Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

Don't "Be Like Mike": The Importance of Registering Your Trademark in China

For companies that manufacture or sell their products in China, it is critical to register your trademarks with the Chinese trademark office as soon as practical. Unlike the United States, China is a first-to-file jurisdiction. This…more

CFPB Files Lawsuit Against Largest U.S. Student Loan Servicer Over Deceptive Practices

On January 18, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it had filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania against a servicer of private and federal student loans…more

MSHA Publishes the New Workplace Examination Final Rule

On January 23, the Mine Safety and Health Administration (MSHA) will publish in the Federal Register a Final Rule on Examinations of Working Places in Metal and Nonmetal Mines, amending 30 C.F.R. § 56.18002 (Surface) and § 57.18002…more

EPA Publishes New TSCA Framework Rules

The revised Toxic Substances Control Act (TSCA) was enacted in June 2016. TSCA requires the U.S. Environmental Protection Agency (EPA) to finalize several “framework” rules by June 2017. Recently, EPA published three of these proposed…more

Is There a Doctor in the House?

Healthcare Options Following the Small Business Healthcare Relief Act and the Eventual Repeal of Obamacare - Overview - The presidential inauguration has come and gone. The House and Senate are already clearing the way for…more

Trump Administration issues regulatory freeze; application to CFPB uncertain

On Inauguration Day, Reince Priebus, Assistant to the President and Chief of Staff, issued a “Memorandum for the Heads of Executive Departments and Agencies” with the subject line “Regulatory Freeze Pending Review” that directs the…more

An Increased Cooperation in Enforcement Activity: The Italian Competition Authority and the Italian Medicines Agency Sign a Memorandum of Understanding

On 19 January 2017, the Italian Competition Authority (AGCM) and the Italian Medicines Agency (AIFA) signed a memorandum of understanding in order to increase enforcement in the pharmaceutical sector by strengthening their…more

Aw, Tartar Sauce! Is the Krusty Krab Restaurant Trademark A CopyBob DittoPants?

With some cases, you just shake your head. In this case, a restaurant purveyor thought it would be okay to open a restaurant by the name of the “Krusty Krab.” For those of you who have no reason to have been watching cartoons for the…more

China: New Measures for Deregulating and Promoting Foreign Direct Investment

On January 12, 2017, the State Council issued the Circular concerning Measures on Expanding the Opening Up and the Active Utilization of Foreign Investment (the Circular). The Circular sets out the government’s policies and outlines…more

Details of Trump’s Regulatory Freeze

Reince Priebus, President Trump’s Chief of Staff, issued a memo ordering an immediate regulatory freeze. The memo was addressed to heads of executive departments and agencies. According to the memo..…more

Supreme Court Agrees to Review NLRB Position on Class Action Arbitration Waivers

Last week, the U.S. Supreme Court accepted review of a case that should decide whether employers can include class and collective action waivers in mandatory arbitration agreements signed with individual employees. Under mandatory…more

Pitfalls Of Judges, Lawyers, And Experts Citing Wikipedia

Our weekly search for new drug/medical device cases for 1/13/17 turned up something unusual – not of particular substantive significance, but unusual. Two of the opinions included citations to Wikipedia. Wikipedia? You mean the…more

A New Year, A New Form I-9

On November 14, 2016, the United States Citizenship and Immigration Services (“USCIS”) released a new Form I-9 (Rev. 11/14/2016 N) to replace the prior form which expired on March 31, 2016. Beginning January 22, 2017, employers must…more

The First ACA Shoe Drops

Only hours into the new administration, steps were taken to eliminate, or at the very least minimize the impact of, the Patient Protections and Affordable Care Act (“ACA”). In his first Executive Order, President Trump affirmed his…more

CMS Releases Final Rule Updating Home Health Agency Conditions of Participation­

CMS issued a final rule, which was published in the Federal Register on January 13, 2017, intended to modernize the home health agency Conditions of Participation (CoPs). The rule, which goes into effect on July 13, 2017, seeks to…more

NIST Releases Update to Cybersecurity Framework

The National Institute of Standards and Technology (NIST) has issued an update to its Framework for Improving Critical Infrastructure Cybersecurity, which includes information relating to managing supply chain risks, measuring…more

California Environmental Law & Policy Update - January 2017 #3

Environmental and Policy Focus - Trump EPA pick: still 'some debate' over human role in climate change - The Guardian - Jan 18 - During a combative Senate confirmation hearing this week, Scott Pruitt, Donald…more

New Administration Orders Freeze of Pending Regulations, Takes Aim at the Affordable Care Act

One of the first acts of the new Administration on Inauguration Day was to issue a memorandum putting the brakes—at least temporarily—on federal regulations that have not yet taken effect, and to release an executive order authorizing…more

DHS Designates Election Infrastructure As “Critical” Amid Cybersecurity Concerns

In a January 6, 2017 statement, Secretary of Homeland Security Jeh Johnson announced that election infrastructure in the United States has been designated “critical” and worthy of the Department of Homeland Security’s (“DHS”)…more

Description of the Small Business Investment Company Program Participation by Unleveraged Funds

A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the United States Small Business Administration (SBA)…more

A Tale of Two Cakes: Can Copyright Law Protect this Cake Design?

