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Does the Show Stop For Appeal After a Court Compels Arbitration? The Federal Circuit Courts Are Split

Under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., if a District Court compels arbitration of all of the claims that are before it, and thereupon dismisses the suit, its order compelling arbitration is final and…more

UK: Court of Appeal Reconsiders Test to Determine "Worker" Status

The gig economy is expanding fast. Although it brings great benefits, such as flexibility for companies and individuals, it also has generated concerns regarding workplace protections and social inequalities. In the UK, the legal…more

Outlook for Disgorgement Remedies in the Trump Administration

With the departure of now former Federal Trade Commission (FTC) Chairwoman Edith Ramirez earlier this month, among the most discussed vacancies in the new administration these days is the post of her permanent replacement. According to…more

Texas Law Lets Attorney-Client Privilege Transfer to the Buyer of a Business

When negotiating the sale of a business, legal counsel should be aware that the attorney-client privilege protecting communications between the seller and its legal counsel – including negotiations regarding the acquisition – will…more

Multijurisdictional Securitization in the Age of Risk Retention

The challenges of complying with both the US rules and the EU rules. Both United States and European Union laws now require 5 percent credit risk retention for securitization transactions. While the jurisdictional scope of the US…more

How to Recruit and Hire While Avoiding Data Contamination

When we think about trade secrets, we usually focus on keeping our own data safe. But an even bigger risk comes from hiring employees who can infect our systems with confidential information from a competitor. Companies often learn…more

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C. § 271(f)(1). See Life Techs…more

Bon Jovi, Social Media and Listening in Your Compliance Program

For every CCO or compliance practitioner, you have multiple audiences. First and foremost is your employee base but there can be third parties, shareholder or other stakeholders. One of the key insights of a number of business leaders…more

Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis play. Even the Appellate Division, Second Department, agrees. To avoid the impact of sun glare, a Town of…more

The Property Tax Appeal Process: It’s That Time Again...

Here we go again! It's that time that all Guilford County real property owners invariably look forward to [Insert Sarcasm]. Yes, it’s a Revaluation Year in Guilford County. Property owners should be on the lookout: assessment notices…more

San Jose Passes “Opportunity to Work” Ordinance

San Jose is the third northern California city to enact a scheduling ordinance that further regulates employers’ scheduling and hiring practices.  Following on San Francisco and Emeryville’s lead, San Jose recently passed “The…more

Health Alert (Australia) February 27, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 20 February 2017 - Renton v Bendigo Health Care Group [2017] FWC 921 - Application for…more

Governor Malloy Issues Executive Order On Transgender Students’ Use of Bathrooms in Public Schools

On February 22, 2017, President Trump’s administration decided to rescind, pending further review, the Obama administration’s federal guidance that requires transgender students receive access to the restrooms and locker rooms of their…more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Clean Election Funding for Gubernatorial Candidates Being Challenged - Maine’s Clean Election Act…more

Decreto por el que se declaran reformadas y adicionadas diversas disposiciones de los artículos 107 y 123 de la Constitución Política de los Estados Unidos Mexicano

Con fecha 24 de febrero del año en curso, ha sido publicada en el Diario Oficial de la Federación el Decreto por el cual se reforman los artículos 107 y 123 de la Constitución Política de los Estados Unidos Mexicanos en materia de…more

Future of California’s Marijuana Laws Appears Hazy

What do you get when you cross blue state liberal marijuana laws with red state conservatism? A purple haze. California voters approved recreational use of marijuana for adults in the November 2016 election. But federal law still…more

Update: Prudential Regulators Delay Compliance Deadline for New Swap Margin Rules

If you have been following our alerts on the pending deadlines (and the delays of these deadlines by certain regulators) of the new swap variation margin rules (New Swap Margin Rules) that were due to go into effect on March 1, the…more

EPA Proposes Rules to Implement TSCA Reform

The Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law on June 22, 2016. We previously summarized that bill's key changes to the Toxic Substances Control Act ("TSCA"). This Commentary highlights several…more

