Latest Updates

Industry Report Calls For National Internet Of Things Strategy

A coalition of the Information Technology Industry Council, the Semiconductor Industry Association, the U.S. Chamber of Commerce Technology Engagement Center, Intel, and Samsung, recently released a report that puts out a call for the… more

Proposition 65: OEHHA Releases Q&A Regarding Proposition 65 Regulations for Clear and Reasonable Warnings

In August 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) released a Questions and Answers for Businesses (Q&A) document related to its August 28, 2016, adopted revisions to its Proposition 65 (Prop 65)… more

October 2017 Update On Changes To U.S. Immigration Policies Under The Trump Administration And Latest Travel Ban News

The Trump administration proposes to make sweeping changes to U.S. immigration policies. On October 8, 2017, the White House issued an Immigration Principles and Policies Statement, which was followed by separate supporting… more

Locke Lord Article: Five Best Practices in Defending a Company in Patent Litigation

1. Unlearn the case from the Complaint; learn it from the Client. The Complaint is the first voice you will hear about the case. Many roads begin there, but that is not the case, not your Client’s case. Your Client’s history begins… more

2018 Benefit Limits

Retirement Plan Limits - The IRS updated very few of the retirement plan limits effective for the plan year that begins on or after January 1, 2018. Social Security Tax and Wage Base - For calendar year 2018, the Social… more

Under Pressure: Form I-9 Compliance Increasingly Important as ICE Quadruples Workplace Enforcement

Acting Director of U.S. Immigration and Customs Enforcement (ICE) Thomas Homan announced during a speech at the Heritage Foundation that he has instructed ICE to increase immigration enforcement at workplaces by four to five times the… more

Florida Increases Its Minimum Wage for 2018

On October 13, 2017, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2018, the minimum wage in the State of Florida will increase from $8.10 per hour to $8.25. This increase is tied to the… more

IRS Announces Year 2018 Retirement Plan Limits

The Internal Revenue Service (“IRS”) announced today, October 19, 2017, the following dollar limits applicable to tax-qualified plans for 2018: - The limit on the maximum amount of elective contributions that a person may make to a… more

CPSC Expands Phthalate Restrictions in Toys and Child Care Articles

This week, the U.S. Consumer Product Safety Commission (CPSC) voted to expand existing phthalate restrictions in children’s toys and child care articles… more

Court Rejects Regulatory Takings and Pre-Condemnation Misconduct Claims Based on Airport Land Use Commission’s Reclassification of Property Within Different Safety Zone

In Dryden Oaks, LLC v. San Diego County Regional Airport Authority, __ Cal.App.5th __ (October 19, 2017), the Fourth District Court of Appeal published a previously unpublished opinion addressing both regulatory takings and… more

After Nearly 5 Years, FCC Lifting Freeze on Mods for Unrepacked Full-Power and Class A TV Stations

The FCC announced late today that the freeze that has been in place since April 2013 which prevents full-power and Class A TV stations from filing applications to expand their coverage areas will be lifted temporarily, likely before… more

Trump To Nominate Competition-Focused Simons for FTC Chair, CP-Focused Chopra for Commissioner; Reports of Philips for Additional Seat

After months of speculation among the consumer protection and antitrust bars, Trump announced today his intention to nominate former Director of the Bureau of Competition and current Paul Weiss partner Joseph Simons as Chairman of the… more

California Governor Signs “New Parent Leave Act”

On October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”). Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond with a… more

Court Has Zero Chill For Use Of “Chell”

The attendance of a multi-day concert/festival in the desert seems to be a right of passage for millennials with events popping up all over the country. However, are you permitted to utilize the goodwill associated with those events to… more

Unique, But Not Unusual: First District Affirms CEQA Exemptions and General Plan Consistency Finding For Three-Unit Infill Condo Project on San Francisco’s Telegraph Hill

While “agree[ing] with appellant that Telegraph Hill is outstanding and unique in a city of outstanding and unique places[,]” the First District Court of Appeal nonetheless affirmed the trial court’s order denying plaintiff/appellant… more

The State AG Report Weekly Update

AG Elections- Republican Frank White Announces Bid for Florida Attorney General- Republican state Representative Frank White announced his candidacy in the open 2018 race for Florida AG. He is also the general counsel and chief… more

