Latest Updates

Senate Confirms Alex Acosta for Secretary of Labor

On April 27, 2017, the United States Senate confirmed the nomination of Rene Alexander "Alex" Acosta as the nation’s 27th U.S. Secretary of Labor by a bipartisan final vote of 60-38. Eight Democrats and one independent joined the… more

Your Daily Dose of Financial News

Now that NAFTA seems to have an at-least-momentary reprieve, let’s take a breath and take a look at the four major industries that would be affected by any big changes in the deal… more

Manufacturers: Avoid this Issue—Register Your Trademarks!

If you are a manufacturer and allow your distributors to use your unregistered trademarks without a contract, the Third Circuit just issued a decision that could help you retain ownership of those marks… more

Finding of Anticipation Must Be Fully Supported by Evidence of Record

Addressing the evidentiary standard for proving anticipation, the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) in two separate cases, finding that the PTAB’s conclusion of anticipation… more

Fifth Circuit: Discretionary Ban Does Not Mandate De Novo Review

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174 (5th Cir. Apr. 21, 2017), the Firth Circuit concluded that Texas’ ban on discretionary clauses in certain insurance policies did not require a de novo review of the… more

Indecent Proposals: Tenants giving notice of intention to appoint administrators

It has long been a bone of contention for landlords that tenants can simply file a notice of intention to appoint administrators in order to get an automatic moratorium against any enforcement action. This prevents a landlord from… more

Fourth Circuit Reverses Preliminary Injunction in Transgender Student Rights Case; Adds its Two Cents

In March of 2017, the Supreme Court of the United States remanded the high profile transgender student rights case, Gloucester County School Board v. G.G. ex rel. Grimm, no 16-273, to the Fourth Circuit Court of Appeals for further… more

New Requirements for BC Joint Health and Safety Committees

If you operate a workplace in British Columbia with 10 or more workers, you may need to make some changes to your workplace health and safety practices… more

Supreme Court Hears Oral Argument in Sandoz v. Amgen -- Patent Dancing and Missing Puzzle Pieces

On April 26, 2017, the Supreme Court heard oral arguments in Sandoz Inc. v. Amgen Inc. Sandoz was represented by Deanne E. Maynard, and Amgen was represented by Seth P. Waxman. In addition, Anthony A. Yang presented the position of… more

Colorado Moves to Dismiss Suits Seeking Judgment That Bank-Originated Loans Facilitated and Serviced by Online Platforms Are Exempt From State Lending Laws

As we noted in a recent Alert, WebBank and Cross River Bank filed separate federal civil actions to enjoin the Administrator of Colorado's Uniform Consumer Credit Code from enforcing state lending laws against Avant, Inc. and Marlette… more

Qakbot: Insight into a Persistent, Polymorphic Malware from the Cyber Defense Team at K2 Intelligence

Qakbot (Qbot) first emerged in 2009 as a piece of malware designed to steal online banking credentials from infected computers. It used classic key-logger technology combined with an ability to steal active session authentication… more

CFPB Spring 2017 Supervisory Highlights focuses on mortgage origination/servicing, student loan servicing deficiencies, service provider exams

The CFPB’s newly-released Spring 2017 edition of Supervisory Highlights covers supervisory activities generally completed between September and December 2016. The report indicates that supervisory resolutions resulted in restitution… more

Manhattan March for Science

The March for Science in Manhattan was smaller than the January 2017 Women’s March in Washington, but large enough that the “entry point” for us was changed from 62nd Street to 64th and then to 68th Street as we moved up Broadway to… more

UK: FCA General Insurance and Protection Sector Views 2017

The FCA has outlined the current trends, risks and its overall assessment of the General Insurance sector in its 2017 Sector Views, published last week… more

Department of Homeland Security ("DHS") Announces New Office for Victims of Illegal Immigrant Crime

DHS Secretary John F. Kelly announced yesterday the official launch of the U.S. Immigration and Customs Enforcement (“ICE”) Victims of Immigration Crime Engagement Office (“VOICE”), designed to assist victims of crimes committed by… more

