Latest Updates

Breaking: Mass. SJC Overhauls SLAPP Statute Practice

The Supreme Judicial Court (SJC) today issued two decisions which together make important changes in how Massachusetts courts apply the often troublesome SLAPP statute, M.G.L. c. 231, § 59H, enacted in 1994. While of general… more

Federal Circuit Rules that Starr International Lacks Standing to Pursue Class Claims Stemming from the U.S. Government’s Acquisition of AIG Equity

On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the Government’s… more

Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses

E-commerce businesses have changed the relationship between consumers and retailers through the advent of expedited and low-cost home delivery services. Now, many consumers anticipate both free shipping with their purchase, and to… more

CMS Issues Proposed Payment Rules for Skilled Nursing Facilities

In a recently announced proposed rule (CMS-1679-P), CMS proposes to increase aggregate pay by $390 million in fiscal year (FY) 2018 for skilled nursing facilities (SNFs). In a separate notice (CMS-1686-ANPRM), CMS is soliciting… more

An Attorney Acting ‘With A Pure Heart And An Empty Head’ Is Sanctioned For Spoliating Emails

According to the Complaint filed in Michael Distefano and Nicole Distefano v Law Offices of Barbara H. Katsos, PC and Barbara H. Katsos, Michael DiStefano and a non-party were owners of a limited liability company that was the… more

New Jersey to Enact Fantasy Sports Law?

The New Jersey State Assembly has moved the State one step closer to enacting a fantasy sports law, passing a bill to impose regulations governing fantasy sports contests and their operators within the State… more

The Joint Tax Return

IRS data indicates that over 95% of married couples file jointly – and for most, but not all, couples this makes good economic sense. In this two-part series, we will discuss the advantages and disadvantages of filing joint and… more

DOT’s DBE Program Helps Promote Growth

The U.S. Department of Transportation (“DOT”) Disadvantaged Business Enterprise (“DBE”) Program provides opportunities for small businesses, owned and controlled by socially and economically disadvantaged individuals, Tribes and Alaska… more

Manatt on Health Reform: Weekly Highlights - May 2017 #4

The President's budget proposes over $600 billion in Medicaid cuts on top of major reductions anticipated in repeal and replace legislation; the Trump Administration asks the Court for more time to decide on cost-sharing reduction… more

IoT Deals Continue to Bolster Tech M&A Market

Dealmakers who responded to a recent Morrison & Foerster survey predicted that the market for M&A transactions in the technology sector will be even more robust in 2017 than it was in 2015 and 2016—years in which acquirers announced… more

Fast Buses May Bring Major Development Opportunities to Richmond

Beginning in October 2017, the City of Richmond’s Bus Rapid Transit (BRT) System, known as the PULSE, will operate through the center of Broad and East Main streets. The PULSE Corridor will run from Willow Lawn to Orleans Street, near… more

OSHA Delays Electronic Recordkeeping Compliance Date

Last week, the Occupational Safety and Health Administration announced that it intends to delay for an unknown period of time the initial compliance deadline for electronic submission of injury and illness recordkeeping forms… more

New Wave of Lehman Litigation Appears to Be Imminent

Thousands of mortgage lenders across the country either recently received, or will soon be receiving, this document from Lehman Brothers Holdings, Inc. (LBHI). It is a notice of a motion to approve a proposed settlement of Residential… more

WannaCry Also Encrypted Hospital Medical Devices

The fall-out from WannaCry continues, particularly in the healthcare sector. There are new reports that WannaCry affected at least two hospital systems in the U.S. and encrypted medical devices (power injector systems) in the… more

Testing the Limits II – Cyber Coverage Litigation Keeps on Rolling

As cyber risks continue to evolve, resulting insurance claims continue to implicate a variety of types of policies. Although many claims are addressed without lawsuits being filed, some are not. And while not all coverage actions… more

Bill Permitting “Comp Time” in Lieu of Overtime Heads to Senate

A Republican proposal to allow private employers to offer employees compensatory time off in lieu of paying overtime at time–and–a–half their regular rate has been approved by the U.S. House of Representatives and next moves to the… more

Clarity on Doctrine of Equivalents Analysis for Chemical Claims

Mylan Institutional LLC v. Aurobindo Pharma Ltd, No. 2017-1645 (Fed. Cir. May 19, 2017) - On May 19, 2017, the Federal Circuit addressed and modified a rare grant of a preliminary injunction based on the doctrine of equivalents… more

Supreme Court Holds That U.S. Corporations “Reside” Only in Their State of Incorporation for Patent Venue Purposes, But Questions Remain

