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Trademark Solicitation Scams

Last month the United States Patent and Trademark Office (“the Office”) announced its cooperation in a Department of Justice investigation into a trademark scam perpetrated by two California men that defrauded about 4,446 people of…more

Amgen v. Sandoz: SCOTUS to Solve the Riddle Wrapped in a Mystery Inside an Enigma

Last week, the United States Supreme Court granted certiorari review of the Amgen v. Sandoz decision. Amgen Inc. v. Sandoz Inc., 794 F.3d 1347, 1351 (Fed. Cir. 2015), cert. granted, (U.S. Jan. 13, 2017). In Amgen v. Sandoz, the Federal…more

Obama Administration To Terminate Sudan Sanctions Program

Key Points - - Effective today, a new general license reverses two decades of U.S. policy by authorizing all transactions otherwise prohibited by the Sudanese Sanctions Regulations (SSR), including all transactions with Sudan…more

Oregon PUC Issues Guidance on Energy Storage Program

Actions are underway at the Oregon Public Utility Commission (the “PUC”) to implement HB 2193, Oregon’s energy storage legislation. HB 2193 requires that PacifiCorp and Portland General Electric (“PGE”) submit proposals for energy…more

European Banking Authority Adopts Procedure for Investigating Breach of EU Law by National Regulators

The European Banking Authority published a Decision of the Board of Supervisors of the EBA, dated December 23, 2016, adopting Rules of Procedure for the investigation of a breach of EU law..…more

FDCPA’s “Least Sophisticated Consumer” May Still Have Commonsense

Late December, the Fourth Circuit Court of Appeals (Fourth Circuit), in Lovegrove v. Ocwen Home Loans Srvs., upheld summary judgment in favor of a mortgage servicer against allegations under the Fair Debt Collection Practices Act…more

Don’t Throw Out Your Class-Action Waivers Just Yet

The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements with their employees. This…more

Court Grants Motion Compelling 30(B)(6) Deposition Testimony On Reinsurance From Insurance Company Following Liquidation

In a discovery dispute following the liquidation of Western Insurance Company (“Western”), a Utah federal district court granted a motion to compel a 30(b)(6) deposition testimony regarding Western’s reinsurance agreements. Western…more

Prime Minister confirms that the UK will exit the EU single market

In a speech made this afternoon, Prime Minister Theresa May confirmed that the UK will leave the European Union (EU) and will not seek membership of the single market. Instead, the UK will seek the “greatest possible access” to the…more

The UN Security Council Adopts Diplomatic Relations Sanctions Against North Korea

In the wake of the nuclear test conducted by the Democratic People’s Republic of Korea (DPRK) on 9 September 2016, the Security Council, acting under Chapter VII of the UN Charter, has adopted new measures on 30 November 2016. Among…more

Have You Ever Been a Victim of Road Rage?

Woodland Hills Personal Injury Attorney Barry P. Goldberg hears about Road Rage and accidents resulting from Road Rage all the time. But, what is “Road Rage”? However, from a legal standpoint, the conduct such motorists may be…more

Your Daily Dose of Financial News

Deutsche Bank and the DOJ have put the finishing touches on the deal to resolve the investigation into DB’s role in its sale of toxic RMBS. The bank will fork over $7.2 billion in total, including a $3.1 billion civil penalty and $4.1…more

Florida 4th DCA Reiterates Insurers Negligence Not Enough to Sustain Bad Faith Claim

Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed verdict…more

The Intersection of Bankruptcy, Debt Collection and the Supreme Court

For years the interplay between the Bankruptcy Code and the Fair Debt Collection Practices Act (FDCPA) has vexed creditors and courts alike, leading to a split among the circuits as to whether the Bankruptcy Code preempts the FDCPA…more

Practical Implications of the High-Skilled Workers Regulation

In a previous article, we summarized the key provisions of the U.S. Department of Homeland Security (DHS) regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant…more

SEC – BlackRock Settle Whistleblower Claim

The protection of whistleblowers has been a recurrent theme in recent SEC enforcement actions. The agency has brought a series of actions designed to protect the right of employees to report wrong doing to the Commission unimpeded by…more

OSHA Issues New Beryllium Standards

After more than 40 years of trying, the Occupational Safety and Health Administration (OSHA) has published a rule to reduce its occupational exposure limits for beryllium, a toxic metal used in various industries. Upon effect, the…more

Can Employers Continue Post-Accident Drug and Alcohol Testing?