The SEC’s Long-Awaited Security-Based Swaps Rules May Be Approaching

The SEC has proposed all of its major Title VII rules regulating the security-based swaps market. The authors discuss the current status of this and related rulemakings, the relief the SEC has granted, and the provisions of the rules… more

Defect in Patent Assignment Results in IPR Challenge Effectively Going Unopposed

Old Republic’s IPR petition was effectively unopposed due to a defect in the chain of assignment, which led the PTAB to hold all claims unpatentable without considering arguments or evidence submitted in favor of patentability in Old… more

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA… more

Extensions to the double tax treaty passport scheme

The double tax treaty passport (DTTP) scheme was introduced in 2010 as a mechanism to simplify the process by which non-UK lenders could receive interest payments from UK borrowers without deduction for withholding tax under the terms… more

Pfizer Files for IPR of Two Biogen Patents Directed to Rituximab

In the past few days, Pfizer has filed petitions for IPR of two of Biogen’s patents related to rituximab: IPR2017-01166 on U.S. Patent 8,329,172 and IPR2017-01167 on U.S. Patent 8,577,244. According to the petitions, the patents are… more

Hiring Under-18 Workers This Summer?

If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act… more

Trump Administration Releases Tax Reform Framework

On April 26, 2017, the Trump Administration announced several key tax reform proposals. Broadly resembling the Trump campaign platform, the proposals furnish only a high-level aspirational framework for wide-ranging reforms, the… more

Hoverboard Fire - A Tragedy that Should Not Have Happened

Tragedy recently struck a Harrisburg, Pennsylvania family when a fire caused by a recharging hoverboard consumed their home, killing a 3-year-old girl, injuring several others and almost bringing the structure to the ground. According… more

Global Employee Equity at a glance: United Arab Emirates

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their… more

Effective May 1 Redesigned Green Cards will be Issued

Earlier this month the U.S. Citizenship and Immigration Services USCIS) announced that redesigned Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document(EAD) will begin being issued on May 1… more

FINRA Proposes Broad Range of Amendments to Corporate Financing Rule

On April 12, 2017, the US Financial Industry Regulatory Authority, Inc. (“FINRA”) published proposed amendments to FINRA Rule 5110, which regulates the terms and arrangements of securities underwriting conducted by FINRA member… more

In Case You Missed It - Interesting Items for Corporate Counsel - April 2017

A host of things happened in the last few months regarding Conflict Minerals, although likely not much that will affect what a public company reports on its Form SD, due May 31. (Spoiler alert: The same thing companies have reported in… more

Soundboard Technology Calls Qualify as Robocalls Under TCPA

This past Monday, the United States District Court for the District of Columbia upheld a Federal Trade Commission (“FTC”) interpretation of the Telephone Consumer Protection Act (“TCPA”) which held that marketing calls placed through… more

Sixth Circuit Dismisses ERISA Stock Drop Action Against Cliffs Natural Resources

The Sixth Circuit affirmed the dismissal of ERISA stock drop claims by participants in the Cliffs Natural Resources’ 401(k) Plan. The participants alleged fiduciary breach claims based on public and non-public information arising out… more

Facial Recognition Technology: A How-To Guide

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of known individuals. Organizations may… more

This Week In Securities Litigation

Two former senior executives of Magyar Telecom, controlled by Deutsche Telekom AG, resolved long running FCPA charges with the Commission. The charges stem from the 2011 settlements of the company with the SEC and DOJ tied to… more

Apotex Citizen Petition Seeks to Heighten Regulatory Requirements for Biosimilar Competition

Last week, Apotex filed a Citizen Petition requesting that FDA “take certain actions to ensure a robust approval process” for proposed biosimilars to Amgen’s Neulasta (pegfilgrastim). Among its requests, Apotex asks that FDA require… more

Best Practices Concerning The Fair Housing Act and Sexual Orientation Discrimination

Earlier this month we noted that a federal court in Colorado ruled that the Fair Housing Act (FHA) prohibits discrimination based on sexual orientation (although sexual orientation is not contained in the text of the statute). In that… more

Bermuda Bribery Act: Waiting in the Wings — Implications for the Insurance Industry

The Bribery Act 2016 received Royal Assent on 6 December 2016. When it comes into operation, it will introduce a number of new offences into Bermuda law, including the corporate offence of failure to prevent bribery. Bermuda insurers… more

Allergan, Inc. v. Sandoz, Inc.