Highlights and Impact: On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held 8 – 0 that a domestic corporation “resides” only in its state of incorporation for the purpose of determining… more

Ninth Circuit Confirms Prior Salary Can Be A Legitimate Factor Other Than Sex Under Federal Law

Relying on salary history to justify differences in employee pay can be a valid defense under the Equal Pay Act, according to a recent decision by the United States Court of Appeals for the Ninth Circuit. Rizo v. Yovino, 2017 U.S… more

President's Budget Proposes Paid Leave, Funding Cuts, and Merger of OFCCP and EEOC

President Trump has released his proposed federal budget, setting out his priorities for the 2018 fiscal year, which begins October 1. As anticipated, the budget represents a marked shift in potential government spending; it proposes… more

Court Finds No Bar On Rescinding Workers’ Compensation Insurance, Even After Filing of Claim

In Southern Ins. Co. v. WCAB (No. B278412, filed 5/10/17), a California appeals court, reversing a workers’ compensation arbitrator’s decision, held that a workers’ compensation policy can be rescinded for material misrepresentations… more

Department of Labor’s New Fiduciary Rule Will Go Into Effect June 9th

The Department of Labor has announced that the new fiduciary conflict of interest rule and related exemptions will begin taking effect on June 9, 2017, ending speculation of further delay. At the same time, the Department announced a… more

A Unanimous U.S. Supreme Court Significantly Restricts Where Patent Infringement Suits May Be Filed

The U.S. Supreme Court on Monday, May 22, 2017, unanimously held that patent infringement lawsuits may be filed against domestic corporations only in the company’s state of incorporation, or where the company has a regular place of… more

EDTX Interprets Federal Circuit Precedent Narrowly, Recommends Applying §315 Estoppel Broadly

In Biscotti Inc. v. Microsoft Corp., Magistrate Judge Payne recommended that estoppel under §315(e) apply broadly against Microsoft in an upcoming patent infringement trial scheduled for early June 2017. No. 2:13-CV-01015-JRG-RSP, Dkt… more

Indiana Legislative Council to Announce Topics for Summer Interim Study Committees

The Indiana Legislative Council will convene Thursday, May 25 at 11:30 a.m. at the Indiana Statehouse, room 431, to announce the topics that will be studied this summer in the interim study committees. Throughout the course of… more

Supreme Court Limits Where Patent Cases Can Be Brought—Can You Move to Your Home Court?

The Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, issued an opinion that may limit the number of patent suits brought in courts perceived to be plaintiff-friendly and may give companies the opportunity to move… more

Trump Executive Order Addresses Executive Branch, Critical Infrastructure Cybersecurity

President Donald J. Trump issued an Executive Order on May 11, 2017 aimed at “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” (the “Order”). The Order mandates federal governmental review of… more

5 Ways Your Digital Content Levels the Geographic Playing Field (That You Should Be Doing Now)

by ON24

All five make a difference and your firm is probably only doing one of these… more

That Won’t Fly: The D.C. Circuit Strikes Down the FAA’s Registration Regime for Recreational Drones

Last week, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down an FAA regulation that required the owners of small Unmanned Aircraft Systems (“UAS”) to register with the agency (the “Registration… more

Honor Our Veterans By Recruiting And Hiring More Of Them

Memorial Day is upon us. While the idea of a three-day weekend, cookout, and pool party can be distracting, I encourage everyone to stop and remember those who have lost their lives in the service of our country. It’s also a perfect… more

U.S. Supreme Court Strikes Down N.C. Congressional Redistricting

The U.S. Supreme Court has taken the extraordinary step of finding that two of North Carolina's congressional districts violate the Equal Protection Clause of the 14th Amendment because they impermissibly utilized race as the… more

European Real Estate Finance: Recent developments

As part of our periodic updates, we will provide you with an overview of recent developments of relevance to participants in the real estate finance market and who may have an interest in the jurisdictions in which we have offices… more

Defamation Suit against Buzzfeed Will Proceed in Miami

On May 22, 2017, the U.S. District Court for the Southern District of Florida denied the motion of Buzzfeed, Inc. (“Buzzfeed”) and its editor-in-chief to transfer to New York a defamation lawsuit involving Buzzfeed’s publication of a… more

New Puerto Rico Labor Department Religious Accommodation Regulations Effective May 25

The Employment Law Reform enacted earlier this year in Puerto Rico introduced a local requirement to accommodate an employee’s observance of religious practices or beliefs. The law directed the Secretary of the Puerto Rico Department… more

