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Executive Order Aims to Streamline Environmental Permitting of Infrastructure Projects
In furtherance of the administration’s broad infrastructure initiative, President Trump on August 15 signed an executive order (EO) entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process… more
Concussion Can Cause Abnormalities in Organ Systems Through Autonomic Nervous System Dysfunction
The open source journal Brain Science has just published a survey of literature demonstrating that a mild traumatic brain injury (mTBI) , otherwise known as concussion, is a complex pathophysiological process that can have a systemic… more
Recent 11th Circuit Decision Is a Victory for Health Care Providers Challenging Insurer Reimbursement Decisions and a Reminder of the Importance of Carefully-Drafted Assignment of Benefits Clauses
The existence and scope of assignments of benefits from patients to health care providers continues to be critically important to a provider’s ability to challenge an insurer’s reimbursement decision under the Employee Retirement… more
Incubate Illinois and Other Chicago Tech Resources
First, for those in attendance at the second annual Incubate Illinois Conference, held on July 12, thank you. You made the event a tremendous success. We set out to develop a forum where the greatest thought leaders in Chicago’s… more
Louisville’s “One-Touch” Make-Ready Ordinance Upheld
In the first decision to consider the legality of a “one touch” make-ready ordinance, a federal district court in Kentucky upheld a City of Louisville law authorizing new attachers to utility poles to rearrange the pole attachments of… more
Before You Fire That Political Extremist . . .
If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may… more
First-Ever "Spoofing" Conviction Upheld by the Seventh Circuit
In today's computer-driven world, trading firms use computer software to execute, at very high speed, large volumes of trades. Their trading strategies take advantage of minor discrepancies in the prices of securities or commodities… more
A Rose by Any Other Name: Drug Claims Make Your Cosmetic a Drug
Last month, FDA district offices issued Warning Letters to two cosmetic companies for making claims that established their products as drugs. In finding that the products were new drugs requiring premarket approval, FDA highlighted… more
Department of Labor Releases a Request for Information Seeking Public Comment on Overtime Regulations
President Donald Trump's Department of Labor ("DOL") issued a public Request for Information ("RFI") seeking comments on what, if any, increase it should make to the minimum salary requirement of the white collar exemptions. An RFI is… more
AGG Food and Drug Newsletter - August 2017
Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more
Eleventh Circuit Allows Partial Revocation of Consent under TCPA with Class and Contractual Consent Implications
Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when applying for… more
Trump Orders Streamlined Permitting for Infrastructure Projects
President Trump issued an Aug. 15 Executive Order titled "Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," seeking to streamline the approval process for… more
The NYSE Amends its Advance Notice Requirement for Dividend Announcements: NYSE Staff Now on Call 24/7
On August 14, 2017, the SEC approved a rule change to the NYSE Listed Company Manual to require listed companies to provide notice to the NYSE at least ten minutes before making any public announcement with respect to a dividend or… more
Reminder: FCC Filings Due September 2017
Form 477: Local Competition and Broadband Report - The Local Competition and Broadband Report, containing data as of June 30, 2017, must be filed by September 1, 2017. The report requires the submission of information regarding… more
Employee Given Two Bites of the Intentional Infliction of Emotional Distress Apple
It is well-established that the workers’ compensation system serves as the exclusive remedy for an employee who suffers injuries arising during the course and scope of employment, including psychiatric injuries. Recently, however, the… more
Federal Circuit Rules That Claims For Programmable Tiered Computer Memory Are Patent-Eligible
Visual Memory LLC v. NVIDIA Corp., No. 2016-2254 (Fed. Cir. Aug. 15, 2017)- The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the asserted… more
Curing Corporate Missteps Under Delaware Corporate Law
As every founder knows, starting and scaling a company is an extremely difficult and multi-faceted undertaking. In addition to the primary goals of developing a viable product, finding (and in some cases building from scratch) a robust… more
Justice Department’s Latest Offshore Bank Resolution Confirms Value Of Self-Disclosure And Voluntary Remediation By At-Risk Foreign Institutions
The Justice Department revealed its latest offshore bank resolution by announcing that it had entered into a non-prosecution agreement with a Swiss asset management firm called Prime Partners. This means that Prime Partners will not be… more
Visual Memory v. NVIDIA: The Importance of a Robust Written Description
In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court’s holding that Visual Memory’s U.S. Patent No. 5,953,740 is drawn to patent-ineligible subject matter. Instead, the court ruled that the ’740… more
The State AG Report Weekly Update
2018 AG Elections- Democrat Amy Padden Announces Bid for Colorado Attorney General- Democrat Amy Padden, former Executive Assistant U.S. Attorney and Law Enforcement Coordinator for the District of Colorado, announced her… more
Troll Hunting: Practical Strategies for Businesses to Combat Anonymous Online Trolls
No matter the business you operate, modern commerce increasingly takes place online, rarely putting the consumer and your business face-to-face. A recent study revealed that approximately 80% of American consumers buy products online… more
CareFirst Data Breach Appeal Holds Three Key Lessons For Cyberattack Litigants
A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for the… more
Office of Planning and Research Releases Updated General Plan Guidelines
