Latest Updates

An 8-0 Decision by the U.S. Supremes Court in TC Heartland v. Kraft Foods Limits Venue Shopping in Patent Suits

Today, May 22, 2017, in the TC Heartland v. Kraft Foods opinion written by Justice Clarence Thomas, the U.S. Supreme Court held that the proper venue for a patent infringement lawsuit is (1) the state of incorporation for the… more

Healthcare & Life Sciences Private Equity Deal Tracker: Alpine Investors Portfolio Company Optima Healthcare Solutions Acquires Hospicesoft

Optima Healthcare Solutions has announced it has acquired Hospicesoft. Optima, a portfolio company of Alpine Investors, is a provider of cloud-based software for post-acute care providers based in Palm City, Fla… more

Ninth Circuit Hears Challenge To Trump’s Travel Ban Again

President Donald Trump’s own statements and deference to the Executive regarding travel ban Executive Orders are again the focus of oral arguments before the U.S. Court of Appeals for the Ninth Circuit. On May 15, 2017, in State of… more

Tennessee Is Protecting Grandma with New Legislation

Tennessee is protecting Grandma! Two pieces of legislation were approved this year: the Elder and Vulnerable Adult Protection Act, which is on its way to Gov. Haslam to be signed into law, and the Elderly and Vulnerable Adult Financial… more

Court Denies Motion For Preliminary Injunction Prohibiting The IRS From Enforcing The Micro-Captive Disclosure Requirements In Notice 2016-66

On November 1, 2016, the IRS issued Notice 2016-66 imposing new reporting requirements on micro-captives and their material advisors (see prior post describing the Notice). On March 27, 2017, CIC Services, LLC and Ryan, LLC filed a… more

Supreme Court Decides TC Heartland LLC v. Kraft Foods Group Brands LLC

On May 22, 2017, the U.S. Supreme Court decided TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, holding that, for purposes of the patent venue statute, 28 U.S.C. § 1400(b), a domestic corporation resides only in its state… more

Another Wake Up Call for Transparency

On May 18, the Association of National Advertisers (ANA) released a critical study under a joint initiative led by Ad/Fin in cooperation with the ANA, the Association of Canadian Advertisers (ACA), and Ebiquity. The study investigated… more

Impact of Online Sales Restrictions on EU and German Competition Enforcement

In the course of its E-commerce Sector Inquiry (Sector Inquiry) launched in May 2015, the European Commission gained an insight into the standard business practices engaged in by producers of consumer goods when distributing their… more

California Municipalities Face Difficult Land Use Decisions in Wake of Cannabis Legalization

Following cannabis legalization in California, municipalities are beginning to face difficult decisions related to land use and planning. The challenge in siting industrial and residential uses, often in conflict, is not new for cities… more

Eight Figure Jury Award In California Highlights Risks Of Retaliation Claims

A jury in California awarded $22.4 million in punitive damages to a former sales manager of Cardiovascular Systems, Inc., a medical device company, based on a finding that his employer retaliated against him under both the California… more

American Corporation Seeks To Dismiss Afghan Overtime Claim By Contractors: What Is Going On?

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and… more

Supreme Court Decides Water Splash, Inc. v. Menon

On May 22, 2017, the Supreme Court decided Water Splash, Inc. v. Menon, No. 16-254. The Court held that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague Service… more

Why You Should Create A Will: What's Stopping You?

Having a will is imperative to ensure that your money and belongings are distributed according to your wishes after your death. Wills can distribute property, name an executor and guardians for children, forgive debts and more. If you… more

Hiring Incumbent Staff: GAO Says You Get What You Pay For

When an agency evaluates a proposal for the award of a cost-reimbursement contract or order, an offeror's proposed costs are not dispositive. Regardless of the costs proposed, the government is bound to pay the contractor its actual… more

Businesses Face Conflicting State And Federal Accessibility Requirements

Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA. For instance, businesses operating in New York must use the disability access symbol… more

