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Federal Circuit Rules That Not All Petitioners Have Standing to Appeal Adverse IPR ResultsFederal Circuit Rules That Not All Petitioners Have Standing to Appeal Adverse IPR Results

The Federal Circuit recently dismissed an appeal from an inter partes review proceeding where the appellant/petitioner failed to establish that it had constitutional standing to maintain an appeal. Phigenix, Inc. v. Immunogen, Inc.…more

Your Daily Dose of Financial News

JPMorgan and other asset managers are pushing hard for a new type of ETF that “mimics active strategies but keeps its investments secret.” The concept hasn’t yet been embraced by the SEC, though the heavy-hitters looking to change that…more

The Department Of Homeland Security Proposes New Rules Affecting Federal Government Contractors

This week, the Department of Homeland Security (“DHS”) issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by various…more

SEC Brings Enforcement Action for Disclosure Failures During Merger Talks

The SEC announced that Allergan Inc. had agreed to admit securities law violations and pay a $15 million penalty for disclosure failures in the wake of a hostile takeover bid. The SEC’s order finds that Allergan failed to disclose…more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Work Gets Underway at Maine State House - Momentum is building in the Maine Capitol as legislators begin…more

Briseno v. ConAgra Foods – The 9th Circuit’s Rejection of an “Administrative Feasibility” Requirement for Class Certification

On January 3, 2017, the Ninth Circuit issued its ruling in Briseno v. ConAgra Foods, Inc. and held that Rule 23 does not require plaintiffs to establish an “administratively feasible” means of identifying putative class members for…more

News from Second and State

Weekly Wrap - The biggest news in Harrisburg this week was the swearing-in of our newly elected row officers. Josh Shapiro took the oath of office to serve as the state’s new Attorney General and Joe Torsella will serve as State…more

Going After A Hospital For Off-Label Use Of A Device

It seems that we have posted hundreds of times about attempts to impose liability on the manufacturer of a PMA device that a doctor chose to use off-label. Recently, a bunch of those have involved Infuse. Cales v. Baptist Healthcare…more

Same-Sex Spouses Authorized to Recalculate Transfer Tax Treatment of Prior Gifts and Bequests

The IRS recently issued Notice 2017-15 to provide same-sex spouses relief to recalculate the federal estate, gift and generation-skipping transfer (GST) tax treatment of gifts and bequests made before the Defense of Marriage Act (DOMA)…more

Estate Planning – When the Only Certainty is Unpredictability

Donald Trump is now the President, and both chambers of Congress are under Republican control. Thus, we appear to be poised for potentially substantial changes in the estate tax, gift tax, generation-skipping transfer tax, and income…more

The Conservative Case For Chevron Deference

With GOP control of Congress and the White House, conservatives appear to have Chevron deference in their crosshairs. Put simply, I don’t get it. There are at least two good reasons why conservatives should prefer Chevron deference…more

Sustainable Development Update - January 2017 #3

Sustainable Development Focus - More EV charging stations likely in multifamily - Bisnow - Jan 17 - As electric vehicles gain in popularity, more residential communities will have charging stations as one of their…more

FDA Issues Draft Guidance Addressing Communications with Payors

On January 18, the Food and Drug Administration (FDA or the Agency) issued a draft guidance, Drug and Device Manufacturer Communications with Payors, Formulary Committees, and Similar Entities – Questions and Answers. This draft…more

New HSR Filing Thresholds for 2017

On January 19, 2017, the U.S. Federal Trade Commission (FTC), the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended, and its filing requirements, announced the…more

Employers Must Begin Using New I-9 Form by January 22, 2017

Beginning January 22, 2017, employers must use the new I-9 Form dated 11/14/16. This replaces the version of the I-9 Form dated 03/08/13. Failure to use the new Form may result in the assessment of penalties…more

Has The Link Between Business Goodwill And Profits Been Severed?

