Latest Updates

[Audio]Hsu Untied interview with James Yoon, Partner at Wilson Sonsini

Today, my guest is James Yoon, a Partner at Wilson Sonsini, who harnesses patent litigation big data about opponents and judicial decisions to more effectively advise clients on litigation risk management and case strategy. By… more

So You Want to Give Your Employee a Bonus?

There are many reasons employers give bonuses to employees. Bonuses are a motivator. They effectively reward past contributions. Bonuses also allow employers to provide additional compensation to the workforce on a one-time basis… more

Recent Developments in Energy Efficiency Evaluation, Measurement, and Verification: American Council for an Energy-Efficient Economy Report References Arkansas

The American Council for an Energy-Efficient Economy (“ACEEE”) has issued an October 2017 report titled: Recent Developments in Energy Efficiency Evaluation, Measurement, and Verification (“Report”)… more

Two Federal Judges Block President Trump’s Newest Travel Ban

On Tuesday, U.S. District Judge Derrick Watson, seated in Honolulu, Hawaii, issued a nationwide injunction against the third and latest version of President Trump’s travel ban. This was followed up on Wednesday morning by U.S. District… more

2017 Security Breaches: Frequency and Severity on the Rise (Updated)

We periodically update this post with recent data breach statistics. Now that we’re into the final quarter of 2017, it’s time to look back at the largest data breaches of 2017. This was originally published in December, 2016. It has… more

A Review of Recent Whistleblower Developments

...On July 25, 2017, the U.S. Securities and Exchange Commission (SEC) announced it was awarding nearly $2.5 million to a government employee who tipped off the SEC to a company’s wrongdoing. Although the SEC does not customarily… more

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

A United States District Court (Western District Oklahoma) addressed in an October 10th Order issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a horizontal… more

FTC’s “Stick With Security” #8: Make Sure Your Service Providers Use Reasonable Security Measures

On September 15, 2017, the FTC released its eighth “Stick with Security” principle, which offers advice that individuals and organizations should consider when hiring others to process sensitive data. A few tips for making sure those… more

Are You Doing Enough to Protect Your Company's Secrets?

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is interesting, though… more

Consumer Purchases at Distributor Not Subject to Territorial Limitations

Following the passage of Act 166 of 2016, Distributor licensees were limited to selling beer to retail licensees located within the assigned territory of the Importing Distributor licensee that sold it the products. This was due to the… more

FDA Approves Companion Dx for PD-1 Inhibitor

According to the American Cancer Society (“ACS”), lung cancer (both small cell and non-small cell) is the second most common cancer in both men and women (not counting skin cancer). About 14% of all new cancers are lung cancers and 85… more

Estate Planning for Empty Nesters

Your youngest child is finally off to college. The spare bedroom is now a cozy den. The weekly grocery bill has been cut in half. Even the dog is enjoying the peace and quiet. What to do with your newfound freedom? Before you pack up… more

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This type of… more

Bellevue’s Downtown Livability Initiative

Nearly five years after the Bellevue City Council commenced the Downtown Livability Initiative, the Council brought the initiative full circle by unanimously adopting a substantially revised, 190-page downtown land use code. During the… more

Smaller Employers in California Required to Provide Job-Protected Unpaid Parental Leave Starting January 1, 2018

Governor Jerry Brown has signed the New Parent Leave Act, which will become effective January 1, 2018 and requires California employers with 20 to 49 employees within 75 miles to provide up to 12-weeks of job-protected unpaid parental… more

Drafting Maryland Liability Releases

The drafting of liability releases has always been complicated and recent legal developments in Maryland have made such drafting even more complicated. Some non-exhaustive things to think about when drafting liability releases… more

How to Make a Main Motion [Infographic]

We’ve talked before about how to make a motion and what happens to a motion after a member makes it. For all you visual learners, here’s an infographic that illustrates these parliamentary procedure concepts..… more

Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses

Developers in North Carolina must obtain numerous permits from various governmental agencies prior to constructing a planned community or developing condominiums. Most construction permits end by their terms upon completion of… more