CSA Propose Amendments to the Mandatory Derivatives Clearing Rule

On October 12, 2017, the Canadian Securities Administrators (CSA) proposed for comment amendments (Amendments) to National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (NI 94-101), in order to refine the… more

Stars Group Powers Up With New Video Game-Inspired Poker Game

The gaming industry – like many others – is constantly asking: what’s next? What is the next game or platform or innovation that will attract new players? To bring in new players and fans, many traditional casino operators have shifted… more

Buy Clean California Act: Carbon Emission Limits for State Procurement

California has taken a significant step in aligning its procurement expenditures with its vanguard climate change policy. On October 15, 2017, Governor Jerry Brown signed A.B. 262, the Buy Clean California Act (Chapter 816, Statutes of… more

Allocation of Data Breach Risks and Costs in Vendor Contracts: Negotiate, Negotiate, Negotiate (And Negotiate Again!) Limitations on Liability and Indemnification

“A significant data breach is likely to cost the company materially, and costs could drag on for a number of years,” analyst Shlomo Rosenbaum, commenting on the Equifax breach. Organizations increasingly rely on third-party service… more

Travel Ban 3.0: A No-Go (for now)

Two federal judges have blocked President Trump’s third try at implementing a nationwide travel ban. The first ruling blocking the administration from enforcing the September 24th Presidential Proclamation, which restricts travel… more

Chancery Declines Confidential Treatment to Nonparty’s Claimed Sensitive Business Info

American courts have long recognized that the public enjoys a First Amendment right of access to judicial proceedings and records. While forceful, the right is only presumptive, and the public’s interest in access may be overcome with… more

Third Circuit Affirms Bright-Line FLSA Rule on Short Breaks, and Rejects Employer’s ‘Good-Faith’ Absent Disclosure of Legal Advice

On October 13, 2017, the Court of Appeals for the Third Circuit held that short breaks during the work day of 20 minutes or fewer are compensable as a “bright-line rule” under the Fair Labor Standards Act (“FLSA”). The case, DOL v… more

Allegan’s Restasis Patents Invalidated By A Federal District Court Even After Transfer To Native American Tribe And Sovereign Immunity Claim.

In Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. et al, Case No. 2:15-cv-1455-WCB (EDTX October 16, 2017 Order), a Federal District Court recently invalidated several patents covering Allergan’s dry-eye drug Restasis. The ruling is… more

IRS Withdraws Proposed Code §2704 Regulations On Lapsing Rights And Restrictions

The IRS has withdrawn the controversial proposed regulations under Code §2704 that would have significantly affected the use of discounts in US estate planning. Code §2704 provides that certain “applicable restrictions” on ownership… more

Arrgh! Social Media Post Lands “Pirate Joe’s” in Hot Water

In the highly-publicized case about unauthorized reselling of Trader Joe’s merchandise by renegade Canadian merchant “Pirate Joe’s,” social media provided the powder keg for Trader Joe’s arbitration enforcement demand. The case set… more

Are Warhol Works Meticulously Recreated By British Artist 30 Years After Warhol’s Death Authentic Warhol Paintings?

In recent art world news, British artist Paul Stephenson has recreated some of Andy Warhol’s most celebrated works using the exact same materials and methods as the late artist. This has sparked a lively debate as to what can be done… more

Worth Another Look: The Human Services Code

The first and only “code bill” to reach the Governor’s desk this fiscal year is H.B. 59 (Moul, R-Adams), the Human Services Code bill. Although the Governor has until October 28 to sign the bill into law, he previously stated that he… more

NYS DOH Issues Medical Marijuana Emergency Regulations

On October 5, 2017, the New York State Department of Health (DOH) issued emergency regulations with respect to its medical marijuana program. Specifically, nursing homes, adult care facilities, and certain residential facilities… more

Comments by Deputy Attorney General Rod Rosenstein Suggest Major Changes to Department of Justice Policies May Be Coming

Historically, the U.S. Department of Justice (“DOJ”) often articulated policy decisions by issuing department-wide memos, usually named for their authors. For instance, in 2015, the DOJ announced a policy of holding individuals… more

EPA Publishes SNUR for MWCNTs (Generic)

The U.S. Environmental Protection Agency published on October 19, 2017, a direct final rule promulgating significant new use rules (SNUR) for 29 chemical substances that were the subject of premanufacture notices (PMN). The 29… more

Developments With the Biometric Information Privacy Act

Illinois’ stringent Biometric Information Privacy Act (BIPA) has spawned a slew of recent single-plaintiff and class actions with large potential damages. Increasingly, employers use biometric data for timekeeping, security, safety and… more

[Audio]Hsu Untied interview with James Yoon, Partner at Wilson Sonsini

Today, my guest is James Yoon, a Partner at Wilson Sonsini, who harnesses patent litigation big data about opponents and judicial decisions to more effectively advise clients on litigation risk management and case strategy. By… more

So You Want to Give Your Employee a Bonus?

