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Court Upholds Attorney-Client Privilege In Reinsurance Dispute, Rejecting Assertion Of The Crime-Fraud Exception And Questions Surrounding The Source Of The Privileged Material

The case involves a dispute over Utica Mutual Insurance Company’s claims for reinsurance proceeds from Munich Re. One of Munich Re’s defenses in the litigation asserts that Utica “strategically orchestrated a settlement structure” with…more

Opinions are Critical to Mitigating Patent Damages Post-Halo

Although the Supreme Court’s increased engagement with patent law over the last decade has generally been viewed as positive for parties accused of patent infringement, its recent decision in Halo Electronics, Inc. v. Pulse…more

Supreme Court Limits Overseas Contributory Liability

The U.S. Supreme Court today issued its decision in Life Technologies Corp. v. Promega Corp. In a substantially unanimous (7-0) ruling, the Court held that supplying a single component of a multicomponent invention for manufacture or…more

Supreme Court Decides Life Technologies Corp. v. Promega Corp.

On February 22, 2017, the Supreme Court of the United States decided Life Technologies Corp. v. Promega Corp., No. 14-1538, holding that the supplying of a single component of a multicomponent invention does not qualify as an…more

Bridging the Gap: AMLC Launches Government Relations Initiative to Further Practice Area Understanding between Private and Government Counsel

The scenario is a familiar one to lawyers practicing in maritime and admiralty law – a frantic middle-of-the-night call, a shipboard emergency, and your client looking to you for answers in a high-stakes scenario which could amount to…more

Lessons Gleaned From Recent HIPAA Settlements: An Ounce of Prevention is Worth a Pound of Cure: How Recent OCR Enforcement Impacts Your Transaction Diligence

HIPAA enforcement has been on the rise during the last several years, and the dollar impact of those settlements has continued to grow significantly. The Department of Health and Human Services, Office of Civil Rights (OCR) announced a…more

Cyberattacker Offers Access to Private Data From 60 Universities and Agencies

In February 2017, a private threat intelligence firm alerted more than 60 organizations – institutions of higher education and governmental entities – that their internal databases had been breached by a Russian-speaking cybercriminal…more

Open Source Software….A Quick FAQ

Some complicated topics are easy and some easy topics are complicated. This one is actually both. So let’s just start with some of the fundamentals: What is the difference between “closed” source and “open” source? When we…more

Ninth Circuit to Decide Key TCPA Insurance Issue

The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and officers…more

When it Rains it Floods: California Rainstorms and Flood Insurance

Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has fallen there…more

Belgian Retail Newsletter: FLEMISH REGION: Drastic reform of the Flemish permit landscape

INTRODUCTION - For many years, various Flemish real estate projects (including retail, industrial, etc.) were subject to one or more permits: a building permit for the urban planning aspects, an environmental permit for the…more

ITC Macomb-Orchard Trail Subject of Media Attention

ITC’s filing of numerous condemnation lawsuits was the subject of press coverage by the Macomb Daily and WXYZ Television. I have discussed my representation of a large ownership group being impacted by ITC’s takings that will…more

Time Waits for No-One When a Garnishee Order can be Obtained to Enforce an Adjudicator's Determination

The Supreme Court is often called upon by an aggrieved party to restrain enforcement of an adjudicator's determination whilst that party seeks to have the determination set aside. In an ex tempore decision in Atlas Construction…more

Federal Contractors Notified of Affirmative Action, EEO Compliance Reviews

The Office of Federal Contract Compliance (OFCCP)—the Department of Labor agency charged with enforcing affirmative action and equal employment opportunity requirements imposed on certain federal contractors and subcontractors—has sent…more

Understanding UPMIFA: Delegation of Management and Investment of Endowment Funds

The Uniform Prudent Management of Institutional Funds Act (UPMIFA or the Act) was adopted in 2006 by the National Conference of Commissioners on Uniform State Laws, as the successor to the Uniform Management of Institutional Funds Act…more

You Might Want To Introduce This New App To Your Gig Workers

My colleague Brandy Cody recently published a blog post that described several tools available to gig workers to help them manage their work. As predicted by Cynthia Federico in her blog post a couple of weeks ago, companies are…more

