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United States Issues Executive Order, General License Easing Sudan Sanctions

On January 13, 2017, President Obama signed an Executive Order entitled "Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions."…more

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld

The Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the validity of AstraZeneca’s Patent No. 1,292,693. The patent covered AstraZeneca’s successful product, LOSEC, for inhibiting…more

Instructions Induced Prescribing Physicians to Infringe

In Eli Lilly and Company v. Teva Parenteral Medicines, Inc., [2015-2067] (January 12, 2017), the Federal Circuit affirmed judgment of inducement of infringement of U.S. Patent No. 7,772,209, and that the the asserted claims were not…more

Nowa Administracja Prezydenta-Elekta Trumpa, a plany dotyczace korekty „podatku granicznego” (Polish)

Przedsiebiorstwa importujace produkty do USA powinny zwrócic uwage na obecnie toczaca sie w Waszyngtonie dyskusje dotyczaca rozwazanej reformy federalnego systemu podatku dochodowego od osób prawnych i objecia nim tzw. „podatku…more

Mission Accomplished … First Circuit Bankruptcy Appellate Panel Acknowledges Post-Rejection Rights of Licensee of Trademarks

The Bankruptcy Appellate Panel (“BAP”) for the First Circuit recently upheld a licensee’s rights to use a debtor’s trademarks and logo after a rejection by the debtor of the underlying licensing and distribution agreement. Mission…more

UPDATE: SBA Clarifies Profit Percentages for Joint Ventures under the Small Business Mentor-Protégé Program

As previously reported, on July 22, 2016, the Small Business Administration (SBA) issued a final rule establishing a government-wide mentor-protégé program encompassing all small business concerns...…more

Insurers’ Suit Against Government for Affordable Care Act Payments May Proceed; If Successful, Insurers Entitled to Billions from the United States

In a closely watched case, the Court of Federal Claims last week refused to dismiss a health insurer’s putative class action against the Federal government for payments authorized under the Affordable Care Act. The Court’s decision in…more

PBGC Sticks Its Head Out Of The Water And Issues RFI Regarding Hybrid (Two-Pool) Multiemployer Pension Plans

Seyfarth Synopsis: The PBGC is seeking more information on hybrid or two-pool withdrawal liability calculation methods. This is a sign that the PBGC may be re-evaluating its role in approving hybrid proposals, although it may be too…more

Ninth Circuit Again Says Auto Dealers' Service Advisors Are Not FLSA Exempt Employees

Last year in its Encino Motorcars decision, the U.S. Supreme Court rejected the Ninth Circuit Court of Appeals’ reliance on a Department of Labor (DOL) interpretation finding that automobile dealership service advisors do not fall…more

HRSA Announces Final Rule on Civil Monetary Penalties for Drug Manufacturers that Overcharge 340B Covered Entities

A new regulation issued by the Health Resources and Services Administration (“HRSA”) sets forth a process by which civil monetary penalties may be imposed on drug manufacturers that knowingly and intentionally charge 340B covered…more

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark dilution…more

Construction Group News: Your corporate real estate is held by a separate LLC, so it's protected, right? Maybe Not...

Your business real estate may not be safe from a separate, but related, company’s bankruptcy. In a shot across the bow to the Massachusetts construction community, a Massachusetts bankruptcy court has determined that in certain…more

Q&A with Jake Krattiger: State companies could expand on texting ban in Oklahoma

Q: Can a business prevent its employees from using mobile devices like phones, tablets and computers when operating a company vehicle? A: Absolutely. The city of Tulsa recently implemented such a policy. Additionally, the Oklahoma…more

Nueva Administración de Trump Considera un “Impuesto De Ajuste Fronterizo” (Spanish)

Las empresas que importan bienes a los Estados Unidos deben prestar mucha atención a las serias discusiones que se están llevando a cabo actualmente en Washington, DC con respecto a una importante reestructuración fiscal la cual podría…more

Oman's ratification on Combating Bribery of Foreign Public Officials

With the adoption of Sultani Decree 41/2016, the Sultanate of Oman ratified the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the Convention)…more

Financial Conduct Authority Publishes New Consultation Paper on MiFID II

On 16 December 2016, the Financial Conduct Authority (FCA) published its final Consultation Paper on the implementation of the second Markets in Financial Instruments Directive (MiFID II) (CP16/43). This follows three previous…more

Appeals Court Overturns Marblegate, Citing Analysis by Shearman & Sterling Partner