Silicon Valley Venture Capital Survey - First Quarter 2017

We analyzed the terms of 191 venture financings closed in the first quarter of 2017 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Venture valuations showed small improvements in 1Q17… more

Chinese Regulators Increase Supervision of Internet News

Several years ago, internet news in China was published almost entirely through internet portals. Today there are many additional news channels, including mobile apps, microblogs, official accounts, etc. In response to this growing… more

State Water Board Adopts Groundwater Extraction Fees For SGMA Intervention - Fee Imposition Will Begin This Summer

The State Water Resources Control Board adopted a new fee schedule that will be applied to groundwater pumpers in basins where compliance with the Sustainable Groundwater Management Act comes up short… more

Reforms Lead to New Opportunities in Saudi Arabia - Transformative changes in Saudi Arabia are opening up new opportunities in several industries

Saudi Arabia has recently adopted new policies aimed at transforming its economy, including plans to sell shares in the state oil company, Saudi Aramco, and to expand its Public Investment Fund (PIF) to diversify its activities to… more

Department of Education Announces Overhaul of Federal Student Loan System

On Friday, Secretary of Education Betsy DeVos announced a plan by the Department of Education to award its entire student loan servicing portfolio to a single company – down from its current roster of nine. The Department of Education… more

Operationalizing Compliance: Part III – Human Resources

This week I am engaging in a week-long series on how a Chief Compliance Officer (CCO) or compliance practitioner might think about operationalizing a compliance program with other corporate functions and disciplines. I am joined in… more

Lavoro agile e riforma lavoro autonomo

In attesa della sua pubblicazione in Gazzetta Ufficiale, forniamo qui di seguito una breve panoramica delle novità introdotte dal disegno di legge (2233-B) denominato "Misure per la tutela del lavoro autonomo non imprenditoriale e… more

Wikitribune and broken news

Wikipedia founder Jimmy Wales completes crowd-funding this week for his latest venture: Wikitribune, a news platform that, while not affiliated with Wikipedia, applies Wikipedia’s collaborative model to journalism. Wales intends to… more

Court Rejects Claim That Arbitrator’s Ruling Was In Manifest Disregard Of The Law

A court has granted a petition to confirm an arbitration award despite the defendant’s argument that the arbitrator acted in manifest disregard of the law. While acknowledging questions regarding the continuing viability of manifest… more

Sanofi v. Lupin Atlantis Holdings SA

Case Name: Sanofi v. Lupin Atlantis Holdings SA, Civ. No. 15-415-RGA, 2017 U.S. Dist. LEXIS 10653 (D. Del. Jan. 26, 2017) (Andrews, J.). Drug Product and U.S. Patent: Multaq® (dronedarone tablets); U.S. Patent No. 9,107,900 (“the… more

Navient Attacks CFPB UDAAP Enforcement Without Implementing Rules

One of the hallmarks of the CFPB’s enforcement actions has been its use of those actions to announce new legal standards. Navient attacks this enforcement strategy in its motion to dismiss a recent case brought against it by the CFPB… more

Key Duty and Tax Changes for Victorian Property Purchasers: Bill Released

Following our alert on 24 March 2017, the State Taxation Acts Amendment Bill 2017 (Vic) (Bill) has now been released and is currently before the Victorian Parliament. K&L Gates has been following the proposed changes to stamp… more

Supreme Court Limits Forum Shopping Options in Patent Litigation

On Monday, May 22, 2017, the U.S. Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, that limits a patentee’s choices of venue in patent infringement litigation. Specifically, the Supreme Court held… more

Pittsburgh To Appeal Block Of City’s Paid Sick Leave Ordinance

The Commonwealth Court of Pennsylvania has affirmed a lower court’s ruling invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance adopted in 2015 requiring all employers of employees within the Pittsburgh city limits to… more

Does Your Workplace Wellness Program Comply With Existing Laws?

The National Business Group on Health’s Eighth Annual Survey on Corporate Health recently revealed the growing prevalence of workplace wellness programs. Many such programs are expanding their aim to not only better the physical health… more

Emails With An Environmental Consultant Are Not Protected by the Attorney-Client Privilege, But May Be Protected Under the Work-Product Doctrine Rules a Federal District Court in Indiana

A federal district court in Indiana recently ruled on whether email communications with environmental contractors hired by an attorney are protected from discovery. In Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

McNees Wallace & Nurick exists to provide professional services of superior value which exceed our clients' expectations. We do this with creativity and integrity — anticipating problems and…

[ About | Legal Updates ]

Watch This

Feedback? Tell us what you think of the new jdsupra.com!