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On September 16, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision from the District Court of Minnesota which held the asserted claims of medical patents to be… more

The contracting industry has seen a digital transformation, generating excitement for how contracts are created, managed, and executed. Technology adoption has introduced efficiencies, improved accuracy, and enabled better… more

The Infrastructure Investment and Jobs Act (IIJA), signed into law in November 2021, and the Inflation Reduction Act (IRA), signed into law in August 2022, are both recent landmark climate-related legislation aimed at accelerating the… more

The Israel Securities Authority recently published a draft of a new directive for payment companies and holders of basic initiation licenses or approvals regarding reporting to the Authority. According to the Draft, payment companies… more

The benefits of a Revocable Trust are three-fold. Firstly, assuming that the Revocable Trust is properly funded with all of a person’s assets, a Revocable Trust helps avoid a state’s probate procedure, which can be costly depending on… more

Though there are some similarities between financing an aircraft registered in the U.S. versus financing an aircraft registered abroad, in truth those similarities are vastly outweighed by the differences and complexities associated… more

Court of Appeal of Louisiana, Fourth Circuit - In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her lifetime… more

The Director of the USPTO initiated sua sponte review of a PTAB panel’s decision to impose sanctions based on patentee’s conduct during IPR proceedings.The PTAB cancelled all of patentee’s claims, including those not unpatentable on… more

I have watched enough medical shows over the years, from the awesome St. Elsewhere to the never-ending Grey’s Anatomy, to have heard umpteen times that the Hippocratic Oath includes the admonition that doctors “do no harm.” While… more

We encounter many founders who have based their enterprises in the U.S., but who are not U.S. citizens or permanent residents, or who may have other significant cross-border ties such as close family living outside the U.S. These… more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following… more

On July 1, 2024, California Governor Gavin Newsom signed into law reforms intended to moderate California’s unique and controversial Private Attorneys General Act (“PAGA”). The PAGA amendments are widely seen as a compromise after a… more

On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen’s patent relating to paliperidone palmitate… more

Vascular Solutions LLC v. Medtronic, Inc., Appeal No. 24-1398 (Fed. Cir. Sept. 16, 2024) In our Case of the Week, the Federal Circuit evaluated certain heavily litigated claims directed to guide catheters. The patents all claimed… more

Agritourism is now a vital part of the agricultural economy in North Carolina. More and more farmers are turning to agritourism as a way to diversify and balance their revenue streams… more

On September 13, 2024, in a multidistrict litigation, the United States District Court for the Eastern District of Missouri granted defendants’ motion to dismiss plaintiffs’ class action claim of a conspiracy to artificially inflate… more

Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for their… more

Appellate court ruling widens scope of NY fee-splitting law to include earnouts - The decision overturned a lower court ruling relating to the sale of part of a dental practice in 2015. The plaintiff agreed to sell certain assets… more

In the early morning hours of a random summer Friday in July, IT systems around the globe began to experience widespread crashes. Initial fears of a massive cyber or other malicious attack by a state-sponsored actor or other… more

The Bill of Law No. 7642 (referred to here as the Residential Lease Law) entered into force on 1 August 2024. The Residential Lease Law modifies the residential-leasing regulations in Luxembourg… more

Introduction - On August 22, 2024, the Central District of California found in favor of the defendants after a bench trial on breach of fiduciary duty claims related to the monitoring of recordkeeping expenses and selection of… more

When a company is in financial distress, directors face difficult choices. Should they trade on to try to “trade out” of the company’s financial difficulties or should they file for insolvency? If they act too soon, will creditors… more

On September 17, 2024, Deputy Assistant Attorney General Nicole Argentieri stressed the intense focus placed by the U.S. Department of Justice (DOJ or the Department) on incentivizing companies to maintain healthy corporate compliance… more

Last week, the Environmental Working Group (“EWG”) filed a lawsuit against Tyson Foods in DC Superior Court under the DC Consumer Protection Procedures Act (“CPPA”), accusing the country’s second-largest meat company of falsely… more

In September of 2024, the Congressional Black Caucus (CBC) released a report titled What Good Looks Like: A Corporate Accountability Report on Diversity, Equity, and Inclusion. In this report, CBC provided a scorecard on corporate… more

The Payment Systems Regulator (PSR) has issued its final guidance to support payment service providers (PSPs) in assessing whether an APP scam claim raised by a consumer is not reimbursable under the new Faster Payments Scheme (FPS) or… more

On August 14, 2024, the U.S. Department of Commerce's Bureau of Industry and Security (“BIS”) issued guidance to the U.S. academic community regarding compliance with export controls and to protect U.S. national security. Following… more

Sections 205 and 225 of the Delaware General Corporation Law facilitate prompt determinations of the validity of corporate actions. The former permits the Delaware Court of Chancery to validate defective corporate acts under certain… more

The U.S. Department of Education (ED) has announced a revised deadline for submitting required data under the Financial Value Transparency and Gainful Employment (FVT/GE) rules. The new deadline for institutions to report and review… more

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is extending the submission deadline for 2024 Chemical Data Reporting (CDR) reports from September 30, 2024, to November 22, 2024. The CDR… more

