Latest Updates

Eyes on Washington: FY 2018 Budget Request

The Trump Administration on May 23, 2017, released a full budget blueprint for FY 2018, titled A New Foundation for American Greatness. The full FY 2018 budget proposal is based on the March 2017 "skinny" budget outline. The budget… more

Is it a bird... is it a plane? CJEU confirms that bird strikes are extraordinary under EC Regulation 261/2004

On 4 May 2017, the Court of Justice of the European Union (CJEU) handed down its judgment in Marcela Pešková, Jirí Peška -v- Travel Service A.S, ruling that bird strikes should be classified as 'extraordinary circumstances' under EC… more

Model Aircraft Registration Rule Shot Down by DC Circuit

Last Friday, in Taylor v. Huerta, the DC Circuit Court of Appeals vacated a rule requiring individuals who fly small (weighing between 0.55 and 55 pounds on takeoff) drones and other model aircraft for hobby or recreational purposes to… more

Outlook 2017 Teleconference: Revisiting the Trump Administration’s Impact on Life Sciences and Health Care—the First 100 Days

On Tuesday, May 2, Ropes & Gray hosted a teleconference, “Outlook 2017 Teleconference: Revisiting the Trump Administration’s Impact on Life Sciences and Health Care – the First 100 Days,” on the potential regulatory and compliance… more

USPTO Proposes Cheaper, Faster Cancellation Option

The U.S. Patent and Trademark Office register contains a lot of dead weight. In order to obtain a trademark registration and maintain the registration, the owner must use the mark in U.S. interstate commerce (as always, with a few… more

Applicability Date for DOL Conflict of Interest Rule is Looming

As you may be aware, the Department of Labor’s (DOL’s) Conflict of Interest rule expands the scope of the definition of “fiduciary” under ERISA and the Code to cover more classes of financial advisers. While the final rule became… more

Preparing for the GDPR

Significant changes to data protection law are due to come into force in just over a year's time on 25 May 2018 in the form of a new EU General Data Protection Regulation (GDPR). The GDPR will impact on the way that pension schemes can… more

Home Court Advantage - Supreme Court Limits Where Patent Lawsuits May be Filed

On May 22, 2017 the U.S. Supreme Court unwound nearly 30 years of patent venue jurisprudence allowing domestic corporations to be sued for patent infringement in any judicial district in which the company does business. In TC Heartland… more

SCOTUS Messed with Texas: Supreme Court Limits Venue in Patent Cases

Yesterday, the U.S. Supreme Court re-defined the scope of venue in patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017). Under the Supreme Court’s ruling, venue in patent cases will now be limited to… more

Minority Shareholder Oppression Damages in New Jersey: More Than Just a Buyout?

As I have said many times in this blog, when minority shareholder oppression occurs, the most likely remedy is a buyout. In other words, courts in New Jersey have the power to compel the majority shareholder to pay “fair value” to an… more

California Judge Troubled By Trulia Refuses To Approve Settlement

Kevin LaCroix recently tackled the question Is Deal Litigation in Delaware Done? According to Kevin, “deal litigation has been shifting from Delaware Chancery Court to courts in other states and to federal courts”. He attributes this… more

Paid Parental Leave One Step Closer To Reality- President’s Proposed Budget Seeks 6 Weeks Of Paid Leave For All Families

The White House released the details of President Trump’s proposed budget today, and if the president has his way, employees will be eligible to receive up to six weeks of paid parental leave by the year 2020. However, employers will… more

TC Heartland LLC v. Kraft Foods Group Brands LLC: Supreme Court Tightens Venue Rules for Patent Cases

In a unanimous 8-0 decision, the Supreme Court ruled on May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC that for purposes of venue in patent-infringement litigation, a U.S. corporation “resides” only in the state… more

Supreme Courts Reaffirms Fourco, and Limits Where Corporations Can Be Sued for Patent Infringement

In TC Heartland LLC v. Kraft Foods Group Brands LLC, [16–341] (May 22, 2017), the Supreme Court reversed the Federal Circuit and held that for purposes of the patent venue statute (28 U.S.C. 1400(b)), a corporation only resides where… more

Amendments to the German Corporate Governance Code for 2017 Published and In Force

On 24 April 2017, the Corporate Governance Committee established by the German Federal Government (Regierungskommission Deutscher Corporate Governance Kodex) officially published various amendments to the German Corporate Governance… more

A Simple Case of Statutory Interpretation: The FAA Lacks Authority to Require Model Aircraft Operators to Register

On Friday, May 19, 2017, a federal appellate court struck down an integral part of the FAA’s attempt to safely monitor and integrate small unmanned aerial systems (“sUAS”) into the national airspace. The D.C. Circuit found that the… more

Class Action Reform and the “Fairness in Class Action Act”

While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform… more

What Rights Will I Lose if I Pitch My Invention to Investors Before I File a Patent Application?

