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A Chief Compliance Officer's Guide to Investigations

Tom Fox in conversation with Jonathan Marks, who has laid out a concrete way for CCOs and c-level executives to think through how to plan an investigation, staff it properly and meet the inevitable challenges… more

Massachusetts Employers Face $200 Million Increase in Health Care Costs under MassHealth Amendments

On August 1, Massachusetts Governor Charlie Baker signed into law H. 3822, “An Act Further Regulating Employer Contributions to Health Care” (the “Act”). The purpose of the Act is to shore up the finances of the Commonwealth’s Medicaid… more

AFRICA - A Legal Guide for Business Investment and Expansion: Tunisia

1. What role does the government of Tunisia play in approving and regulating foreign direct investment? The Tunisian government places a priority on attracting foreign direct investment. The Tunisian government encourages… more

Patent Infringement Judgment Against ION Geophysical for its Sales of Seismic Survey Devices Reduced to $26 Million from Original $124 Million Damages Award

Patent Judgments and Awards - On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation (“ION”) to pay WesternGeco L.L.C. (“WesternGeco”) approximately $21… more

Delaware Becomes the First State to Allow Corporations to Maintain Corporate Records Using Blockchain Technology

On August 1, 2017, Delaware became the first state to allow corporations to use blockchain technology to maintain corporate records. This development comes almost a year after Vice Chancellor J. Travis Laster of the Delaware Court of… more

Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares

Unless you’ve been under a rock, the fact that many start-ups have recently found themselves on the wrong side of the litigation or threatened litigation “v.” should not surprise you. In fact, it is often the very things that make… more

Clarity in §101: Half of the Judges Considering the Question Find Plaintiff’s Computer Memory System to be Patentable Subject Matter

In Visual Memory LLC v. NVIDIA Corp., [2016-2254] (August 15, 2017), the Federal Circuit reversed the district court’s determination that Visual Memory’s U.S. Patent No. 5,953,740, on a memory system with programmable operational… more

International Trademark Classes: What is the Nice Agreement?

Filing for a trademark through the United States Patent and Trademark Office (“USPTO”) is probably a mysterious process for most people. There are several types of trademark applications and many different filing bases. Given the… more

U.S. Tax Court Ruling Exempts Gain on Foreign Partner's Sale of a Partnership Interest

On July 13, 2017, the U.S. Tax Court issued a decision in Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner, 149 T.C. No. 3, which could have a significant impact on how non-U.S. investors invest in U.S… more

From the Top In Brief - July/August 2017

In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files a claim in… more

California Employers May Sue For Online Defamation

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review sites such… more

Five Keys to an Effective Law Firm Divorce - Being Smart When the Thrill is Gone

“A discord of personalities” sometimes describes the genesis for marital divorce. It also can be an apt way to explain law firm break-ups when partners decide to go their separate ways. Although law firm break-ups happen regularly, the… more

Who Will Take Care of Your Pet After Your Death?

Have you ever wondered who will take care of your pet after your death? Maryland has a pet trust law allowing owners to set aside funds for their pet’s care and to provide for a care taking system for their pet..… more

Considerations for Developing a Global Patent Term Extension Strategy

Many jurisdictions provide for the extension of the term of the patents that cover a regulated product. Patent term extension (PTE) is particularly important in the bio/pharma industry given that development of an innovative drug can… more

0.44% of NFL Brains

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees… more

House Passes Bill Relaxing Reporting Requirements

The U.S. House of Representatives recently passed the FDA Reauthorization Act of 2017. This bill seeks to change the requirement for companies to report medical device malfunctions to the FDA. Previously, companies had to submit a… more

Saudi Council of Ministers Approves 100% Foreign Ownership of Engineering Consultancies

Currently, Saudi Arabian law permits foreign direct investment in engineering consultancies operating in the private sector only through a professional company licensed by the Ministry of Commerce and Industry ("MOCI"). Professional… more

Third Circuit Holds No Need to Warn Under WARN ACT Unless Circumstances Causing Layoff Are Probable

The Worker Adjustment and Retraining Notification (WARN) Act in the U.S. requires that employers give sixty days’ notice to its employees before effecting a mass layoff. The WARN Act contains exceptions to the notice requirement… more

District Court Finds Hospital’s Joint Venture Not “Per Se” Unlawful

On the eve of trial, and after years of litigation (including an appeal to the Sixth Circuit), all claims by Dayton, Ohio hospital The Medical Center at Elizabeth Place (“MCEP”) against Premier Health Partners (“Premier”) have been… more

Ninth Circuit Rules on Spokeo Remand

On August 15, 2017, the Ninth Circuit ruled that a litigant who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to meet the… more

Sustainable Development Update - August 2017 #3

Sustainable Development Focus - U.S. cities increasingly focused on resilience, but funding challenges persist - Urban Land - Aug 14 - The increased emphasis being placed by cities on embedding resilience into their land… more

Financial Services Weekly News - August 2017 #3

Editor's Note - In This Issue. The Department of Labor (DOL) filed a Notice of Administrative Action seeking to delay the Fiduciary Rule until July 2019; federal banking agencies issued guidance on the capital treatment of centrally… more

SDNY — Passenger Dropping Bag on Another Passenger While Boarding an ‘Accident’ Under Montreal Convention, Creating Strict Liability for Carrier

It is a common scenario on today’s ever more packed flights — dozens of passengers are boarding a commercial flight with large roller bags, hunting for overhead bin space and lifting their bags over the heads of the passengers already… more

Cross Border Transactions - DOMINICAN REPUBLIC—Moratorium on Provisional Concessions for Certain Renewables

Despite the high interest in the country’s energy sector by local and international developers of renewable projects and the government’s commitments and ongoing efforts to diversify the country’s energy matrix, particularly by… more

