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What is the Impact of the Financial Choice Act on Small Business? It Depends On Who You Ask.

The House of Representatives passed legislation this month aimed at erasing several key provisions of the 2010 Dodd-Frank Act. The Financial Choice Act (the Act), if enacted, would bring vast changes to the financial regulatory system… more

Federal Circuit PTAB Appeal Statistics – June 2017

Through June 1, 2017, the Federal Circuit decided 210 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 155 (73.81%) cases, and reversed or vacated the PTAB on every issue in 22 (10.48%) cases… more

Calculating Patent Term Adjustment: Part 1

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect patent… more

Supreme Court: Biosimilar Applicants May Provide Commercial Marketing Notice Before FDA Approval

On June 12, 2017, the U.S. Supreme Court decided two important questions under the Biologics Price Competition and Innovation Act ("BPCIA"), which provides an abbreviated pathway for the approval of generic biologics: (i) the BPCIA's… more

Calculating Patent Term Adjustment: Part 1

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect patent… more

Is Congress Finally Getting Serious About Curtailing Design Patents in the Auto Industry?

In recent years, OEMs have been growing their design patent portfolios at a rapid pace. Specifically, OEMs have been securing patent protection on replacement parts, including bumpers, fascias, light fixtures, mirrors, hoods, and… more

Seeing the Wood for the Trees: Certainty Maintained in Appeals of Arbitral Awards

On June 22, 2017, in Teal Cedar Products Ltd. v. British Columbia (Teal), the Supreme Court of Canada (SCC) further clarified the scope of appealable questions of law arising from an arbitral award, and addressed the standard of review… more

New Transgender Identity and Expression Regulations (July 1, 2017)

In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations regarding transgender identity and expression in the workplace. The regulations become effective July 1, 2017… more

A Better Privilege Mouse Trap

In eDiscovery, document review accounts for 70 or more cents of every eDiscovery dollar spent. With data volumes soaring, legal teams need better techniques to control these costs. The twin tasks of reducing the number of documents and… more

Healthcare & Life Sciences Private Equity Deal Tracker: GTCR Acquires GreatCall

GTCR has announced it will acquire GreatCall. GTCR, founded in 1980 and based in Chicago, is a PE firm that invests in a number of sectors, including healthcare. Since its inception, GTCR has invested more than $12 billion in over… more

Is Your Firm Filled With Open-Minded People?

Pedantic is defined as “narrowly, stodgily, and often ostentatiously learned a pedantic insistence that we follow the rules exactly” and “unimaginative, dull.” You’ll see in a minute why I began with this definition. I read an… more

Oklahomans To Vote On Medical Cannabis

I know that the last thing anyone wants to discuss is the 2018 election, still more than a year away. So I promise – this post will not discuss any candidates, or the President. A ballot measure was recently approved to be placed on… more

NJ Court: State Can Condemn Easements For Beach Repair

The New Jersey Appellate Division has held that the government can condemn easements for beach projects. In that case, the DEP sought voluntary easements from the landowners as part of a dune-and-berm system spanning the entire 18-mile… more

House Proposes Broader Application of “VA Rule of Two” to Close Kingdomware Loophole

On June 6, 2017, a bipartisan pair of lawmakers introduced a bill in the U.S. House of Representatives, H.R. 2781, known as the Ensuring Veteran Enterprise Participation in Strategic Sourcing Act (“Bill”), which, if passed, would have… more

Florida Medical Marijuana Licensure Update

After no bill was passed during the 2017 regular session, the Florida Legislature passed Senate Bill 8A in a special session and provided for the issuance of 10 new “Medical Marijuana Treatment Center” (MMTC) licenses to cultivate… more

President Trump Revises U.S. Policy on Cuba

On June 16, 2017, President Trump announced revisions to U.S. policy toward engagement with Cuba and a limited rollback of certain sanctions relief provided by the Obama Administration… more

Recast Insolvency Regulation

The Recast Insolvency Regulation (Regulation 2015/848) (“Recast Regulation”) will apply to all member states of the EU (with the exception of Denmark) in relation to insolvency proceedings opened on or after 26 June 2017. The Recast… more