House Agriculture Committee Passes Pesticide Registration Enhancement Act of 2017

On February 14, 2017, in the House of Representatives, Rep. Rodney Davis (R-IL) introduced H.R. 1029, the “Pesticide Registration Enhancement Act of 2017,” which reauthorizes the Pesticide Registration Improvement Act (PRIA). H.R…more

2017 B.C. Budget: Infrastructure Spending to Get 19 Per Cent Boost Year-Over-Year

The Province of British Columbia released its 2017 budget (Budget) on February 21, 2017. Although the Budget mainly focuses on the reduction of Medical Services Plan premiums and increased investment in education and social supports…more

TSCA Reform Implementation Update

Eight months have now passed since President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), Pub. Law 114-182, on June 22, 2016. This historic legislation overhauled the Toxic Substances…more

Blog: 2017 M&A Trends Series: Delaware Confronts M&A Litigation

So far this year, deal parties are approaching M&A with cautious optimism. This series of Cooley M&A blog posts include some brief observations that offer some M&A highlights over the past year and our thoughts for the year to…more

Spanish Ministry of Justice Launches Public Consultation on GDPR

On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before the drafting of a new bill implementing the General Data Protection Regulation (“GDPR”). The press release clarifies that…more

Pre-Employment Background Screening 101 – Mitigate Your Risk

A series of recent class action complaints against employers leads me to write about what employers can do to mitigate risk with respect to their background screening program. I’m talking about pre-employment background checks…more

FCC Issues First Commission-level Consent Decree Order Since Removing Authority from Enforcement Bureau

On February 15, 2017, the Federal Communications Commission (FCC) issued its first Commission-level consent decree since Chairman Pai’s process reform measure, discussed in our earlier blog post, which removed the Enforcement Bureau’s…more

After Changes to Categories One and Two, FCC Grants Waiver for Certain Contracts

On February 8, 2017, the FCC’s Wireline Competition Bureau waived several of its rules with respect funding year 2017. The eligible services list (“ESL”) for FY 2017 contained several changes pertaining to whether a service is…more

Federal Circuit Expands Personal Jurisdiction in Declaratory Judgment Suits

In Xilinx Inc. v. Papst Licensing GmbH & Co. KG, Appeal No. 2015-1919 (Fed. Cir. Feb. 15, 2017), the Federal Circuit applied the usual test for in personam jurisdiction, in an apparently new way, to reverse dismissal of a declaratory…more

European Parliament Publishes Provisional Version of Resolution It Has Adopted on Its 2016 Report on Banking Union

The European Parliament has published a draft of the text of the resolution it has adopted on its annual report on banking union. The Parliament’s resolution is divided into themes, these being resolution, supervision and deposit…more

Trump Wants to “Tweak” NAFTA

After meeting with Prime Minister Justin Trudeau in early February, President Trump said he plans to “tweak” the North American Free Trade Agreement (NAFTA) with Canada. Before this announcement, it was unclear whether the President…more

Swiss-style patent claims can be very valuable in Australia

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on the…more

Philadelphia Beverage Tax - First Payment Was Due February 20, 2017

The Philadelphia Beverage Tax – or the so-called "Soda Tax" - took effect on January 1, 2017. As a result, the City of Philadelphia now imposes a 1.5 cents per ounce tax on the supply of "sweetened beverages." The tax has broad…more

[Video]Your Cyber Minute: The Implications of the GDPR for Cybersecurity

Partner Harriet Pearson and Head of our Privacy and Cybersecurity practice in Europe Eduardo Ustaran discuss the Global Data Protection Regulation and what companies need to know now…more

GOP House Considers Adopting Clean Hands Rule for SEC Whistleblower Program

The Chairman of the House Financial Services Committee, Jeb Hensarling, R-Tex., recently issued a memo outlining a plan to implement sweeping changes to a bill he introduced last year known as the Financial CHOICE Act. Hensarling’s…more

Key Issues for Sellers to Consider When Selling Trade Receivables on Electronic Platforms