Mass Withdrawal from the International Criminal Court What does this mean for African disputes

On 30 January 2017 the African Union ("AU") voted in favour of the collective withdrawal by its member states from the International Criminal Court ("ICC"). This was a bold move considering a withdrawal of such magnitude could cripple…more

New regulation for public private partnerships

On December 22, the Regulation for Public Private Partnerships (39965-H-MP) came into effect. This regulation means that soon the Government and the Private Sector can work hand-in-hand to develop both infrastructure and other…more

Weekly Update Newsletter - February 2017 #3

GOVERNMENT CONTRACTS - Procedural Rules and Regulations - The National Labor Relations Board (“NLRB”) amended its procedural rules and regulations to (1) reflect modern technology, such as E-Filing, and eliminate references…more

USPTO Standards of Review for Inter Partes Review Proceedings

The Administrative Procedures Act (APA) applies to Patent Trial & Appeal Board (PTAB) proceedings, and the Court of Appeals for the Federal Circuit (CAFC) is using the APA to check the PTAB’s tendency to invalidate claims…more

Product Liability Update: February 2017

California Courts Reject Speculative Evidence of Exposure to Asbestos from Contaminated Talc. In a new wave of asbestos-related personal injury litigation, plaintiffs allege that they were exposed to talc-containing products that were…more

Corporate and Financial Weekly Digest - Volume XII, Issue 8

EU and Prudential Regulators Issue Statements on March 1 Compliance With Swap Margin Rules - Lacking the ability to issue formal no-action relief from strict compliance with the variation margin rules for uncleared swaps coming…more

When A “Tax Free” Exchange May Not Be Free of Tax

“Tax free” – two words that often bring great delight when they are spoken by a tax adviser to the owner of a business, whether he is considering the disposition of a single asset, or of substantially all of the assets, of his…more

On Alternative Design, Take Two - Negligence

Back in 2013, inspired by a win of our own that we were actually allowed to blog about, we put up a post entitled “On Alternative Design.” Taking the alternative design requirement for strict liability as a given, we concentrated in…more

Matching Claim Language with Label Language Ensnares Infringers

On January 12, 2017, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the judgement that Eli Lilly’s U.S. Patent No. 7,772,209 (“the ’209 Patent”) was valid and infringed under the doctrine of induced…more

Supreme Court of Pennsylvania Holds That Failure to File Brief in Support of Properly Filed Post-Trial Motion Does Not Waive Issues on Appeal

In a recent decision, Board of Supervisors of Willistown Township v. Main Line Gardens, Inc., the Supreme Court of Pennsylvania unanimously held that a party does not waive all issues on appeal when it fails to file a post-trial brief…more

Digital assets creates new complications for estate planning

“Digital assets” encompasses a wide variety of things, from your email and Facebook accounts to your iTunes music to your electronically stored data to your domain name to bitcoins. Some of them may have actual value, while others may…more

Pay Back to Big Corporations — Unneeded Laws

It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor. Such is the result of House bill H.R. 985, which they have ironically…more

"Regulators Provide Some Flexibility on the Swaps Variation Margin Compliance Deadline"

On February 23, 2017, U.S. federal banking regulators (Prudential Regulators), European regulators and the International Organization of Securities Commissions (IOSCO) issued statements clarifying their expectations on compliance with…more

7 Takeaways from the EEOC’s Guidance on Mental Health Conditions

A December 2016 publication from the EEOC titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights” doesn’t exactly break new ground. It does, however, highlight issues that arise repeatedly in…more

District Court Denies Request to Change Expert Date Based on Change in Defense Counsel

Plaintiff Genes Industry, Inc. ("Genes") filed a patent infringement action against Defendant Custom Blinds and Components, Inc. ("Custom"). The patent discloses a winding wheel for use on window coverings…more

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of disability…more

Can I Trade the Station Wagon? The Acceptance-of-Benefits Doctrine

When can you accept benefits under a judgment while continuing to complain about it on appeal? Until recently, the answer has been “almost never.”…more

