Latest Updates

New York City Law Increasing Protections for Freelance Workers Takes Effect

In a previous post we discussed the significant new obligations New York City’s “Freelance Isn’t Free Act” imposes on employers that retain the services of freelance independent contractors. On May 15, these requirements became… more

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will draft a… more

Patent Owner Statements During an IPR Disclaimed Claim Scope

In Aylus Networks, Inc., v. Apple, [2016-1599] (May 11, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. RE 44,412 on systems and methods for implementing digital home networks having a… more

“Lone Star” Joins the Rest of Nation as Texas Passes New Telemedicine Law

On May 12, 2017, the Texas State Legislature passed SB 1107, a law expanding the use of telemedicine in the Lone Star State. The bill is now on its way to Governor Abbot’s desk where he is expected to sign it into law. Specifically, SB… more

Fund Liquidity Risk Management Task Force

Implementing the U.S. Securities and Exchange Commission’s (SEC) fund liquidity risk management rules presents distinct challenges for open-end mutual funds and exchange-traded funds (ETFs), and compliance with the rules will benefit… more

What to do when the government comes calling: A checklist for handling facility inspections

It’s a sunny Friday afternoon and you’re at your desk looking forward to your weekend plans when you get a call from security: Government inspectors are at the front gate and want to perform an inspection of the facility — right now… more

Ambassador Lighthizer Notifies Congress of the Administration’s Intent to Enter into NAFTA Renegotiations

Yesterday morning, the Office of the United States Trade Representative (USTR) formally notified Congress that the administration intends to initiate renegotiations with Mexico and Canada on the North American Free Trade Agreement… more

Less Is More or More Is More? Differing Regulatory Ethos in the United States and United Kingdom Pose Challenges for Financial Institutions

The United States is poised to usher in an era of decreased regulation of financial institutions while the trend in the United Kingdom maintains relatively robust regulation of the financial services sector in line with developments… more

Delaware Chancery Court Holds That Well-Pled Unocal Claim Does Not Automatically Excuse Pre-Suit Demand

On May 15, 2017, Vice Chancellor Sam Glasscock III of the Delaware Chancery Court dismissed a shareholder derivative action asserting that the directors of The Williams Companies, Inc. (“Williams”) breached their duty of loyalty in… more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of website… more

First Circuit Affirms Dismissal Of Putative Securities Class Action, Finding Public Disclosures Precluded Any Finding Of Intent To Mislead Investors

On May 12, 2017, the United States Court of Appeals for the First Circuit affirmed the dismissal of a putative securities class action against biopharmaceutical company Biogen Inc. and three of its officers. In Re: Biogen Inc. Sec… more

Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25, 2017, the… more

United States and Australia: Comparable Food Safety Systems

On April 19, 2017, FDA announced that both the United States and Australia have recognized each other's food safety systems as comparable to each other. This is the third time that the FDA has given this recognition to a country, the… more

Update on US Federal Tax Reform Proposals and Their Effect on the Renewable Energy Industry

While tax reform has been a stated focus of the Trump administration and Congress, details remain elusive. The administration has recently reaffirmed its desire to enact comprehensive corporate and individual tax reform, but so far… more

Top 10 Things Defense Lawyers Need to Know About Lack of Good Faith Claims

By now, every Maryland defense lawyer knows that there is a cause of action that can be leveled against insurers for lack of good faith. Most even know that this cause of action is based on Md. Code Ann., Cts. & Jud. Proc. § 3-1701… more

Corporate and Financial Weekly Digest - Volume XII, Issue 19

BROKER-DEALER - FINRA Requests Comment on Rules Governing Employees’ Outside Business Activities - On May 15, as part of a new review, the Financial Industry Regulatory Authority requested public comment on the effectiveness and… more

State aid schemes to support investments (Romanian)

The Ministry of Public Finance announced that between 12.06.2017 – 23.06.2017 there will be a new session for registering Financing Requests based on the provisions of Government Decision 332/2014 (as subsequently modified by… more