USA Warriors Ice Hockey Registration Refused – No Consent, No Coexistence

The Trademark Trial and Appeal Board refused to allow registration of a USA Warriors Ice Hockey Program mark for “arranging and conducting ice hockey programs for injured and disabled members and veterans”, finding the mark was too… more

ITC Publishes Determinations On Biodiesel Antidumping, Countervailing Investigation

On May 12, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register its preliminary determinations regarding the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from… more

Litigation Funding and Its Implications for US and UK Insurers

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be brought by… more

[Video]Day 17 of One Month to Better Compliance Through HR-Using HR to Create an Ethical Culture

The Evaluation of Corporate Compliance Programs document makes clear that operationalization of compliance into an organization should be done at multiple levels in a company. Creating an ethical culture is an important step for any… more

[Video]FCPA Compliance Report-Episode 328, Chris McNett on State Street Global Advisors' ESG Institutional Investor Survey

In this episode I visit with Chris McNett, the State Street Global Advisors' Head of Environmental, Social and Governance on SSGA's ESG Institutional Investor Survey. Topics include: 1. What was the reason for the State Street ESG… more

New York City Law Increasing Protections for Freelance Workers Takes Effect

In a previous post we discussed the significant new obligations New York City’s “Freelance Isn’t Free Act” imposes on employers that retain the services of freelance independent contractors. On May 15, these requirements became… more

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will draft a… more

Patent Owner Statements During an IPR Disclaimed Claim Scope

In Aylus Networks, Inc., v. Apple, [2016-1599] (May 11, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. RE 44,412 on systems and methods for implementing digital home networks having a… more

“Lone Star” Joins the Rest of Nation as Texas Passes New Telemedicine Law

On May 12, 2017, the Texas State Legislature passed SB 1107, a law expanding the use of telemedicine in the Lone Star State. The bill is now on its way to Governor Abbot’s desk where he is expected to sign it into law. Specifically, SB… more

Fund Liquidity Risk Management Task Force

Implementing the U.S. Securities and Exchange Commission’s (SEC) fund liquidity risk management rules presents distinct challenges for open-end mutual funds and exchange-traded funds (ETFs), and compliance with the rules will benefit… more

What to do when the government comes calling: A checklist for handling facility inspections

It’s a sunny Friday afternoon and you’re at your desk looking forward to your weekend plans when you get a call from security: Government inspectors are at the front gate and want to perform an inspection of the facility — right now… more

Ambassador Lighthizer Notifies Congress of the Administration’s Intent to Enter into NAFTA Renegotiations

Yesterday morning, the Office of the United States Trade Representative (USTR) formally notified Congress that the administration intends to initiate renegotiations with Mexico and Canada on the North American Free Trade Agreement… more

Less Is More or More Is More? Differing Regulatory Ethos in the United States and United Kingdom Pose Challenges for Financial Institutions

The United States is poised to usher in an era of decreased regulation of financial institutions while the trend in the United Kingdom maintains relatively robust regulation of the financial services sector in line with developments… more

Delaware Chancery Court Holds That Well-Pled Unocal Claim Does Not Automatically Excuse Pre-Suit Demand

On May 15, 2017, Vice Chancellor Sam Glasscock III of the Delaware Chancery Court dismissed a shareholder derivative action asserting that the directors of The Williams Companies, Inc. (“Williams”) breached their duty of loyalty in… more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of website… more

First Circuit Affirms Dismissal Of Putative Securities Class Action, Finding Public Disclosures Precluded Any Finding Of Intent To Mislead Investors

On May 12, 2017, the United States Court of Appeals for the First Circuit affirmed the dismissal of a putative securities class action against biopharmaceutical company Biogen Inc. and three of its officers. In Re: Biogen Inc. Sec… more

Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25, 2017, the… more

United States and Australia: Comparable Food Safety Systems

On April 19, 2017, FDA announced that both the United States and Australia have recognized each other's food safety systems as comparable to each other. This is the third time that the FDA has given this recognition to a country, the… more

Update on US Federal Tax Reform Proposals and Their Effect on the Renewable Energy Industry