There are many reasons employers give bonuses to employees. Bonuses are a motivator. They effectively reward past contributions. Bonuses also allow employers to provide additional compensation to the workforce on a one-time basis… more

Recent Developments in Energy Efficiency Evaluation, Measurement, and Verification: American Council for an Energy-Efficient Economy Report References Arkansas

The American Council for an Energy-Efficient Economy (“ACEEE”) has issued an October 2017 report titled: Recent Developments in Energy Efficiency Evaluation, Measurement, and Verification (“Report”)… more

Two Federal Judges Block President Trump’s Newest Travel Ban

On Tuesday, U.S. District Judge Derrick Watson, seated in Honolulu, Hawaii, issued a nationwide injunction against the third and latest version of President Trump’s travel ban. This was followed up on Wednesday morning by U.S. District… more

2017 Security Breaches: Frequency and Severity on the Rise (Updated)

We periodically update this post with recent data breach statistics. Now that we’re into the final quarter of 2017, it’s time to look back at the largest data breaches of 2017. This was originally published in December, 2016. It has… more

A Review of Recent Whistleblower Developments

...On July 25, 2017, the U.S. Securities and Exchange Commission (SEC) announced it was awarding nearly $2.5 million to a government employee who tipped off the SEC to a company’s wrongdoing. Although the SEC does not customarily… more

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

A United States District Court (Western District Oklahoma) addressed in an October 10th Order issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a horizontal… more

FTC’s “Stick With Security” #8: Make Sure Your Service Providers Use Reasonable Security Measures

On September 15, 2017, the FTC released its eighth “Stick with Security” principle, which offers advice that individuals and organizations should consider when hiring others to process sensitive data. A few tips for making sure those… more

Are You Doing Enough to Protect Your Company's Secrets?

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is interesting, though… more

Consumer Purchases at Distributor Not Subject to Territorial Limitations

Following the passage of Act 166 of 2016, Distributor licensees were limited to selling beer to retail licensees located within the assigned territory of the Importing Distributor licensee that sold it the products. This was due to the… more

FDA Approves Companion Dx for PD-1 Inhibitor

According to the American Cancer Society (“ACS”), lung cancer (both small cell and non-small cell) is the second most common cancer in both men and women (not counting skin cancer). About 14% of all new cancers are lung cancers and 85… more

Estate Planning for Empty Nesters

Your youngest child is finally off to college. The spare bedroom is now a cozy den. The weekly grocery bill has been cut in half. Even the dog is enjoying the peace and quiet. What to do with your newfound freedom? Before you pack up… more

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This type of… more

Bellevue’s Downtown Livability Initiative

Nearly five years after the Bellevue City Council commenced the Downtown Livability Initiative, the Council brought the initiative full circle by unanimously adopting a substantially revised, 190-page downtown land use code. During the… more

Smaller Employers in California Required to Provide Job-Protected Unpaid Parental Leave Starting January 1, 2018

Governor Jerry Brown has signed the New Parent Leave Act, which will become effective January 1, 2018 and requires California employers with 20 to 49 employees within 75 miles to provide up to 12-weeks of job-protected unpaid parental… more

Drafting Maryland Liability Releases

The drafting of liability releases has always been complicated and recent legal developments in Maryland have made such drafting even more complicated. Some non-exhaustive things to think about when drafting liability releases… more

How to Make a Main Motion [Infographic]

We’ve talked before about how to make a motion and what happens to a motion after a member makes it. For all you visual learners, here’s an infographic that illustrates these parliamentary procedure concepts..… more

Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses

Developers in North Carolina must obtain numerous permits from various governmental agencies prior to constructing a planned community or developing condominiums. Most construction permits end by their terms upon completion of… more

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Harness Dickey, founded in 1921, specializes in intellectual property law. The firm’s professionals provide counseling, licensing, litigation and prosecution services that range from patents and…

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