IRS Budget Cuts Continue to Worsen

As I have reported in my previous blog posts, the IRS continues to get hit with severe budget cuts. The result is not pretty: (i) tax collections are on the decline; (ii) the Tax Gap is growing; (iii) taxpayer non-compliance is on the… more

Massachusetts House Passes “Pregnant Workers Fairness Act”

On May 10, 2017, the Massachusetts House, by unanimous vote (150-to-0), passed the Massachusetts Pregnant Workers Fairness Act. If enacted, the Act will expand existing protections for pregnant employees in Massachusetts and require… more

The Inadvertent Settlement Agreement (and How to Avoid it)

The recent case of Jarvis v. BMW of North America, LLC is an important reminder to attorneys to avoid inadvertently reaching a settlement agreement that is unacceptable to the client, or equally problematic, one that is missing… more

How to Protect Your Trademark From Genericide

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully. The US Court of Appeals… more

AAM/Biosimilars Council Comments on FDA Draft Guidance on Interchangeability

The Association for Accessible Medicines (AAM) and the Biosimilars Council, a division of AAM, released comments today on FDA’s Draft Guidance on Considerations in Demonstrating Interchangeability With a Reference Product (“Draft… more

"Be an Intrapreneur" - Inspiration for Legal Marketers from Josh Kubicki's P3 Keynote

Inspiration and takeaways from this year's P3 keynote by Seyfarth's Josh Kubicki… more

New Partnership Audit Rules and How They May Affect Tax-Exempt Partners

Partnership audit rules will affect tax-exempt organizations that are partners in partnerships such as investment funds, operating partnerships, and joint ventures… more

CFTC Proposes to Amend Chief Compliance Officer Duties and Annual Report Requirements

On May 3, 2017, the Commodity Futures Trading Commission (“CFTC”) approved for publication in the Federal Register proposed amendments to its rules regarding the duties of Chief Compliance Officers (“CCOs”) for swap dealers (“SDs”)… more

Trump Administration Announces NAFTA Renegotiation

After months of public pronouncements on the future, including threatened withdrawal from, the North American Free Trade Agreement (NAFTA), the Trump Administration announced on May 18, 2017, its intention to begin negotiations with… more

State aid schemes to support investments

The opening of a new filing session for Financing Requests under G.D. 332/2014 - The Ministry of Public Finance announced that between 12.06.2017 – 23.06.2017 there will be a new session for registering Financing Requests based on… more

FDIC Action Is a Reminder that Bank Partnerships Are Not a Panacea for Non-Banks

On May 11, 2017, the Federal Deposit Insurance Corporation (FDIC) announced that it had reached settlements with Bank of Lake Mills (Bank) and two of its “institution-affiliated parties” (IAPs)—Freedom Stores, Inc. (FSI) and Military… more

Avoid Potential Liability for Violating Laws Related to Email Marketing

Email is an important marketing tool for retailers, who should be aware of federal and state laws regulating its commercial use. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing… more

All Partnerships Need to Adapt to the New Partnership Audit Rules Now

Historically, partnerships and multiple-member limited liability companies ("LLCs") taxed as partnerships generally have not had to pay income taxes at the partnership level. As a result of federal tax law changes effective after 2017… more

Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case

The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to enforce the… more

European Central Bank Publishes Final Guidance on Leveraged Transactions

The ECB final guidance reflects market feedback and is more closely aligned to the US leveraged lending guidance. The European Central Bank (ECB) published the long-awaited final guidance on leveraged lending on 16 May 2017. The… more

SCOTUS Poised to Resolve Circuit Split Over Offsetting Unpaid Work Time with Paid Breaks

On May 15, 2017, petitioners in E.I. du Pont de Nemours & Co. v. Bobbi-Jo Smiley filed a reply brief with the U.S. Supreme Court defending their petition for certiorari and arguing that the Court should take up review of the Third… more

The first amendment to Italian Public Contracts Code (Italian)

Since one year from the coming into effect of the Legislative Decree no. 50/2016 adopted by the Italian Government to implement the European Directives no. 2014/23/EU, 2014/24/EU and 2014/25/EU (known as the “New Public Contracts… more

The first amendment to Italian Public Contracts Code

Since one year from the coming into effect of the Legislative Decree no. 50/2016 adopted by the Italian Government to implement the European Directives no. 2014/23/EU, 2014/24/EU and 2014/25/EU (known as the “New Public Contracts… more

Brazilian Green Bonds: Fibria Celulose S.A.