When property is taken by eminent domain, the owner of a business operated on the property is entitled to compensation for any “business goodwill” lost due to the taking. Usually, “goodwill” translates into a business’s profitability…more

Supreme Court Update: Lightfoot V. Cendant Mortgage Corp. (14-1055)

Greetings, Court Fans! For those of you who spent the last six months (since cert was granted in Lightfoot v. Cendant Mortgage Corp. (No. 14-1055)) just dying to know whether the sue-and-be-sued clause in Fannie Mae's charter…more

Manufacturing Law Predictions for 2017:  Labor and Employment

As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers. Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017…more

FAA Issued Notice Advising Public of RTCA Drone Advisory Committee Second Meeting for Jan 31

The Federal Aviation Administration has issued a notice advising the public of the RTCA Drone Advisory Committee’s second public meeting, which is scheduled to take place on January 31, 2017 in Reno, Nevada. The FAA has announced that…more

FAA Issued Notice Advising Public of RTCA Drone Advisory Committee Second Meeting for Jan 31

The Federal Aviation Administration has issued a notice advising the public of the RTCA Drone Advisory Committee’s second public meeting, which is scheduled to take place on January 31, 2017 in Reno, Nevada. The FAA has announced that…more

FTC Announces New Clayton Act Thresholds for 2017

On January 19, 2017, the Federal Trade Commission, as it is legally required to do, announced the new monetary thresholds for triggering a potential Hart-Scott-Rodino (“HSR”) filing and the amounts which will trigger a prohibition on…more

Federal Trade Commission Announces Adjusted HSR Thresholds for 2017

On January 19, 2017, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have…more

Lien Claimants Ring in New Year With Blizzard of Declarations Under 2017 Legislation

In September 2016, Governor Brown signed SB 1160. This bill is intended to streamline emergency medical services and treatment for accepted industrial injuries. To offset the expected costs of less control over early treatment, SB 1160…more

The Price of PHI – A $2.2 Million USB Drive

A stolen unencrypted USB drive led to a $2.2 million settlement and a Resolution Agreement. The Department of Health and Human Services Office for Civil Rights (OCR) announced on January 18th a settlement with MAPFRE Life Insurance…more

Pay-to-Play Enforcement Sweep Snares Private Equity and Venture Capital

On January 17, 2017, the SEC announced nine settled enforcement actions for violations of the pay-to-pay rule against private equity, venture capital and hedge fund sponsors. The firms involved agreed to pay monetary penalties from…more

[Video]Day 22 of 30 Days to a Better Compliance Program-the Regional Compliance Committee

Earlier I considered the Compliance Oversight Committee. Today, I want to you to consider another compliance committee which could positively impact your compliance regime, the Regional Compliance Committee which is created at the…more

Immigration Law Update: USCIS Publishes Final Rule, New AAO NIW Standard

On November 18, 2016, US Citizenship and Immigration Services (USCIS) published a final rule aimed at improving several aspects of certain employment-based immigrant and nonimmigrant visa programs. This rule codifies longstanding…more

Blog: In Her Final Speech As SEC Chair, White Identifies Current Trends Assailing SEC Independence

Mary Jo White took the occasion of her final speech as SEC Chair, presented to the Economic Club of New York, to discuss how to maintain the role of the SEC as an effective financial regulator and how the SEC can “continue as a strong…more

EU Customs Developments: November-December 2016

EU Customs Policy - Union Customs Code Developments - On 12 December 2016, the EU’s Customs Expert Group held a joint meeting with the Trade Contact Group to discuss proposed amendments to the Union Customs Code (UCC) and the…more

Big Changes for California’s Labor, Employment Laws

Californians are starting to feel the effects of new labor and employment laws passed in 2016 that raise the state’s minimum wage, aim to erase wage gaps, protect immigrant and disabled workers, as well as establish gender-neutral…more

Federal Court Issues Permanent Injunction and Permanently Shuts Down Santa Ysabel’s Desert Rose Bingo

On December 12, 2016, Judge Battaglia of the United States District Court for the Southern District of California issued the Court’s long-awaited ruling on the State of California and Federal Government’s motions for summary judgment…more

Algorithms and bias: What lenders need to know

The algorithms that power fintech may discriminate in ways that can be difficult to anticipate—and financial institutions can be held accountable even when alleged discrimination is clearly unintentional…more

The Race to File H-1B Work Visas on April 1, 2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S. Since April…more

National Airline Flies Past California Peculiarities

Seyfarth Synopsis: A California federal judge has held that an out-of-state employee’s limited presence in California is not enough on its own to require the employer to comply with California wage and hour laws. Oman v. Delta Air…more