On September 17, the SEC announced charges against 11 institutional investment managers for failing to file the required Forms 13F, which were mandated for entities with discretion over more than $100 million in securities… more

Last week, the Federal Communications Commission (FCC) released a $13 million settlement with AT&T that concluded an investigation into a third-party data breach that exposed AT&T customer data. This is the latest in a series of… more

In three judgements dated September 11, 2024, the German Supreme Court expanded the scope of “implied consent” as a limitation on copyright protection (Cases I ZR 139/23; I ZR 140/23; I ZR 141/23)… more

On September 17, the SEC charged 12 municipal advisors for not maintaining and preserving certain electronic communications, leading to over $1.3 million in civil penalties. The firms admitted to violations under Sections 15B and 21C… more

In this episode of Wiley’s Health Care Contracting Chronicles, hosts Jordan Ross and Brooke DeLoach introduce the complex world of Pharmacy Benefit Managers (PBMs) and their pivotal role in the healthcare industry. They explore the… more

I write a ton of articles as you may know and I will have advisors contacting me and suggesting some topic titles. I have adapted some of these suggestions, but there is one article idea that I had to turn down a few years ago… more

Texas Attorney (“AG”) General Ken Paxton announced a first-for-Texas settlement against a generative AI company using patient data and providing products to healthcare facilities… more

By now, we all know that Generative AI models are trained on massive amounts of data, much of which is collected from the Internet, as well as other sources. And we also know that Gen AI is being used to generate massive amounts… more

South Korea’s Constitutional Court has issued a “first of its kind” decision in Asia, requiring South Korea to update its greenhouse gas reduction targets. On 29 August 2024, South Korea’s Constitutional Court (the Court) ruled… more

The National Association of Insurance Commissioners’ (NAIC) Privacy Protections (H) Working Group (the “Working Group”) has continued its charge to draft a new or revised model law aimed at standardizing privacy protections for the… more

​​​​​​​On September 12, 2024, New York’s highest court dismissed an appeal challenging the constitutionality of the retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”), a law that amended certain New York rules to… more

California’s healthcare ecosystem may soon experience significant regulatory changes as Assembly Bill 3129 (AB 3129) heads to Gov. Gavin Newsom's desk for approval… more

On September 17, the FDIC released an NPRM aimed at strengthening record-keeping requirements for banks’ holding deposits from third-party non-bank companies (i.e., fintechs). The proposed rule seeks to mitigate risks among third-party… more

The International Longshoremen’s Association (“ILA”) will have no contract if the current terms expire on September 30, 2024, without a new deal. ILA representatives have indicated that a strike is imminent on October 1, 2024… more

If you’re in the privacy industry, you know Max Schrems: Renowned privacy rights advocate and the David who took on Facebook’s Goliath to shine a light on the misuse of consumer data. But that’s just one facet of what he does. In this… more

Once again, a Dutch district court has recalled a decision of the Dutch Data Protection Authority (Dutch DPA) for its too strict interpretation that purely commercial interests cannot be legitimate interests under Article 6(1)(f) GDPR… more

On September 14, the Governor of California approved AB 3148 (the “Act”), amending the California Deferred Deposit Transaction Law (CDDTL) to change the formula for determining annual fee licenses as required to pay to the Commissioner… more

Last week, at the SEC’s Investor Advisory Committee meeting, the Committee discussed two topics described as “pain points” for investors: tracing in §11 litigation and shareholder proposals. In the discussion of §11 and tracing issues… more

Tens of thousands of businesses have received letters from the IRS denying their Employee Retention Credit (ERC) claims. The IRS is in the process of sending many more ERC denial letters. Previously, the IRS only allowed 30 days to… more

Last month, the US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims… more

On September 13, the U.S. District Court for the Southern District of Texas ordered to grant the motion to dismiss of one defendant and granting in part and denying in part a second defendant’s motion to dismiss claims of… more

Cooperation agreements are a new tool for distressed debtholders seeking to negotiate from a position of unity and strength. These agreements can also help debtholders defend themselves against a growing opportunistic strategy known as… more

Northlane Capital Partners (NCP) has announced the sale of PAR Excellence Systems to OceanSound Partners… more

On September 13, the CFPB filed a complaint in the U.S. District Court for the Western District of Pennsylvania against a credit card company and its CEO. The CFPB alleged the company engaged in deceptive and abusive practices… more

Disagreement regarding the interpretation of section 365(c) of the Bankruptcy Code has led to divergent rulings among the bankruptcy and federal circuit courts regarding whether a bankruptcy trustee or chapter 11 debtor can assume an… more

The U.S. Environmental Protecting Agency (EPA) is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations to extend the September 30, 2024 submission deadline for 2024 reports to November 22, 2024… more

On September 19, 2024, MedReview, Inc. filed a notice of data breach with the Attorney General of Massachusetts after discovering that confidential information in the company’s possession was subject to unauthorized access. In this… more

Deputy Assistant Attorney General Nicole M. Argentieri’s speech highlighted a critical shift in the DOJ’s approach to evaluating corporate compliance programs. As outlined in the updated 2024 Evaluation of Corporate Compliance Programs… more