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Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral Forum
In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court order vacating an arbitration… more
Retaining a “Risky” Third-Party
Every company has done it. Chief Compliance Officers have had to hold their respective noses and push forward with due diligence to retain a risky third party. Rather than reject the third party, a CCO convinces him or herself that… more
“Weight” a Minute – Upon Further Review Those Claims Are Not Indefinite
Commission Opinion, Certain UV Curable Coatings For Optical Fibers, and Products Containing the Same, Inv. No. 337-TA-1031 (August 11, 2017) (ITC) - We previously posted – “Weight” a Minute- Those Claims Are Indefinite – about… more
[Video]Day 11 of One Month to More Effective Continuous Improvement-the Desktop Risk Assessment
Another mechanism to facilitate continuous improve comes from ideas around risk assessments. Both the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) make clear the need for a risk assessment to inform your… more
[Video]Leadership Lessons from Dunkirk
In this episode Richard Lummis and I consider the movie Dunkirk and the leadership lessons which can be drawn from the movie and historical events. If you have not seen it, I would suggest you go to see what I believe is the summer’s… more
Department of Justice Pilot Program Will Focus on Opioid Fraud and Abuse
On August 2, 2017, Attorney General Jeff Sessions announced the formation of the Opioid Fraud and Abuse Detection Unit and a new Department of Justice (DOJ) data analytics program to combat opioid-related fraud and abuse. The… more
Your Litigation Hold Must Be Generally Broad And Specifically Tailored
In Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017), Magistrate Judge Robert B. Jones, Jr., denied Plaintiff Eshelman’s motion seeking a jury instruction in response to Puma Biotechnology Inc.’s (“Puma”)… more
District Court Finding of Ineligible Subject Matter Reversed in VISUAL MEMORY LLC v. NVIDIA CORPORATION August 15, 2017
In VISUAL MEMORY LLC v. NVIDIA CORPORATION, dated August 15, 2017, the Federal Circuit found an improved memory system to be patent eligible under 35 U.S.C. Sec. 101, despite the fact that the improvement resides at least in part in… more
Wrap-Up of Federal and State Chemical Regulatory Developments, August 2017
Section 5 of the Toxic Substances Control Act (TSCA) addresses new chemical notifications and, as such, is chemical innovation’s regulatory gatekeeper. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg)… more
Delaware’s Escheats Law Faces Due Process Challenge
In 2015, following Delaware’s commencement of an unclaimed property audit of Plains All American Pipeline, that holder initiated a lawsuit in the U.S. District Court for the District of Delaware seeking declaratory judgment that the… more
Why The Chicago And Cook County Paid-Sick-Leave Ordinances May Apply To Your Organization
Paid-sick-leave ordinances (PSLOs) became effective in the City of Chicago and Cook County on July 1, 2017. The PSLOs require employers to grant paid sick leave to employees on terms more generous than what most employers have… more
FDA Approving Orphan Drugs At A Record Pace
It is only August, but the U.S. Food and Drug Administration (FDA) is on track to set a record for orphan drugs approved this year. At last count, 42 orphan drugs have been approved between January 1, 2017 and August 9, 2017… more
U.S. International Trade Commission Persists with Remedy for PTAB-Invalidated Patent
The U.S. International Trade Commission has declined to rescind remedial orders blocking importation of products found to infringe two patents that were recently found invalid by the Patent Trial and Appeal Board of the U.S. Patent and… more
New York City Companies: Freelance Isn’t Free
Action Item: The Establishing Protections for Freelance Workers Act (the “Freelance Isn’t Free Act”) became effective on May 15, 2017. The Freelance Isn’t Free Act imposes specific requirements on companies located in New York City… more
Worth Another Look: Marijuana, Phase 2
In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way through the… more
Carter v. The Dial Corporation: The First Circuit Washes Its Hands of Clarifying Ascertainability in Class Actions
We previously wrote about the split among the circuit courts of appeal over the ascertainability requirement for class certification and whether self-identifying consumer affidavits—e.g., an affidavit in which a consumer attests that… more
Renegotiation Of NAFTA Can Start This Week
President Trump can officially begin renegotiating NAFTA today, August 16th. The negotiation process can only start 90 days after President Trump officially notified Congress of this intention, which took place on May 18th… more