On January 1, the federal Occupational Safety and Health Administration’s (OSHA) new recordkeeping and reporting rule took effect. The main impact of this rule requires employers to electronically file annual injury and illness…more

The Quarter Ham: California Court of Appeal Affirms Judgment in Unfair Competition and False Advertising Case

You can still get your quarter ham “STARTING AT $23.99” from Honey Baked Ham, Inc. according to the California Court of Appeal in its unpublished decision on November 8, 2016. The Court of Appeal affirmed a trial court’s judgment that…more

Webinar: Secondment - Sending Staff to Europe

Imagine your company has obtained a major contract to provide services globally, in particular in France, Germany, Italy and the UK. Although you may have offices in these countries, you need to temporarily second employees to…more

Federal Circuit to Address En Banc Appeals Based on AIA Time-Bar

Federal Circuit to determine whether PTAB decisions concerning the America Invents Act’s one-year time-bar are appealable - Key Points: ..PTAB determinations regarding the one-year bar are not currently appealable to the…more

HUD Publishes Further Revisions to RAD Notice

In an announcement on January 12th, the U.S. Department of Housing and Urban Development (HUD) published a significant third revision to the Rental Assistance Demonstration (RAD) Notice (PIH 2012-32/ H 2017-03 Rev-3). According to HUD…more

UK to leave EU Single Market!

On 17 January 2017, the UK Prime Minister, Theresa May, gave a historic speech regarding Brexit and the UK’s negotiating position. For the first time since the Brexit vote in June 2016, the UK Government has officially announced…more

Blog: Government Considering Reform To Hold Companies More Accountable For Economic Crime

The Ministry of Justice has announced that it has commenced a consultation with businesses on the introduction of legislation aimed at tackling corporate economic crime and is seeking views on the extent to which reform is required…more

Could the EU Unified Patent Court Start Working in December 2017?

The Preparatory Committee charged with the implementation of the Unified Patent Court (“UPC”) announced on 16 January 2017 that it anticipates that the UPC agreement would come into force in December 2017, at which point it is assumed…more

DEADLINE ALERT: Prudent Property Management Dictates Review of Property Tax Assessments!

The New Jersey Tax Appeal Filing Deadline is April 3rd. In the upcoming weeks property owners will be receiving their annual property tax assessment notices (postcards) from the municipal assessor’s office. Receipt of these…more

ACA Brief: Path to Repeal – ACA Nearing Its Lifetime Limit?

This ACA Brief is the first in a series of installments that will closely track congressional and administrative actions relating to ACA provisions that impact large employer-sponsored plans. On January 12, the U.S. Senate passed…more

FDA Denies AbbVie’s Citizen Petition on Interchangeability

FDA has denied AbbVie’s Citizen Petition on interchangeability. Back in December 2015, AbbVie submitted a Citizen Petition to FDA requesting that the agency take certain actions regarding interchangeability standards for…more

Mind the (Pay) Gap: Retailers May Want to Prep for Pay Equity Inquiries From Investors

In 2016, several technology companies received or responded to proposals from investors that requested shareholder votes regarding whether the companies should be required to prepare reports addressing their policies and goals to…more

EPA Issues Proposed Rule for Prioritizing Existing Chemicals for Risk Review - Proposed Four-Step Process Aims to Incentivize Early Information Submission

The United States Environmental Protection Agency (EPA) has published its proposed rule for the prioritization of existing chemicals for the risk evaluation mandated under the Frank R. Lautenberg Chemical Safety for the 21st Century…more

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes or…more

The Impact of Brexit on UK Staff Working for the EU Institutions

Among the many thorny issues that have arisen in the wake of the UK referendum vote to leave the European Union on 23 June 2016, the question of the potential consequences of a withdrawal from the Union for UK staff working at the EU…more

House Acts to Place Additional Limitations on SEC Rulemaking

With its passage of the SEC Regulatory Accountability Act last week, the U.S. House of Representatives has taken action to place additional constraints on future rulemaking by the Securities and Exchange Commission; however, many of…more