Happy Birthday!: Clean Water Act Turns 45 Today

The Clean Water Act was enacted in 1972. As a result, it turns 45 today. President Richard Nixon is credited with the creation of the United States Environmental Protection Agency and signing of the National Environmental Policy Act… more

Building a Health App? Part 5: Contracting for Health App Construction

As you take your health app from innovative idea to reality, you will be engaging in a development project that will likely entail the procurement of technology, services and perhaps even content from third parties. For example, you… more

PTAB Declines Request to Review Method of Treating Lymphoma Claim

A Patent Trial and Appeal Board (PTAB) panel declined to institute an inter partes review (IPR) of a claim directed to a method for treating low grade B-cell non-Hodgkin’s lymphoma. The challenged method required patients to be treated… more

STB Revisits its Ban on Ex Parte Communications in Rulemaking Proceedings

The Surface Transportation Board has taken a significant step in modernizing its regulatory processes by proposing to eliminate its long-standing prohibition on ex parte communications in its informal rulemaking proceedings. In doing… more

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded a July… more

PTAB Makes Precedential Its Multi-Factor Approach To Assessing Follow-On Petitions

Serial IPR or CBM petitions challenging the same patent claims have been a recurring issue for the PTAB. On October 18, 2017, the PTAB designated as precedential a portion of a decision by an expanded panel that addressed this issue in… more

Clean Robotics: Massachusetts Clean Energy Center Accepting Funding Proposals for Innovative Robotics Solutions, Investment and M&A in the Sector Growing

On September 27, the Massachusetts Clean Energy Center (MassCEC) released a Request for Proposals seeking applications to the InnovateMass program, which provides up to $250,000 in grant funding for clean energy and water innovation… more

Two Keys to Effective Law Firm Leadership

If people like you, they’ll listen to you, but if they trust you, they’ll do business with you. - Zig Ziegler - A number of things can cause one to land in a law firm leadership position; such as success in building a legal… more

Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in… more

7 things you might not know about cybersecurity insurance

The number of cyber attacks and data breaches are increasing, and the costs to respond to such incidents are also increasing. This underscores the importance of cyber insurance, a valuable tool that companies can access that will help… more

California Issues New Autonomous Vehicle Regulations

California officials took a major step this week toward allowing companies to test autonomous cars without anyone being at the wheel—or even being present in the vehicle. Under revised regulations governing the testing of autonomous… more

A Summary of the Proposed Partnership Audit Regulations

This blog post is intended to identify the most material aspects of the proposed regulations the IRS has introduced to implement the BBA partnership audit rules, and provide guidance on what actions a partnership should consider taking… more

SEC Proposes Amendments to Modernize and Simplify Disclosure Requirements in Regulation S-K

On October 11, 2017, the Securities and Exchange Commission (the "SEC") proposed technical amendments to modernize and simplify certain public company disclosure requirements in Regulation S-K and related rules and forms (the "Proposed… more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Nashville, Tennessee Hospital Owner Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Hospital Authority of the Metropolitan Government of Nashville and Davidson County (d/b/a Nashville General Hospital [“Metropolitan”]) entered into a September 29th Consent… more

EU Commission Confirms that Privacy Shield Survives its First Annual Review

As was generally expected from informal comments by EU representatives, Privacy Shield has survived its first annual review. Commissioner Jourova stated: “Our first review shows that the Privacy Shield works well, but there is some… more

CAT Upholds Fine for Unlawful Information Exchange at Single Meeting

Case sends “a strong signal to companies about...critical compliance obligations” according to the CMA’s Executive Director of Enforcement. Key Points: - The case marks the first time in the UK that a fine was imposed and upheld… more

Ninth Circuit Requires US to Pay Defense Contractor Cleanup Costs

On October 4, the Ninth Circuit reversed the District Court for the Southern District of California's decision to allocate to a government contractor 100 percent of cleanup costs for hazardous contamination at a manufacturing facility… more

Restructuring and Insolvency Bulletin Issue 2 - 2017: An update on COMI shifting to take advantage of the best insolvency tools to restructure debt and cram down dissenting or hold-out creditors

