorneys to form Ingram Yuzek Gainen Carroll & Bertolotti, LLP. The objective was to develop a client-driven practice offering…

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