It is now widely acknowledged that there is an enormous need for 'green' infrastructure, be it urban transport, renewable power or water services. The Better Growth, Better Climate 2016 report by the New Climate Economy estimated that… more

Roundtable on Geopolitical Risks and Effective Response Strategies

On May 4, 2017, 15 business leaders gathered at Skadden’s Palo Alto office to discuss the current political and policy environments in the U.S. and abroad, as well as their implications for the technology sector. Participants shared… more

Expansion of San Francisco's Paid Parental Leave

The new year brought to San Francisco the most comprehensive parental leave law offered anywhere in the country. Under the San Francisco Paid Parental Leave Ordinance (PPLO), when covered employees use California paid family leave… more

USPTO Patent Term Adjustment Error Costs Patent Owners Time And Money

The USPTO appears to have dropped its plans to overhaul the Information Disclosure Statement (IDS) process, but that’s no excuse for its failure to process IDSs in accordance with its current rules. Most egregiously, the USPTO… more

BREAKING NEWS: Supreme Court Tightens Venue Rules for Patent Cases

Today, the Supreme Court ruled in TC Heartland LLC v. Kraft Foods Group Brands LLC that for venue purposes in patent litigations, a domestic corporation “resides” only in its state of incorporation. This ruling reflects a significant… more

Bridging the Week - May 2017 #4

Innocuous Changes in CME Group Globex Rule Could Inadvertently Increase Potential FCM Liability Bigly: CME Group announced amendments to its rule related to Globex order entry that will affirmatively require all persons that enter… more

Privacy Perils: Strong Passwords IV: The Phrase Awakens

Previous Tips have warned of the use of easily-guessed passwords, and have provided suggested methods to strengthen them, including use of..… more

Texas Legislature Approves Bill Reducing Barriers for Telemedicine

The Texas legislature passed S.B. 1107 yesterday, May 18, 2017. The bill, negotiated with input from the Texas e-Health Alliance and various other stakeholder groups, expands options for health care providers utilizing… more

GOP in D.C. Shaping Up as the Major Problem for Charlie Baker

Charlie Baker sent a letter to key members of the U.S. Senate this past Friday, an ominous document concerning matters with the potential to cause enormous harm in Massachusetts: federal cost sharing reduction payments, and the effort… more

More Bond Traders Sued By The SEC For Alleged Fraudulent Misrepresentations Relating To MBS Prices

On May 15, 2017, the Securities and Exchange Commission sued two commercial mortgage backed securities (“CMBS”) traders for securities fraud allegedly committed while buying and selling CMBS on behalf of a large broker-dealer during… more

2018 Health Savings Account Figures Released

Earlier this month, the IRS released the 2018 inflation-adjusted figures for contributions to Health Savings Accounts (HSAs). As a reminder, HSAs are individual accounts that may be used for reimbursement of certain health care… more

Bond Fraud Trial Shows Need to Scrutinize Municipal Revenue Generation

Ramapo, N.Y., Town Supervisor Christopher St. Lawrence is in the middle of a multi-week trial on two dozen securities fraud charges stemming from municipal bond issuances and accounting practices in Ramapo, a Rockland County hamlet… more

Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry Review… more

In Determining Whether a Case “Stands Out,” It was Not Improper to Consider Patent Cases Generally

In Nova Chemicals Corp. (Canada) v. Dow Chemical Co., [2016-1576] (May 11, 2017), the Federal Circuit affirmed the district court’s determination that the case was “exceptional” under 35 USC 285, and the award of $2.5 million in… more

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