Did you know that the individual often credited with popularizing karaoke did not reap the financial rewards of his invention to the extent possible? It's true—Japanese musician Daisuke Inoue invented karaoke in Kobe, Japan in the… more

Is the 8 and 80 Overtime Exception for Hospitals and Health Care Providers the Right Fit for Your Company?

The Fair Labor Standards Act (FLSA) requires that employers pay most workers at least minimum wage for all hours worked, plus overtime – one and one-half the employee's regular rate of pay – for all hours worked in excess of 40 hours… more

Supreme Court Restricts Patent Venue

In a landmark decision, the Supreme Court unanimously overturned the Federal Circuit’s VE Holding opinion, which had permitted patent defendants to be sued in any forum in which they were subject to personal jurisdiction. Now, patent… more

Virginia Governor McAuliffe signs 11 Bills Promoting Solar and Renewable

On Monday May 8, Virginia Governor Terry McAuliffe signed 11 bipartisan bills (passed by the Virginia General Assembly earlier this year) which promote the use of solar and other renewable energy options and endeavor to reduce energy… more

FCA Deeper Dive: Escobar and Its Aftermath – Part II

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we will take a… more

Solar Industry Import Drama Continues

On April 26, 2017, Suniva, Inc., a U.S. producer of solar cells and modules, filed a petition with the U.S. International Trade Commission (ITC) under Section 201 of the Trade Act of 1974 seeking temporary import relief against… more

Changes to pharmaceutical/biopharmaceutical patent litigation in Canada

As a result of the Comprehensive Economic Trade Agreement with the European Union, significant changes to the patent linkage provisions and patent litigation framework relating to generic and biosimilar drug approval in Canada are on… more

Cybersecurity Lessons from the United States: A Guide for Directors and Officers

The recent global ransomware attack (WannaCry) was yet another reminder of the increased threat posed by cyber breaches. While cybersecurity attacks are inevitable, organizations (and their directors and officers) may still be liable… more

Still Following the Money: FinCEN, Money Laundering, and the Bank Secrecy Act

Late last week, Congressional intelligence committees reportedly received some information from the U.S. Financial Crimes Enforcement Network (FinCEN) related to investigations into Russia’s attack on the 2016 U.S. Presidential… more

Do Recent Events Make You “Wanna Cry”? - Massive ransomware attacks are just another reason to have robust cyber insurance in place

On May 12, a massive ransomware cyber-attack infected over 100,000 computers in more than 150 countries. This malware, a Trojan virus known as “WannaCry,” “WanaCryptor,” or “Wcry,” encrypts files, and then threatens to destroy them… more

Tennessee Adopts “IMPROVE Act” a/k/a “2017 Tax Cut Act”—Takeaways for Tennessee Taxpayers

Tennessee Governor Bill Haslam recently signed into law the “Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy (IMPROVE) Act” or the “2017 Tax Cut Act” (the “Improve Act”)… more

House Hearing Examines EEOC's Regulatory and Enforcement Policies

On Tuesday, May 23, 2017, the House Subcommittee on Workforce Protections held a hearing to discuss the direction of the U.S. Equal Employment Opportunity Commission (EEOC). The witnesses and lawmakers raised several topics related to… more

Litigation Alert: Supreme Court Announces New Limits on Venue in Patent Cases, Blunting Key Troll Tool

For the past 27 years, plaintiffs have been able to bring patent-infringement suits against most corporations almost anywhere in the United States. So-called non-practicing entities, also known as patent “trolls,” have taken advantage… more

Kmart Breach Settlement of $6.9M With Banks Approved by Court

Kmart’s proposed settlement with banks that had to reimburse customers following Kmart’s 2014 data breach was approved by an Illinois federal judge last week with one caveat: he wants to see how much each bank is being paid from the… more

The Duty of Impartiality and Other Trustee Troubles

Trustees are accountable to both the current income beneficiaries and the remaindermen of a trust, and are often placed in the unenviable position of have to balance the interests of the two. A beneficiary may look forward to… more

The Computer Fraud and Abuse Act Will Need To Wait Another Day In New York’s Commercial Division