The law on debt restructurings and liability management is back to where it was. Yesterday, the Second Circuit Court of Appeals reversed the controversial District Court decisions in the Marblegate-Education Management bondholder…more

Increasing Ransomware Attacks in Higher Education

Malicious “ransomware” attacks — where a hacker takes control of the victim’s information systems and encrypts data, preventing the owner from accessing it until the victim pays a sum of money — are on the rise against colleges and…more

Plaintiffs Have Come Up Empty on Class Action Slack Fill Litigation But Are Expected to Pick It Up in 2017

Complaints regarding the amount of product contained in a particular package appear to be the new battlefront on which plaintiffs are waging war on a wide range of consumer product manufacturers. The lawsuits are spurred by a set of…more

President-Elect Trump’s First 100 Days

As the United States rings in a New Year, it also welcomes a new president. All eyes are trained on Washington in anticipation of what President-elect Donald Trump will tackle in his first 100 days in office. Trump’s initial success…more

FDA Issued Draft Guidance on Interchangeability

Today, the FDA announced the availability of a draft guidance on biosimilar interchangeability, entitled “Considerations in Demonstrating Interchangeability With a Reference Product,” which is currently available on FDA’s website. The…more

Supreme Court to Consider Biologics Price Competition and Innovation Act

On Friday, Jan. 13, the Supreme Court granted the appellant’s petition and the respondent’s cross-petition for a writ of certiorari in Sandoz Inc. v. Amgen Inc. This is the first time the Court will construe the Biologics Price…more

Connecticut Legislative Session Preview: Is a New State Overtime Rule In Play?

The Connecticut General Assembly is back in session and with significant budget deficits looming, it’s not going to be an easy year for legislators. From a labor and employment law session, once again it will be interesting to see…more

The Trump Infrastructure Plan

There is plenty of uncertainty surrounding what President-elect Donald Trump’s infrastructure plan will be. What is certain is that: 1.) things will move quickly in Washington, D.C. in the coming weeks and 2.) now is the time to help…more

WHD Provides Long-Awaited Garnishment Guidance on the Meaning of “Earnings” Under the CCPA

A rare and interesting thing in the world of federal garnishment law has just occurred: the U.S. Department of Labor’s Wage and Hour Division (WHD) updated its published position concerning the meaning of “earnings” pursuant to the…more

Maine DEP Plans to Tighten Opacity Standards in Response to EPA SIP Call

You think maintaining compliance with opacity standards is a challenge now – just wait. As anyone who has started a campfire knows, opacity (the density of the smoke) tends to be high when starting and ending fuel burning, as well as…more

New EU Guidelines on Data Protection Officers

The EU's Article 29 Working Party has published new Guidelines on the role of Data Protection Officers under the General Data Protection Regulation. Data Protection Officers are seen as a cornerstone of data protection compliance, and…more

Corporate News – January 2017

First director disqualification: UK focus on pursuing individuals as well as companies for breach of competition law - The UK's Competition and Markets Authority has secured its first disqualification of a director of a company…more

Federal Circuit Finds IPR Petitioner Lacks Standing To Appeal

On January 9, 2017, in Phigenix, Inc. v. Immunogen, Inc., the Federal Circuit held that petitioner Phigenix lacked standing to appeal an adverse final written decision in an IPR. While acknowledging that the AIA permits a party without…more

Challenging Weight of the Evidence Methodology

Use of a WOE methodology may be appropriate for government regulation, but it should not establish legal liability. Originally published in In-House Defense Quarterly, a publication of DRI - Winter 2017…more

Repealing-Replacing the Affordable Care Act: Considerations for Employers with Self-Funded Plans ???

Over the last several years we have seen employers, especially those with self-funded health plans, evolve in their approach to wellness programs. Programs have grown from gathering data – e.g., steps on a pedometer, answers to a…more

Class Warfare: Supreme Court Agrees to Hear Cases on Arbitration Class Action Waivers

The NLRB wants to stop class action waivers in employment arbitration agreements, arguing they violate the National Labor Relations Act. This issue has been raging for several years and divided federal courts…more

Will Trump Relax DOJ's Enforcement of Antitrust Laws?