District Court Stays Class Action in Favor of Arbitration

In Zambrana v. Pressler & Pessler LLP, the Southern District Court of New York stayed a putative class action against various creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA), referring the matter to…more

What’s Yours is Mine and What’s Mine is For the Benefit of My Creditors: Bankruptcy Courts Remain Reluctant to Impose Constructive Trusts on Debtor Property

There is an inherent tension between the goals of bankruptcy law and the state law doctrine of constructive trust. A central tenet of bankruptcy policy is that similarly situated creditors should be treated equally: because an…more

NY Payroll Debit Card Regulation Declared Invalid

A New York regulation establishing conditions for the payment of wages by direct deposit or debit card scheduled to take effect on March 7, 2017, has been invalidated and revoked by the state's Industrial Board of Appeals (Board)…more

Revolution or Evolution – Protect & Survive

The annual Hogan Lovells CBRE Hotel Conference 2017 - The threat from terrorism will continue well into the next decade and every country and major organisation needs a counter-terrorism plan. This was the message from Richard…more

NIST Issues Practice Guide for Electric Utilities

On February 16, 2017, the National Cybersecurity Center of Excellence released its draft practice guide for electric utilities, entitled “Situational Awareness for Electric Utilities.”…more

Is This The Definitive Word on Termination Provisions/Consideration?

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of Appeal has…more

Mexico: Decree Amending Articles 107 and 123 of the Constitution of the United Mexican States Published

On February 24, 2017, Mexico's Official Gazette published the Decree issued by President Enrique Peña Nieto amending Articles 107 and 123 of the Constitution of the United Mexican States, which deal with labor proceedings and…more

The “Final Final” is Here: NYDFS Cybersecurity Regulations

As Hogan Lovells previously reported, the New York State Department of Financial Services (NYDFS) has launched a significant initiative to impose detailed cybersecurity requirements on covered financial institutions. On February 16…more

Yes, Harassment Issues Still Persist — Just Ask Uber’s Lady Engineers

I remember back in 2004 when AB 1825 passed, requiring all California businesses with over 50 employees to train all managers and supervisors on harassment prevention.  It was one of the first significant employment laws signed by…more

Bridging the Week - February 2017 #3

CFTC Postpones Swap Dealer Compliance Date for OTC Swaps Variation Margin Requirements; Other Regulators Likely to Exercise Forbearance: On February 13, the Commodity Futures Trading Commission’s Division of Swap Dealer and…more

INTERPOL Red Notice removal cases- a sample of results from 2016, part 3

As the year begins, and changes appear to be coming to both INTERPOL and the CCF,* Red Notice Law Journal reviews some highlights from the CCF’s activity in 2016: Third case study: a comparison of the CCF’s treatment of Russian…more

Trump Administration Takes First Steps to Support Exchanges, but Key Questions Remain

In an effort to stabilize the Exchanges and encourage issuer participation, the Centers for Medicare & Medicaid Services (CMS) recently extended the federal Exchange application and rate filing deadlines and published a proposed rule…more

Why Some Delaware Corporations May Be Concerned With California’s Supermajority Vote Requirements

Section 710(b) of the California Corporations Code defines a “supermajority vote” as a requirement set forth in a corporation’s articles of incorporation (or certificate of determination) that specified actions be approved by a larger…more

Key Money and Exclusivity Arrangements—What You Need to Know

Key Money Overview - The payment of key money (KM) by hotel operating companies is an increasingly regular aspect of securing hotel management agreements, particularly in the luxury hotel sector. In the typical transaction, a…more

New Los Angeles Regulations Provide Clarity on Ban-the-Box Directives

The Los Angeles Department of Public Works Bureau of Contract Administration published Rules and Regulations (“Regulations”) to assist employers in Los Angeles—including city contractors and subcontractors—with implementing the Los…more

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A partner in Dorsey’s New York Office, Nick Akerman is a trial lawyer specializing in both complex civil and criminal cases. He has a well-established expertise on the Computer Fraud and Abuse Act…

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