MiMedx Group, Inc. v. Liventa Bioscience, Inc. (N.D. Ga. 2017)

In the general chaos that has resulted from the Supreme Court's recent forays into trying to delineate the proper standards for patent subject matter eligibility (AMP v. Myriad Genetics, Mayo Collaborative Labs v. Prometheus), there is… more

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer, we’ll… more

Discrimination claims against Bass Pro result in $10.5 million settlement and serve as reminder to other employers

Last month, a federal court in Texas approved a settlement between the U.S. Equal Employment Opportunity Commission and Bass Pro Outdoor World LLC in a lawsuit filed by the EEOC that alleged widespread hiring discrimination and… more

Overtime Update

What happened to the Obama administration’s proposed new rule on employee eligibility for overtime pay? Seven months into the Trump administration, do we know what to expect? Recent events provide some clarity on these questions… more

Corporate Sustainability Efforts on Upswing

Despite the new administration’s efforts to rollback Obama Era environmental regulations, most businesses in the U.S. are maintaining their commitments to sustainability. According to Lucid’s 2017 Sustainability Outlook Report, only 5%… more

Lehman Ruling Sets Stage For Future Subordination Contests

In the case In re Lehman Brothers Holdings Inc., 855 F.3d 459 (2d Cir. 2017), the U.S. Court of Appeals for the Second Circuit affirmed a district court order subordinating the claims of former Lehman Brothers employees for undelivered… more

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory in 1979… more

Cyber Claims in Mexico: A Reactionary Evolution of an Insurance Sector

In the wake of numerous cross-border, well-publicized cyber-attacks, cyber-insurance has quickly become a hot issue. This area has also become a trending topic because of the abrupt and quick need for response in a generally uncharted… more

Legal Operations & the Future of Legal Service - The CLOC of Real Change Keeps Ticking...

It’s too late for your firm to be an "early adopter" of legal operations ... but your firm doesn’t have to be a “late adopter” or a "laggard" either… more

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace… more

Jury Awards $10.4 Million in Damages to Philips for ZOLL’s Infringement of Defibrillator Patents

Patent Judgments and Awards - On August 3, 2017, a Boston jury awarded Philips $10.4 million in damages for ZOLL’s infringement of three patents relating to automated external defibrillators. This represents only a fraction of the… more

UPenn Study Finds that GOP Plan to Cut Immigration Will Lower America’s GDP

A new study from the University of Pennsylvania’s Wharton School shows that the Republican plan to cut immigration in half will reduce the U.S. per capita gross domestic product by .7 percent over the next ten years, and by 2 percent… more

ALJ Essex Retires

ALJ Essex has retired from the ITC after a decade of service. News of his retirement was provided in notices issued this week by Chief ALJ Bullock in investigations previously assigned to ALJ Essex… more

Statutory Duties to consider in Underwriting (including some that deal with animals)

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to persons… more

Check Each Link in the Chain of Title; The Time to Find Out Your Assignor Does Not Exist is Before you Sue

In In re Certain Thermoplastic-Encapsulated Electric Motors, 337-TA-1052, (August 11, 2017), Administrative Judge Dee Lord dismissed Intellectual Ventures II LLC complaint asserting infringement of U.S. Patent Nos. 7,154,200;… more

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion, a recent… more

New Requirements for Planned Developments in Chicago

Yesterday, Mayor Rahm Emanuel issued an executive order requiring all applicants seeking Planned Development (PD) approval to report intended and actual employment of Minority and Women-Owned Business Enterprises (M/WBEs) as part of… more

Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in a… more

DC Circuit — FAA Must Provide Reasoned Basis for Accepting That

Does the ever-decreasing size of airline seating make you fed up? It certainly seems to do so to Judge Millet, who penned this opening paragraph in Flyers Rights Education Fund v. F.A.A., – F.3d – (2017 WL 3202638) (D.C. Cir. 2017)..… more

Don’t Let a Legal Claim Eclipse This Solar Event

On the afternoon of August 21, 2017, the first total eclipse to touch the U.S. mainland since 1979 will cut a “path of totality” through the Carolinas (including Greenville, Columbia, and Charleston). While communities along its path… more

SEC Issues Risk Alert To Improve Cybersecurity Readiness

On August 7, 2017, the U.S. Securities and Exchange Commission (“SEC”) published a risk alert directed to the financial advisory industry, identifying cybersecurity vulnerabilities that could make the industry’s networks porous to… more

Delaware (Re)Proposes Unclaimed Property Reporting and Examination Manual Regulation

On August 1, the Delaware Department of Finance (DOF) published a revised version of its proposed reporting and examination manual regulation addressing audit procedures and method of estimation. See 21 DE Reg 123 (Aug. 1, 2017). The… more

The French Duty of Vigilance Law: What You Need to Know

As previously noted, on February 21, 2017, the French National Assembly adopted a law establishing a “duty of vigilance” for large multinational firms carrying out all or part of their activity in France. In a subsequent… more

[Event] The LatAm Gateway Summit - October 11th, Miami, Fl

The LatAm Gateway Summit will focus on Latin American insurance and reinsurance issues. The economic climate, claims, underwriting, and opportunities unique to Latin America will be explored. Insurers, reinsurers, risk managers… more

2017 Education Legislation Summary

In its 2017 regular session, the General Assembly made a number of changes in the statutes affecting public education in Connecticut. This summary is intended to give you a brief overview of some of the more significant changes that… more

DJI Reports Enhanced Data Privacy for its Drones

We posted last week about the U.S. Army issuing a memorandum banning the use of DJI drones due to security concerns, but now, this week DJI reports that it is developing a new local data mode that stops internet traffic to and from… more

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