Remedies for IP infringement: when additional damages aren’t

Australia’s Designs Act provides courts with a broad discretion as to the relief that may be granted for infringement. The specific heads of relief that are outlined (in a non-limiting way) in s75 of the Act include..…more

New Sheriff In Town As Rolls-Royce Pays Record Penalty For Foreign Bribery And Corruption

On 17 January 2017, the UK Serious Fraud Office (“SFO”),[1] the US Department of Justice (“DOJ”),[2] and the Brazilian Ministério Público Federal (“MPF”) announced an $800 million global settlement with Rolls-Royce plc and Rolls-Royce…more

Transubstantiation of a Machine into an Abstract Idea

In the Catholic Church “transubstantiation” is the belief that the wafer and the wine become the actual body and blood of Christ during the communion ceremony. Recently, the PTAB went into the mystic to transform claims to a…more

Applicable Federal Rates - February 2017

Please see charts for more information…more

Superior Court of Pennsylvania Affirms Rejection of Proposed Data Breach Class of UPMC Workers, Finding Hospital Owed No Duty to Protect Information

Affirming a lower court decision this blog discussed here, the Superior Court of Pennsylvania held January 12 that dismissal of a proposed data breach class action was proper, because the University of Pittsburgh Medical Center lacked…more

Lessons Learned and Compliance Trends from the VW and Takata Scandals (Part III of III)

When unraveling a major corporate scandal, especially multi-year schemes involving senior executives, the blame game or lessons learned approach can easily turn into a fruitless exercise. The VA and Takata scandals are important…more

Four Questions to Ask Before Renewing Your Policy

Most business insurance policies are issued with one-year policy terms, creating a natural opportunity for businesses, their counsel and risk managers to re-evaluate coverage each year at renewal time. Many companies fail to take…more

Investigatory Powers Act 2016: How to Prepare For A Digital Age

The Investigatory Powers Act 2016 (the “Act”) received Royal Assent on 29 November 2016. It comes into force in part in January 2017. Its main provisions include granting powers to ministers to issue warrants for intrusive…more

The Trump Card: What’s In Store for the Workplace in 2017 and Beyond?

On November 3, 2016, the National Labor Relations Board issued a Decision and Order in Trump Ruffin Commercial, LLC, finding that the Trump International Hotel, Las Vegas unlawfully refused to bargain with UNITE HERE International…more

President Trump Has Been Inaugurated. What's Next for Tax Reform?

President Donald J. Trump has just been inaugurated as the 45th President of the United States and his proposals regarding tax reform played a key role throughout his entire presidential campaign. Because Republicans retained control…more

Biosimilars: Supreme Court Grants Certiorari in Amgen v. Sandoz

On Friday, January 13, the Supreme Court granted certiorari in Amgen v. Sandoz (Nos. 15-1039 & 15-1195). The Supreme Court originally deferred its decision on the parties’ certiorari petitions in order to consider the Solicitor…more

Financial Support Directions: issues for banks and lenders

The Pensions Regulator’s power to issue a financial support direction (FSD) could mean that a bank, lender or other corporate investor becomes obliged to provide financial support to a pension scheme to which it has little, if any…more

Mississippi AG Sues Google for Collection of Student Data

Mississippi Attorney General Jim Hood filed a Complaint against Google last week for alleged violations of the state’s Consumer Protection Act for its collection and use of students’ personal information and search history. The suit…more

CMS Finalizes Tighter Rules for New Medicaid Managed Care Pass-Through Payments

CMS has finalized without change its proposed rule to block states from adopting or increasing Medicaid managed care “pass-through” payments to hospitals, nursing facilities, and physicians beyond those in place when pass-through…more

First Circuit Finds that the Allegations in Escobar Satisfy the Supreme Court’s Materiality Requirements

The United States Supreme Court’s landmark decision in Escobar, which we have discussed previously, upheld the use of the implied certification theory where the implied certification of statutory/regulatory compliance is material to…more

Ninth Circuit Rejects Ascertainability as a Requirement for Class Certification Under Rule 23

A potent weapon for defending against class actions is the requirement that class members be “ascertainable.” Circuit courts phrase this requirement differently, but at bottom, it is two-fold: (1) the class must be objectively defined…more

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