Duff Goldman of Charm City Cakes, one of our hometown heroes in Baltimore, a.k.a. the Ace of Cakes, created a striking cake for President Obama’s 2012 inauguration. The cake design caught the eye of the incoming presidential…more

Important Banking Development From California Courts

Courts in California delivered some important banking developments in two recent decisions, with a federal court finding a charge for failing to replenish an overdrawn account constituted interest while the state's highest court dealt…more

FERC electric storage policy statement

U.S. energy regulators have issued a policy statement addressing how electric storage resources may provide services at a mix of cost-based and market-based rates. The Federal Energy Regulatory Commission's January 19, 2017 policy…more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from implementing…more

Health and Welfare Grab Bag of End of Administration Changes

21st Century Cures Act Impacts Employers with 50 or More Employees - Employers with 50 or more employees need to watch developments under the 21st Century Cures Act (“Cures”) because in addition to the establishment of the small…more

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part II

As discussed in a previous article, the U.S. Patent and Trademark Office recently published new subject matter eligibility examples directed to the abstract idea exception to patentability under 35 U.S.C. § 101. These "December 2016…more

Social Links: Will a fan-made Star Trek prequel live long and prosper?; California bans driving while Snapchatting; apps that facilitate infidelity

A federal district court judge refused to grant summary judgment to the copyright owners of the Star Trek franchise in the infringement suit they brought against the team behind a fan-made, crowdfunded prequel to the original Star Trek…more

SC Public Policy Update - January 2017 #2

What's New - SENATE - The Senate spent the week working at the committee level in an effort to move bills to the floor for debate. Members will return to meeting in regular session on Tuesday, January 24th. The Senate…more

Ajit Pai Selected as Next FCC Chairman

On January 20, 2017, Politico Pro reported that President Trump selected Republican Federal Communications Commission (FCC) Commissioner Ajit Pai to serve as the next permanent FCC Chairman. According to the report, Commissioner Pai…more

Congress Amends FSIA to Protect Art and Cultural Exchanges

Introduction - On December 16, 2016, President Obama signed into law the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJICA). The bill, which extends sovereign immunity to foreign states that send works…more

On Your Mark, Get Ready, to Go . . . Somewhere: Congressional Developments January 12-18

On January 13, the House passed the 2017 budget resolution (S. Con. Res. 3), which should be found on President Trump’s desk Monday morning. As previously explained, this sets the stage for a filibuster-proof, budget reconciliation…more

Student Loans: Departments of Treasury and Education Move to Simplify Income Driven Repayment Plans

Much of the regulatory focus for student lending has been directed toward Income Driven Repayment (IDR) plans in recent months. The first student loan related move in 2017 by the Departments of Education and Treasury is no exception…more

Homework for 2017 – Making Sure Your District’s Wellness Policy is Up to Date!

Has your district finished its 2016 homework? Is the date June 30, 2017, circled on your calendar? If not, maybe it should be because June 30, 2017, is the deadline by which all local educational agencies that participate in the…more

Hubs on the horizon: how and when will an Asian LNG hub price signal hit long-term LNG contracts?

Long-term LNG contracts with price review clauses continue to dominate the Asian LNG market. The pricing in those contracts remains predominantly oil-based. The evident reason for that is the absence of a reliable price signal for LNG…more

SPECIAL REPORT: Reservation of Rights

The South Carolina Supreme Court has concluded that: (1) an insurance company’s reservation of rights letter was insufficient and the insured had therefore waived its coverage defenses; (2) even if the reservation of rights had been…more

Understanding National Origin Discrimination – Part 2

Last week, we discussed the definition of national origin discrimination and the requirements imposed on employers by state and federal law. Today’s post provides examples of workplace issues involving workers’ national origin, and…more

Pa.L.C.B. Opinion Allows Brewery Storage Locations to Sell Wine and Spirits and More

With the passage of Act 166 of 2016, which went into effect Tuesday, and Act 39 of 2016, G license holders may now sell beer and cider produced by other Pennsylvania breweries, wine produced by Pennsylvania limited wineries, and…more

Automatic enrollment is growing in 401(k) plans

The Plan Sponsor Council of America’s newest annual report shows that in 2015, 25.5% of small 401(k) plans offer automatic enrollment. In their survey, small plans are considered plans with less than 50 participants…more

Using Hashtag #Disclosures in Social Media Advertising

The Federal Trade Commission (“FTC”) has been cracking down on brands for paying Instagram users to endorse their products or to share brand content without disclosing the relationship. Indeed, the recent settlements entered between…more

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…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

Popular Topics
Reporters on Deadline
Contributor Spotlight

Robinson+Cole is a leading American law firm serving regional, national and global clients from nine offices throughout the Northeast and in Florida. Based in Hartford, Connecticut, the Insurance…

[ About | Legal Updates ]