USCIS Releases Updated I-9 Employment Eligibility Verification Form
Last month, the U.S. Citizenship and Immigration Services published a new version of the I-9 Employment Eligibility Verification Form. The Form I-9 is used by employers to verify the identity and employment authorization of all new… more
DOL May Delay Implementation of Fiduciary Rule
The Department of Labor in a brief filed in a Minnesota lawsuit on August 9, 2017 revealed that DOL had submitted to the Office of Management and Budget a proposal to delay the implementation of remaining parts of the DOL fiduciary… more
Blog: SEC Approves NYSE Amendments Requiring Notice Related To Dividends And Stock Distributions, Even If Outside Of NYSE Trading Hours
On August 14, 2017, the SEC approved a rule change that amended the NYSE Manual to require listed companies to provide notice to the NYSE at least ten minutes before making any public announcement with respect to a dividend or stock… more
Federal Reserve and FDIC Extend Deadline for Nineteen Foreign Banks and Two Domestic Bank Holding Companies to File Living Wills
On August 8, 2017, the Federal Reserve Board and Federal Deposit Insurance Corp. extended the deadline for 19 foreign banks and two domestic bank holding companies to file their next round of “living wills” detailing how they can be… more
Whack-A-Mole Continues: Latest Attempts To Slap Down Trademark Scammers
Trademark professionals often warn our clients to be skeptical when they receive official seeming bills or notices offering pricey and unneeded trademark related services. These scams have been around for as long as I have been… more
Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action Waivers Without Arbitration Agreements
The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and employees. The… more
Big Tax Court Win for Eaton in Canceled APA Case
In a significant taxpayer victory, the Tax Court, in a memorandum decision, has ruled in Eaton Corp. & Subsidiaries v. Commissioner that the IRS’s decision to cancel Eaton Corporation’s two advance pricing agreements (APAs) was an… more
European Parliament Committee Publishes Study on the Legal Implications of Brexit
On August 9, 2017, a policy department of the European Parliament (“EP“) published a Study requested by the EP’s Committee on Internal Market and Consumer Protection (“IMCP“) on the “Legal Implications of Brexit: Customs Union… more
Allegations of Misclassification Are Insufficient to Demonstrate Commonality and Typicality According to California Court of Appeal Decision
The California Court of Appeal for the Fourth District held that misclassification alone does not establish liability for overtime violations, and, thus, the fact that members of a putative class were classified as exempt was not… more
Changes In FAM May Make It More Difficult For Students With Pending H-1B Cases To Travel
The Department of State has revised its guidance for Consular Officers on the issuance of student visas, emphasizing that the officer must be “satisfied that applicant intends to depart [the U.S.] upon completion of the approved… more
NIST Issues New Password Security Recommendations: Keep It Simple, Long And Memorable
The United States National Institute for Standards and Technology (NIST) has issued new guidelines for creating secure passwords. NIST guidelines, which are directed to “federal government systems,” often become best practice… more
AD-ttorneys@law
Back in February, VIZIO, one of the world’s largest manufacturers of “smart” televisions, reached a $2.2 million settlement with the Federal Trade Commission (FTC) and the New Jersey attorney general’s office. The company had been… more
Is That Regulation Affordable? If It’s Under the Safe Drinking Water Act, It Better Be
You open your mailbox. There’s your monthly water bill. Inside, you notice it’s gone up nearly $500—but your use hasn’t changed. How could this be? And maybe more important, can you afford it? This is an essential question… more
ISDA Considers the Suitability of Swaps Documentation to the Blockchain
On August 3, 2017, the International Swaps and Derivatives Association (“ISDA”) released a whitepaper that considers whether derivative contracts could operate on a blockchain (the “Whitepaper”). The Whitepaper, titled “Smart Contracts… more
News Round Up - August 2017
SEC Permits Draft Registration Statements for All Initial Public Offerings and Direct Listings - On June 29, 2017, the Securities and Exchange Commission (SEC) announced that the Division of Corporation Finance will permit all… more
ERISA (7th Circuit): Are ERISA Plan Forum Selection Clauses Enforceable?