Preparing for a Consulate Interview and Border Crossing: New Standards in Place Under Trump Administration

The Trump administration has not been reserved in its mission to not only reinforce but to heighten and enhance current immigration regulations. The President has quickly tried to implement measures to increase national security and… more

The Complete Saga of Former U.S. Tax Court Judge Diane L. Kroupa is Now Finally Concluded

As reported in my April 7, 2016, October 3, 2016 and October 27, 2016 blog posts, former U.S. Tax Court Judge Diane L. Kroupa and her then husband, Robert E. Fackler, were indicted on charges of tax fraud. Specifically, they were each… more

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. - A California federal jury recently found that a consumer reporting agency (CRA) violated… more

What’s in a name? Alleviating Confusion About Trademarks

“You ask, ‘What’s in a name?’ I answer, ‘Just about everything you do.’” – Morris Mandel - The name of your company is important. It is the proper noun that identifies the company. It is the official name under which the company… more

Consumer Cannot Unilaterally Revoke Contractually Agreed-Upon TCPA Consent

On June 22, 2017, the 2nd U.S. Circuit Court of Appeals found that the Telephone Consumer Protection Act (TCPA) does not permit a consumer to revoke its consent to be called when that consent forms part of a bargained-for exchange. The… more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 5, 2017: France

AMF Priorities in the EMIR Review - The Autorité des Marchés Financiers (the “AMF”, the French financial markets authority) published two position papers on 2 May 2017 relating to the EMIR review..… more

Michigan Telemedicine Prescribing and Controlled Substance Laws

Michigan Governor Rick Snyder, recently signed into law SB 213, clarifying that health professionals in Michigan may prescribe controlled substances via telemedicine without an in-person examination. The law reverses a 2016 telehealth… more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the specification and the… more

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

Plaintiff Ivana Kirola, who suffers from cerebral palsy, sued the City and County of San Francisco, in a class action contending certain public areas, including rights-of-way, pools, parks and other recreation areas, did not meet the… more

This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices

At its meeting in September of 2016, the Judicial Conference of the United States approved a pilot program to test procedures requiring mandatory initial discovery before the commencement of party-directed discovery in civil cases… more

Supreme Court Decides Murr v. Wisconsin, No. 15-214.

On June 23, 2017, the United States Supreme Court decided Murr v. Wisconsin, No. 15-214, holding that, in determining whether a regulatory taking has occurred under the Takings Clause of the Fifth Amendment, courts should apply a… more

Chief Judge Stark Denies Defendants’ Motion For Reargument Of Court’s Order Holding Defendants Liable For Costs Of ANDA Litigation Going Forward Under Certain Conditions

By Memorandum Order entered by The Honorable Leonard P. Stark in UCB, Inc., et al. v. Watson Laboratories, Inc. et al., Civil Action No. 14-1083-LPS-SRF (D.Del., May 19, 2017), the Court denied Defendants’ motion for reargument of its… more

New York State Revises Final Guidance on Health Care Privacy and Data Exchange

Just three weeks after releasing a "final" guidance statement on New York State and federal laws on privacy and data sharing ("Final Guidance"), the New York State Department of Health issued a revised final guidance statement on June… more

California Ruling Requires TransUnion to Pay Record $60M for FCRA Violations; Suit Alleged Consumer Reports Erroneously Linked Consumers to Criminals in OFAC Database

A California jury in federal court ruled on Tuesday, June 20, that TransUnion violated the Fair Credit Reporting Act (FCRA) by erroneously linking certain consumers with similarly named terrorists and criminals in the U.S. Department… more

Is Your Agreement To Arbitrate Valid?