The EU has taken aim at fraudulent or abusive forum shopping in the Recast Insolvency Regulation, acknowledging the potential for misuse by debtors seeking to take advantage of more flexible insolvency processes available in other… more

Supreme Court to Take Up Rule of Reason Analysis in Two-sided Markets Antitrust Case

On Monday, October 17, the Supreme Court granted certiorari to review the Second Circuit’s decision in Ohio v. American Express, suggesting that the Court may be ready to shed additional light on the “rule of reason” test courts use to… more

[Webinar] Long Term Care Employment Issues That Arise in Medical Malpractice Litigation - November 15th, 12:30pm ET

The long term care industry is highly labor intensive with numerous employment issues that can affect success of malpractice litigation. Join attorneys Nancy Reynolds and Brian Inamine for this complimentary, live one-hour webinar… more

Forget Prince; Minnesota Opens Courts to Hulk Hogans of the World with Revenge Porn Civil Action

Recently, I attended the University of Minnesota’s celebration of “40 Years of Gopher Justice,” an event honoring the institution’s University Student Legal Service (“USLS”), a non-profit organization that provides UMN students with… more

Proposed E&P Unitization Guidelines

Mexico’s Ministry of Energy (Secretaría de Energía) (“SENER”) has sent for notice and comments a proposed draft of the Guidelines establishing the procedure to instruct the unitization of shared reservoirs and approve the terms and… more

Cybersecurity, Data Breaches Continue to Make Headlines

Cybersecurity continues to make headlines in the financial services industry, from the recent announcement that the Securities and Exchange Commission (SEC) was targeted by hackers to final approval of the settlement in a class action… more

The Acquisition and Leveraged Finance Review – US

Acquisition and leveraged finance is a fascinating area for lawyers, both inherently and because of its potential for complexity arising out of the requirements of the acquisition process, cross-border issues, regulation and the like… more

New Jersey Appellate Division Clarifies Rights to Disclosure of School Records Under Public Records Law

In a lengthy, published opinion, the New Jersey Appellate Division recently ruled on four appeals from different trial courts (that had reached conflicting results) about the ability of a nonprofit advocacy organization for disabled… more

BC Healthcare Restructuring Update: R CSR’s O-U-T? Less U.S. Gov’t $$ = More 11s . . . ?

Ok, if your attention span is anything like ours, all this wonky stuff about the ins and outs of the Affordable Care Act (or “ObamaCare,” as most of us know it) causes your eyes to glaze over and makes your mind wander to simpler… more

Pennsylvania Supreme Court Finds Flat-Dollar NOL Cap Unconstitutional, But Upholds Percentage Cap

The Pennsylvania Supreme Court held that the state’s flat $3 million cap on net operating loss (NOL) carryforwards violates the state constitution’s Uniformity Clause. Unlike the lower court, however, the Supreme Court left intact the… more

New NYS Regulations Seek To Reign In Title Insurance Marketing Practices

The New York State Department of Financial Services (DFS) has announced new regulations aimed at reforming various title insurance industry practices, including practices involving title company and agency marketing expenditures and… more

Aqua Products Levels the Playing Field at the PTAB

By giving patent owners a more effective tool for amending claims during an IPR proceeding, the Federal Circuit’s latest en banc decision changes the way stakeholders approach these proceedings. Key Points: - The burden of… more

New Freedom of Information Law in Kentucky

Freedom of information legislation has been an issue that private fund managers have had to deal with for some time. Public pension funds invest a significant amount of capital into private funds and most, as public bodies, are subject… more

Emphatic Win for Pre-Service Removal in Eliquis MDL

Recently, in downsizing our elderly father to a smaller residence and cleaning out his house, we came upon a cassette recording of our too-many-decades-ago Bat Mitzvah. We dug an old boom box out of the basement, listened to our sweet… more

Proposition 65 Legislative Changes Likely “Lack Merit”

On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 1583 into law. It was promoted as a means of reducing frivolous Proposition 65 (Prop 65) lawsuits, but, as discussed below, it is doubtful that it will achieve… more

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