Online receivables auction platforms are growing in number and prevalence, spurred by commercial and regulatory developments in the commodities and banking industries. This briefing looks at some of the high-level issues that industry…more

You're Hired: President Trump Introduces Ethics Pledge For His Appointees With Serious Departures from Obama's Ethics Pledge

On January 28, 2017, President Trump signed an executive order that requires all full-time political appointees to sign an ethics pledge (the “Trump ethics pledge”) that “contractually” binds them to certain ethical standards. The…more

Supreme Court Decides Fry v. Napoleon Community Schools

On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497, holding that a plaintiff need not exhaust administrative procedures under the Individuals with Disabilities Education Act…more

The new "right to disconnect" in France

In response to the increasing use of digital tools which blurs the line between professional life and personal life, a new obligation relating to working time has been introduced in France by the law of August 8th, 2016 relating to…more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump is…more

What is New in France: Right for the Employees to Disconnect?

The Law dated August 8, 2016 n°2016-1088 named “Loi Travail” has entered into force from January 1st, 2017 in relation to the “right to disconnect” for employees. Article 55 of the Law on the “right to disconnect” is the result of the…more

President Trump Props Up the ACA: A Summary of the New Administration's ACA Market Stabilization Regulation

On February 15, President Trump and new Department of Health and Human Services (HHS) Secretary Tom Price released their first proposed regulations addressing the Affordable Care Act (ACA). While remaining committed to repealing and…more

New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent a court…more

Who Will Bear the Brunt of a NAFTA Renegotiation?

President Trump's plans to renegotiate the North American Free Trade Agreement (NAFTA) give rise to a number of questions about the future of trade between the United States, Mexico and Canada. While such a move might benefit the…more

Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge

Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an employee…more

Debt Limit Suspension to Expire March 15

Because of a deal struck in Fall 2015 to avoid a debt ceiling showdown during the 2016 election season, the statutory debt limit expiration is suspended through March 15, 2017. If Congress fails to raise the debt limit by then, the…more

Rating Agency Developments

On February 15, 2017, DBRS issued a report entitled North American Single-Asset/Single-Borrower Methodology. On February 15, 2017, DBRS issued a report entitled DBRS Commercial Real Estate Property Analysis Criteria…more

OECD: Italy Should Approve its Proposed Competition Legislation ‘Swiftly’, Including the Reform of the National Merger Filing Thresholds

On 15 February 2017, the Organization for Economic Cooperation and Development (“OECD”) published its economic survey of Italy. Among other things, the 156 page report recommends that Italy passes its proposed competition legislation…more

DHS Memos Outline Enforcement Protocol Behind President Trump's Immigration Executive Orders

This week, the Department of Homeland Security (DHS) released two memos that detail how they will begin to implement President Trump’s recent executive orders on immigration enforcement. These memos, which lay out several policy steps…more

Blog: Recent trends in proxy statements

It just isn’t proxy season without some kind of account of the latest trends in proxy statements, so here’s one from CFO.com. The first data point comes as no surprise: proxies are getting longer, providing more graphics and more…more

Advanced Bioeconomy Leadership Conference March 1-3, 2017, Washington D.C.

The Advanced Bioeconomy Leadership Conference 2017 (ABLC 2017) will be held March 1 - 3, 2017, at the Mayflower Hotel in Washington, D.C. ABLC is the gathering point for top leaders in the Advanced Bioeconomy -- bringing together the…more

Night Note: The 1st 100 Days

The Trump Administration is exploring new strategies to counter currency manipulation in international trade. One approach being discussed is to consider the practice of currency manipulation to be a countervailable…more

Does the Shelton Standard Apply to In-House Lawyers?

Nearly every court protects a litigant's lawyer from depositions or other discovery under what is called the Shelton standard ( Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir. 1986)) or under similarly restrictive doctrines…more

[Video]FCPA Compliance Report-Episode 309-James Koukios

In this episode I visit with Morrison Forrester partner James Koukios on the firm's December newsletter on the Top Ten International Anti-Corruption Developments for December 2016. James and I visit about some of the lesser known…more

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