Many franchisors employ arbitration as its preferred method of dispute resolution. Generally, courts view arbitration agreements favorably. An agreement to arbitrate waives the fundamental right to have a court decide the merit of… more

IRS Schools Taxpayers On Duty Of Consistency

Shirley died in October 1997. The estate filed an estate tax return and paid the tax indicated. The IRS subsequently audited Shirley’s estate and issued a notice of deficiency. After Tax Court proceedings, the court issued a stipulated… more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and Fishkill in… more

Cook County Minimum Wage Regulations

Last month, the Cook County Commission on Human Rights issued final interpretive and procedural rules governing the Cook County Minimum Wage Ordinance, which becomes effective July 1, 2017… more

New Details Emerge on Legislative Proposal to Modernize CFIUS Process

As the Trump Administration continues to examine its trade relationship with China, legislators in Congress are looking to modernize the Committee on Foreign Investment in the United States (CFIUS) review process in order to… more

[Video]Employment Law This Week®: Federal Decision on Website Accessibility, Mandatory Class Action Waivers, Sexual Harassment Case Dismissed, Upcoming Employment Laws

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact… more

Canada Launches Global Skills Strategy to Fast-Track Short-Term Entry of High-Skilled Workers

Seyfarth Synopsis: The Canadian government instituted a new, immediately effective Global Skills Strategy to facilitate entry of skilled workers… more

Dear Bankruptcy Asset Purchaser, Got Good Faith?

Section 363 of Title 11 of the United States Code (“Bankruptcy Code”) authorizes trustees (and Chapter 11 debtors-in-possession) to use, sell, or lease property of a debtor’s bankruptcy estate outside of the ordinary course of business… more

U.S. Supreme Court Rules for Immigrant Who Received Bad Advice from Lawyer

On Friday, June 23, 2017, the U.S. Supreme Court ruled in favor of a green card holder who pleaded guilty to a crime based on faulty advice from his attorney. Jae Lee, 48, told the high court that he pleaded guilty to a crime based on… more

Supreme Court Rules “Disparagement Clause” of the Lanham Act Unconstitutional

On June 19, 2017, the Supreme Court ruled that the 70-year-old federal ban on offensive trademarks is unconstitutional. The “disparagement clause” of the Lanham Act prohibits registration of trademarks “which may disparage . . . or… more

Article I, Section 27 Rights Strengthened In Recent PA Supreme Court Decision

In a majority decision issued June 20, 2017, with a complement of new Justices, the Pennsylvania Supreme Court issued a ruling placing further emphasis on the importance of Article I, Section 27 of the PA Constitution. The decision… more

A Patchwork Quilt of Regulations for Self Driving Vehicles – No Way, Says Congress!

Big news! Next week, on June 27th, a Subcommittee of the House Committee on Energy and Commerce will hold a hearing to discuss “Self-Driving Vehicle Legislation.” As reported by Wired, “last week, the Senate published bipartisan… more

Commission Adopts Administrative Order to Implement Electronic Payment of Compensation

At the June 19, 2017 Business Meeting of the Full South Carolina Workers’ Compensation Commission, the Commissioners adopted an administrative Order pending changes to the regulations of the Commission to implement the option of… more

Blog: Introduction to Europe’s General Data Protection Regulation

What is it? The General Data Protection Regulation (GDPR) is a European law that will govern how companies (whether EU-based or not) use personal data. It replaces the existing law on use of personal data and comes into force on 25… more

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary histories… more

Using Demonstratives To Effectively Communicate Complex Business Cases To A Jury

Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow summaries… more

Not for the Taking: In Murr v. Wisconsin, the Supreme Court Rules that Two Lots Be Considered as a Whole

On June 23, 2017, the U.S. Supreme Court held that there was no compensable taking of Petitioners’ property in Murr v. Wisconsin. Petitioners who own two adjacent lots along a waterfront in Wisconsin were not deprived of all… more

EQT/Rice Merger Marks Turning Point For Regional Downstream Opportunities In The Appalachian Basin

EQT’s announcement last week of its acquisition of Rice Energy marks the end of one phase and the beginning of another in the epic U.S. shale revolution. Marcellus 1.0, as I like to refer to it, was mainly about rapidly amassing scale… more

REMINDER – Chicago Minimum Wage Increases Again And Cook County Minimum Wage Begins Starting July 1st 2017

On July 1, 2017, Chicago’s Minimum Wage increases to $11.00 per hour for non-tipped employees and $6.10 for tipped employees (Chicago Municipal Code §1-24). Cook County’s new minimum wage is $10.00 per hour for non-tipped and $4.95 for… more

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