Case Name: Allergan, Inc. v. Sandoz, Inc., Nos. 2016-1085, -1160, 2017 U.S. App. LEXIS 4733 (Fed. Cir. Mar. 17, 2017) (Circuit Judges Reyna, Wallach, and Chen presiding; Opinion by Wallach, J.) (Appeal from M.D.N.C., Eagles, J.)… more

Hiatt & Mason Enterprises to Pay $35,000 to Settle EEOC Racial Harassment Lawsuit

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charged - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide other… more

Netflix Commits to Los Angeles. Don’t Expect a Trend.

Netflix handed a pleasant surprise to Hollywood when in announced that it is committing to spend its $6 billion annual budget for original productions in California rather than chasing tax incentives in other states and countries. Ted… more

What to Expect When Buying a Home in Miami

While sellers enjoyed favorable conditions for years, Miami buyers finally have a reason to celebrate. In fact, a recent report placed Miami as the second-best real estate market for buyers… more

Diversity Matters: Note from the Editor - Spring 2017

Every day we celebrate very dynamic women who impact our lives. During March, we highlighted the accomplishments of historical and ceiling-shattering women. Tonya Mitchem Grindon is one such dynamic and ceiling-shattering woman… more

Accidental Franchisor in Hot Water

Safe Step Walk In Tub Co. (“Safe Step”) failed to take the requisite “safe steps” before potentially becoming an accidental franchisor. In Safe Step Walk In Tub Co. v. CKH Industries, Inc., Safe Step filed an action against a licensee… more

China Capital Controls: Best Practices for Accelerating International Payments

Following the depreciation of Chinese currency RMB and the reduction in China’s foreign exchange reserves, foreign companies and individuals in China have met hurdles in moving their money out of China, and overseas companies have… more

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision expands the… more

Special Education Tip - Supreme Court Issues Landmark Decision on the FAPE Standard - 42-2017

We have been eagerly awaiting the decision of the Supreme Court in Endrew F. v. Douglas County School District. On March 22, 2017, in a unanimous decision, the Supreme Court held that to meet its substantive obligation under the IDEA… more

Pooley’s Corner: When Taking Trade Secrets Becomes a Crime

In the recent lawsuit filed against Uber by Waymo for hiring the head of its driverless car project, what would have been a normal discovery dispute over access to a report suddenly became a lot more complicated when the former Waymo… more

ESA Round-Up – April 2017

Despite a slow start to 2017, largely due to the White House Memorandum delaying the effective date of new regulations, the U.S. Fish and Wildlife Service (Service) is picking up steam.  In April 2017, the Service initiated the… more

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s Negligence or Causation To Be Indemnified

Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) - This case arose out of a housing development project, with Amberwood Development Inc. (“Amberwood”)… more

Finding the Perfect Fit: Garment Sizing Technology

Despite the advent of online shopping, many consumers still do not feel comfortable buying clothes online given the risk of receiving clothes that do not fit. This lack of confidence hurts fashion e-retailers, as well as brick and… more

Advertising Litigation Report: Vol. 2, No. 2 - Regulatory

Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take an… more

PowerPoint Slides: Does Your Company's Distribution Strategy Create Legal Risk?

What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel consider when… more

Renewable Alert Letter 28

FIT ID Succession under New Regulations - Amendments to Japan's FIT Act went into force on April 1, 2017. Among the related systems and procedures being overhauled, this Alert Letter focuses on a number of points related to… more

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At Reminger, we embrace our Midwestern roots. We value hard work, a roll-up-your-sleeves approach and get-it-done attitude. It is our belief that this mindset, combined with our relentless pursuit of…

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