Justice Shirley Kornreich recently issued one of the few New York state court decisions  that address the Computer Fraud and Abuse Act (“CFAA”).  Spec Simple, Inc. v. Designer Pages Online LLC,  No. 651860/2015, 2017 BL 160865 (N.Y… more

SEC Takes Action: Results of Under-Disclosing Executive Perks

The Securities Exchange Commission (SEC) investigation of and the action taken against MDC Partners Inc. (“MDC”) and its former Chief Executive Officer, Miles S. Nadal (“Nadal”), underscore the importance of proper disclosure of… more

A New Sleuth in Britain: The UK Quietly Empowers a Sanctions Enforcement Office

On April 3, 2017, the UK Treasury’s Office of Financial Sanctions Implementation (OFSI) announced new penalties for economic sanctions violations of £1 Million or 50% of the value of the transaction, whichever is higher. As a result… more

A New Limit on Patent Litigation Venue

A recent U.S. Supreme Court case limited patent litigation venues to a much narrower set of options. Patent venue is now limited solely to the state where the defendant is incorporated and/or states where it operates a regular and… more

Living with the DOL Fiduciary Rule: Be Prepared for the June 9 Implementation Date

The first phase of the Department of Labor’s (“DOL”) new fiduciary rule (“Fiduciary Rule”) is scheduled to be implemented on June 9, 2017. The Fiduciary Rule greatly expands the categories of persons who are deemed fiduciaries when… more

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest Even if Reasonably in Dispute

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies to claims… more

Trump's Deregulation-Oriented Executive Orders: How Will They Impact Recent CFPB Regulatory Actions and Other Financial Regulations?

How will President Donald J. Trump's recent executive order—(i) the "one-in-two-out" cap on new regulations and (ii) the mandated review of existing financial regulations—impact financial regulation, including regulations promulgated… more

Franchise Compliance: Franchising infringement notices and pizza

A recent decision by the ACCC to issue infringement notices to a franchisor demonstrates the need for franchisors to comply with the ongoing disclosure requirements to franchisees under the Franchising Code of Conduct… more

New Georgia Law Expands Use of Paid Sick Leave

Effective July 1, 2017, Georgia employers with more than 25 employees will be required to allow eligible employees to use up to five days of paid sick leave each calendar year to care for immediate family members, including the… more

Transparency in FCPA Enforcement

We all value transparency as a general concept, especially when it comes to the government. In a real macro perspective, we fund the government and we demand that our government operate efficiently, effectively and ethically… more

SEC Halts A “Safe,” “High Return” Investment Scheme

When the returns are far above market and the investment is safe and carries little to no risk, more likely it fits into the not to be believed category. Yet time after time investors flock to investment programs supposedly built on… more

BREAKING: High Court Limits Where Patent Suits Can Be Filed

The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they sold… more

Supreme Court Changes the Patent Venue Landscape

In a highly anticipated decision, the Supreme Court of the United States issued a unanimous opinion in TC Heartland LLC v. Kraft Food Group Brands LLC, holding that for the purposes of venue in patent infringement actions, a domestic… more

California’s Ambiguous Day of Rest Requirements Clarified by State Supreme Court - Employers Need to Schedule Accordingly

California employees are generally required to be provided one day’s rest in a seven-day work week. (See, Cal. Labor Code sections 551, 552 and 556.) For years, there has been confusion over what it means for employers to “cause” an… more

Department of Labor Provides Guidance on Fiduciary Rule Transition Period

On May 22, 2017, the U.S. Department of Labor (the “DOL”) released a new set of FAQs confirming that the compliance date for the fiduciary rule will remain June 9, 2017 (with compliance required as of 11:59 PM on that date) and… more

Rejection Junction What’s Your Function

It’s happened to every dealer, more so in the last eight or so years than ever – the lender has approved funding; the RISC has been signed by the customer and dealer, and assigned by the dealer to the lender; the title work has been… more

Is the Commission Starting to Take a Tough Stance on the Enforcement of Merger Procedure?

When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction.[1] This means that until clearance is obtained, companies… more

OIG Report Continues Criticism of CFPB Enforcement Data Security Practices

On May 15, 2017, the Federal Reserve Office of Inspector General – which also oversees the CFPB – released a report finding deficiencies in the CFPB Office of Enforcement’s (Enforcement) processes for securing sensitive information… more

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Practice Areas: Bankruptcy, Chapters 7, 13 Fair Debt Collection Practices Act Litigation Consumer Law I have dedicated my legal career to helping those who are struggling with debt and financial set…

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