Sustainable Development Update - January 2017 #2

Sustainable Development Focus - Exponential growth in net zero energy buildings predicted for the next two decades - Building Design + Construction - Jan 5 - The global market for products and services related to…more

Second Circuit Rules on TIA Section 316(b); Overturns Marblegate (and Caesars)

Yesterday, in the latest chapter in the ongoing debate over Section 316(b) of the Trust Indenture Act, the Second Circuit reversed the district court’s decision in Marblegate, concluding that the TIA does not prohibit out-of-court…more

Germany’s Financial Regulator Implements New Electronic System Guaranteeing Whistleblowers Absolute Anonymity and Non-traceability

As we reported last summer, Germany’s Financial Supervisory Authority (BaFin) set up a centralized platform for receiving whistleblower complaints of alleged violations of supervisory provisions within the financial…more

What Can the Business Community Expect from a Trump Administration

As Donald Trump’s administration takes shape, the business community stands watch expecting a business-friendly White House. Trump’s promises of fewer regulations and lower taxes have small and large businesses alike feeling a bit like…more

Labor Law 2016: A Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor unions…more

Supreme Court to Decide Legality of Class Action and Collective Action Waivers

On January 13, 2017, the Supreme Court agreed to consider whether employee arbitration agreements containing class/collective action waivers are unlawful and unenforceable. The Court’s decision to consider this issue portends one of…more

Lifting Jurisdictional Immunity of Foreign States Sponsoring Terrorism in the U.S.

On 28 September 2016, the U.S. Congress adopted the ‘Justice Against Sponsors of Terrorism Act’ (JASTA). Even prior to its adoption, the bill was controversial as it lifts the immunity from jurisdiction of foreign States involved in…more

Accessibility Rules Continue to Take Shape Even As FCC Leadership Transitions

With FCC leadership soon shifting as the current administration winds down, there have been several interesting accessibility-related developments. In addition, several important FCC accessibility rule compliance deadlines have…more

FAR’s Signature Requirements Strictly Enforced

Though we live in the electronic age, the pen’s power endures in the government contracts world—at least when it comes to signatures for certified claims. The Armed Services Board of Contract Appeals (“ASBCA”) recently held that it…more

Controlling L. mono in RTE Foods: FDA Publishes Draft Guidance

Quick Bite: The FDA is seeking comment until July 17, 2017, on draft guidance about recommended practices to control Listeria monocytogenes in food facilities. The Details: The Food and Drug Administration (“FDA”) recently…more

Medical Marijuana Comes to Pennsylvania: What to Expect As the Keystone State Rolls Out its New Medical Marijuana Program

A lack of consensus regarding both medical and recreational marijuana has sparked intense debate across the country. Combined with federal law prohibitions, the state-by-state mosaic creates a dynamic legal landscape. Marijuana remains…more

Make Congress Great Again?

During its first week in session, the 115th Congress passed two bills aimed at reining in the executive branch’s powers. If signed into law, these bills could significantly impact employers who have faced myriad rulemakings and…more

Early January Environmental Odds And Ends

“The old order changeth, yielding place to new.” January 2017 has been a very active month, with several important environmental and federal administrative court rulings being issued, and many significant rules being proposed and…more

FDA Advances LDT Dialogue with New Discussion Paper Containing Updated CMS/FDA Oversight Proposal

On January 13, 2017, the Food and Drug Administration (FDA) released a discussion paper concerning an updated proposed framework for oversight of laboratory developed tests (LDTs). According to FDA, the updated proposal is the result…more

Federal Agencies Given New Breach Response and Preparation Guidelines

The White House has made a step toward implementing in federal agencies some breach response best practices currently used in the private sector. On Jan. 3, the White House issued a memorandum (Memo) updating for the first time in…more

Wireless Telecommunications Bureau Releases Draft Framework for Analyzing Zero-Rated and Sponsored Data Programs

On January 11, 2017, the Wireless Telecommunications Bureau (WTB or Bureau) of the Federal Communications Commission (FCC or Commission) issued an informal report—“Policy Review of Mobile Broadband Operators’ Sponsored Data Offerings…more

Supreme Court Will Review NLRB’s Anti-Arbitration D.R. Horton Rule

As we’ve noted in this space before, one of the most persistent efforts to undermine the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion—which held that the Federal Arbitration Act (FAA) generally requires enforcing…more

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