The Obama Administration has made enforcement of the antitrust laws a priority and has aggressively pursued criminal and civil enforcement actions against large corporations for perceived antitrust violations relating to purportedly…more

Employers Must Use the New Form I-9 Starting January 22, 2017

The U.S. Citizenship and Immigration Services (USCIS) rolled out a new Form I-9 in November 2016. Starting January 22, 2017, all employers must use the new Form I-9, which is dated November 14, 2016 (the edition date is on the bottom…more

The Obama Administration Eases Sanctions Against Sudan

On January 13, 2017, the White House, the U.S. Department of Treasury ’s Office of Foreign Assets Control (OFAC) , and the U.S. Department of Commerce ’s Bureau of Industry and Security (BIS) announced a host of policy changes that…more

Federal Circuit Requires Standing To Appeal An IPR Decision

In the case of Phygenix, Inc. v. ImmunoGen, Inc., the Court of Appeals for the Federal Circuit (CAFC) held that the petitioner (Phygenix) that had unsuccessfully challenged certain claims of ImmunoGen’s U.S. Patent No. 8,337,856 (“the…more

EU Proposes Overhaul to Privacy and Electronic Communications

January 10, 2017 marked another important step towards reform of the EU data protection framework, with the release of the EU Commission’s proposals for a new Regulation governing privacy and electronic communications. The draft…more

Proposed Loss of Interest Deduction Would Boost Cost of PE Deals

Where asset acquisitions or deemed asset acquisitions are not available, the loss of the interest deduction would likely result in an increased focus on pure equity-funded transactions. Originally published on the Middle Market…more

[Video]The Insider Trading Cartoon Series, Vol. 13 -- The Barry Switzer Story

Let's take a stroll back to 1981, when football coach Barry Switzer overheard some information that might have become very profitable. Or would it? It's important to remember that in most insider trading cases, there must be an…more

[Video]The Insider Trading Cartoon Series, Vol. 14 -- United States v. Newman (Part 1)

The U.S. Court of Appeals for the Second Circuit shook the insider trading world in 2014 when it issued United States v. Newman, 773 F.3d 438 (2d Cir. 2014). The court addressed the knowledge required for liability of remote tippees…more

West Coast Real Estate Update: January 2017

Proposed Landmark Rules Could Make LA Redevelopment More Difficult - Los Angeles City Council Member Jose Huizar has proposed a new set of rules that could make it more difficult for owners of historic properties in Los Angeles to…more

New Year, Similar Priorities: SEC Announces 2017 OCIE Areas of Focus

On January 12, 2017 the SEC announced its Office of Compliance Inspections and Examinations (OCIE) priorities for the year, including areas of focus for Retail Investors, Senior Investors and Retirement Investments, Market-wide risks…more

Hogan Lovells Global Payments Newsletter l January 2017

Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing…more

A Secured Lender Must Receive Default Interest Under a Chapter 11 Plan Purporting to Cure a Defaulted Loan in the Ninth Circuit

A recent Ninth Circuit decision overturned earlier case law allowing debtors to avoid paying default interest when a defaulted loan was "cured" through a confirmed plan of reorganization. In Pacifica L 51 LLC v. New Investments…more

The U.S. Issues a National Action Plan on Responsible Business Conduct

On December 16, 2016, the United States launched a National Action Plan (the “U.S. NAP”) on Responsible Business Conduct. The U.S. NAP seeks to operationalize the government’s role in encouraging responsible business conduct through a…more

TCPA Connect - January 2017

A California federal court judge issued a pair of rulings resulting in a split decision for Telephone Consumer Protection Act defendant Dick's Sporting Goods. Although the court denied the national retailer's motion to dismiss the…more

New House Provision Provides Additional Staff Deposition Authority without Members of Congress Being Present

On January 3, 2017, in one of the first acts of the US House of Representatives on the first day of the 115th Congress, the House took an action that ought to send a shiver up the spine of any business executive or any other person who…more

Delay to Certain Draft Technical Standards Supplementing the EU Fourth Anti-Money Laundering Directive

The Joint European Supervisory Authorities published an open letter notifying the European Commission that they would be unable to meet the deadline of December 26, 2016 for submitting final draft Regulatory Technical Standards…more

Banking Problems for a Whole Industry

About half of the States have legalized marijuana for either or both medical and recreational use. Despite being legal under various state laws, businesses operating in the marijuana industry continue to encounter federal banking…more

Court Rejects PTAB Decision for Excluding Evidence of Deceased Appraiser

At the end of 2016, the Illinois appellate court reversed and remanded a PTAB decision that excluded one party’s evidence because the appraiser who authored the appraisal died prior to the hearing. The case at issue, 1411 North State…more

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Melissa Dewey Brumback is a partner at Ragsdale Liggett PLLC, where she practices in the litigation department, concentrating on complex commercial, business and construction litigation. The bulk of…

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