While tax reform has been a stated focus of the Trump administration and Congress, details remain elusive. The administration has recently reaffirmed its desire to enact comprehensive corporate and individual tax reform, but so far… more

Top 10 Things Defense Lawyers Need to Know About Lack of Good Faith Claims

By now, every Maryland defense lawyer knows that there is a cause of action that can be leveled against insurers for lack of good faith. Most even know that this cause of action is based on Md. Code Ann., Cts. & Jud. Proc. § 3-1701… more

Corporate and Financial Weekly Digest - Volume XII, Issue 19

BROKER-DEALER - FINRA Requests Comment on Rules Governing Employees’ Outside Business Activities - On May 15, as part of a new review, the Financial Industry Regulatory Authority requested public comment on the effectiveness and… more

State aid schemes to support investments (Romanian)

The Ministry of Public Finance announced that between 12.06.2017 – 23.06.2017 there will be a new session for registering Financing Requests based on the provisions of Government Decision 332/2014 (as subsequently modified by… more

IRS Budget Cuts Continue to Worsen

As I have reported in my previous blog posts, the IRS continues to get hit with severe budget cuts. The result is not pretty: (i) tax collections are on the decline; (ii) the Tax Gap is growing; (iii) taxpayer non-compliance is on the… more

Massachusetts House Passes “Pregnant Workers Fairness Act”

On May 10, 2017, the Massachusetts House, by unanimous vote (150-to-0), passed the Massachusetts Pregnant Workers Fairness Act. If enacted, the Act will expand existing protections for pregnant employees in Massachusetts and require… more

The Inadvertent Settlement Agreement (and How to Avoid it)

The recent case of Jarvis v. BMW of North America, LLC is an important reminder to attorneys to avoid inadvertently reaching a settlement agreement that is unacceptable to the client, or equally problematic, one that is missing… more

How to Protect Your Trademark From Genericide

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully. The US Court of Appeals… more

AAM/Biosimilars Council Comments on FDA Draft Guidance on Interchangeability

The Association for Accessible Medicines (AAM) and the Biosimilars Council, a division of AAM, released comments today on FDA’s Draft Guidance on Considerations in Demonstrating Interchangeability With a Reference Product (“Draft… more

"Be an Intrapreneur" - Inspiration for Legal Marketers from Josh Kubicki's P3 Keynote

Inspiration and takeaways from this year's P3 keynote by Seyfarth's Josh Kubicki… more

New Partnership Audit Rules and How They May Affect Tax-Exempt Partners

Partnership audit rules will affect tax-exempt organizations that are partners in partnerships such as investment funds, operating partnerships, and joint ventures… more

CFTC Proposes to Amend Chief Compliance Officer Duties and Annual Report Requirements

On May 3, 2017, the Commodity Futures Trading Commission (“CFTC”) approved for publication in the Federal Register proposed amendments to its rules regarding the duties of Chief Compliance Officers (“CCOs”) for swap dealers (“SDs”)… more

Trump Administration Announces NAFTA Renegotiation

After months of public pronouncements on the future, including threatened withdrawal from, the North American Free Trade Agreement (NAFTA), the Trump Administration announced on May 18, 2017, its intention to begin negotiations with… more

State aid schemes to support investments

The opening of a new filing session for Financing Requests under G.D. 332/2014 - The Ministry of Public Finance announced that between 12.06.2017 – 23.06.2017 there will be a new session for registering Financing Requests based on… more

FDIC Action Is a Reminder that Bank Partnerships Are Not a Panacea for Non-Banks

On May 11, 2017, the Federal Deposit Insurance Corporation (FDIC) announced that it had reached settlements with Bank of Lake Mills (Bank) and two of its “institution-affiliated parties” (IAPs)—Freedom Stores, Inc. (FSI) and Military… more

Avoid Potential Liability for Violating Laws Related to Email Marketing

Email is an important marketing tool for retailers, who should be aware of federal and state laws regulating its commercial use. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing… more

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