You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries to bring suit “in the district where the plan is administered, where the breach… more
Frontier Markets Require a Long-Term Investment in Compliance & Success
The rewards from investing in so-called “frontier markets” are enticing: rapid growth with unexploited niches, often marked by youthful consumers excited with their new found discretionary cash. These are the regions that offer higher… more
California Mandatory Packaging Waste Management Initiative
CalRecycle, the California state agency responsible for solid waste and recycling regulatory programs, estimates that packaging represents about one-quarter of California's total disposal stream. Packaging includes cardboard, paper… more
SEC Observations from Recent Cybersecurity Examinations Identify Best Practices
The SEC continues to focus on cybersecurity as an area of concern within the investment management industry… more
Tax Talk: Volume 10, Issue 2
EDITOR’S NOTE - With the failure of health care legislation to “repeal and replace” the Affordable Care Act, eyes in Washington, D.C. are now turning to tax reform. Since Congress plans to take August off, any real tax reform… more
What Employers Should Do Now to Comply With the Oregon Equal Pay Act of 2017
Equal Pay Act Overview - Oregon Governor Kate Brown recently signed the Oregon Equal Pay Act of 2017 into law. Although Oregon law already prohibited gender discrimination in the payment of wages (e.g. paying men more than women for… more
Issue Seven: PTAB Trial Tracker
Parallel Proceedings - In In re Certain Network Devices and Related Software and Components Thereof, No. 337-TA-935, the U.S. International Trade Commission (“ITC”) had issued a limited exclusion order (“LEO”) and a cease and desist… more
AIA America, Inc. v. Avid Radiopharmaceuticals (Fed. Cir. 2017)
As patent practitioners learned to their chagrin in the AMP v. Myriad Genetics case, sometimes broader Constitutional issues arise even in patent law. This is also true of matters relating to the Bill of Rights; for example, the last… more
Division of Investment Management Eases Compliance Deadline for New ADV Filing Requirement
Currently pending amendments to Form ADV have a compliance date of October 1, 2017 and, as of that date, an adviser filing an initial Form ADV or an amendment to an existing Form ADV must use the revised Form ADV. In an August 2017… more
Zoning Hurdles for Budding Pennsylvania Cannabis Businesses
The Pennsylvania Medical Marijuana Act (Act 16) establishes three different categories of permits for operators: (1) grow/process permits, (2) dispensary permits, and (3) clinical registrant permits. A limited number of clinical… more
California Environmental Law and Policy Update - August 2017 #2
Environmental and Policy Focus - New California law gives air quality officials power to quickly shut down industrial operations - Los Angeles Times - Aug 7 - Governor Jerry Brown on Monday signed legislation, effective… more
FAQs about Liability of Public Companies and Companies in Registration for Website and Social Media Content
Understanding a Company’s Potential Liability under the Securities Laws for Website Content - These FAQs address the ways in which company websites and social media platforms can give rise to securities law liability, and how… more
Another Assault – Another Exclusion
2017 is steadily becoming the year of the assault in South Carolina. Founders Insurance Company v. John Hamilton a/k/a Jim Hamilton, individually and d/b/a Aces High Club, Aces High Club and Kenneth Weatherford, 2017 WL 3415074… more
A Word To The Wise: Castleberry v. STI Group And The Expansion Of Liability For Hostile Work Environments
In David Lynch’s film Dune, a character proclaims that the protagonist “can kill with a word.” Although not quite as dramatic, the United States Court of Appeals for the Third Circuit recently held that an employer can violate federal… more
Causation Testimony Excluded in Heart-Lung Bypass Machine Death Case – Again
Not even three weeks ago, back on July 28, we discussed the court’s rigorous application of Daubert in excluding expert medical causation opinions in Smith v. Terumo Cardiovascular Sys. Corp., a federal case in the district of Utah… more
FAQs about the FINRA Communication Rules
Understanding Financial Industry Regulatory Authority, Inc. Rule 2210, Communications with the Public - What is Rule 2210, and what does it require? - Rule 2210 governs three categories of “communications” by FINRA member firms:… more
THE LATEST: Online Retailer Pleads Guilty in Conspiracy Effectuated Through Social Media
Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business… more
Wait Your Turn: No Exception to Final Judgment Rule for Appeal of Denial of Motions to Compel
In Amgen Inc. v. Hospira, Inc., [2016-2179] (August 10, 2017), the Federal Circuit dismissed Amgen’s appeal of the district court’s denial of its motion to compel for lack of jurisdiction, and rejected Amgen’s petition for mandamus to… more
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