On August 2, 2017, the California Governor’s Office of Planning and Research (“OPR”) released its first update to the General Plan Guidelines (the “Guidelines”) since 2003. The Guidelines provide guidance to cities and counties… more
August 2017 FCC Meeting Recap: FCC Proposes Changes to Broadband Data Collection
At its August Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) voted unanimously in favor of a Further Notice of Proposed Rulemaking (“FNPRM”) that explores ways to improve the value of data, collected on FCC… more
Federal Circuit PTAB Appeal Statistics – August 2017
Through August 1, 2017, the Federal Circuit decided 236 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 175 (74.15%) cases, and reversed or vacated the PTAB on every issue in 25 (10.59%) cases… more
Petitioner is Prevailing Party Entitled to Attorney Fees Where Undisputed Evidence Proves that Writ Petition Motivated City to Produce Responsive Documents
The California Public Records Act provides for public inspection of records maintained by state and local agencies and declares that “access to information concerning the conduct of the people’s business is a fundamental and necessary… more
Court Enters Verdict for Bank of New York Mellon in Ohio RMBS Trustee Litigation
On August 4, 2017, Judge Steven E. Martin of the Ohio Court of Common Pleas rendered a full verdict in favor of Defendant-Trustee The Bank of New York Mellon (“BNYM“) in Western and Southern Life Insurance Company, et al. v. The Bank… more
Businesses Should Prepare For Predictive Scheduling Laws
Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling. In that lawsuit, the… more
European Commission Requests Feedback on a Roadmap for Widening Access to Centralized Bank and Payment Account Registries
On August 9, 2017, the European Commission published an inception impact assessment (Ares (2017)3971182) (also called a roadmap) on access to centralized bank account registries. In the roadmap, the Commission explains that the… more
NIOSH Report Highlighting Second Decade of Research Agenda Includes Nano Developments
On August 10, 2017, the National Institute for Occupational Safety and Health (NIOSH) published a report entitled National Occupational Research Agenda: Second Decade in Review | 2006-2016. The report outlines the progress and impact… more
Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions
The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco, LLC v… more
OFAC Fines American Honda for Foreign Subsidiary’s Business with Cuba
American Honda Finance Corporation (American Honda) has settled with the Office of Foreign Assets Control (OFAC) over potential civil liability for 13 violations of the Cuban Assets Control Regulations (CACR), which that allegedly… more
A Chief Compliance Officer's Guide to Investigations
Tom Fox in conversation with Jonathan Marks, who has laid out a concrete way for CCOs and c-level executives to think through how to plan an investigation, staff it properly and meet the inevitable challenges… more
Massachusetts Employers Face $200 Million Increase in Health Care Costs under MassHealth Amendments
On August 1, Massachusetts Governor Charlie Baker signed into law H. 3822, “An Act Further Regulating Employer Contributions to Health Care” (the “Act”). The purpose of the Act is to shore up the finances of the Commonwealth’s Medicaid… more
AFRICA - A Legal Guide for Business Investment and Expansion: Tunisia
1. What role does the government of Tunisia play in approving and regulating foreign direct investment? The Tunisian government places a priority on attracting foreign direct investment. The Tunisian government encourages… more
Patent Infringement Judgment Against ION Geophysical for its Sales of Seismic Survey Devices Reduced to $26 Million from Original $124 Million Damages Award
Patent Judgments and Awards - On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation (“ION”) to pay WesternGeco L.L.C. (“WesternGeco”) approximately $21… more
Delaware Becomes the First State to Allow Corporations to Maintain Corporate Records Using Blockchain Technology
On August 1, 2017, Delaware became the first state to allow corporations to use blockchain technology to maintain corporate records. This development comes almost a year after Vice Chancellor J. Travis Laster of the Delaware Court of… more
Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares
Unless you’ve been under a rock, the fact that many start-ups have recently found themselves on the wrong side of the litigation or threatened litigation “v.” should not surprise you. In fact, it is often the very things that make… more
Clarity in §101: Half of the Judges Considering the Question Find Plaintiff’s Computer Memory System to be Patentable Subject Matter
In Visual Memory LLC v. NVIDIA Corp., [2016-2254] (August 15, 2017), the Federal Circuit reversed the district court’s determination that Visual Memory’s U.S. Patent No. 5,953,740, on a memory system with programmable operational… more
International Trademark Classes: What is the Nice Agreement?
Filing for a trademark through the United States Patent and Trademark Office (“USPTO”) is probably a mysterious process for most people. There are several types of trademark applications and many different filing bases. Given the… more
U.S. Tax Court Ruling Exempts Gain on Foreign Partner's Sale of a Partnership Interest
On July 13, 2017, the U.S. Tax Court issued a decision in Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner, 149 T.C. No. 3, which could have a significant impact on how non-U.S. investors invest in U.S… more
From the Top In Brief - July/August 2017
In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files a claim in… more
California Employers May Sue For Online Defamation
The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review sites such… more
Five Keys to an Effective Law Firm Divorce - Being Smart When the Thrill is Gone
“A discord of personalities” sometimes describes the genesis for marital divorce. It also can be an apt way to explain law firm break-ups when partners decide to go their separate ways. Although law firm break-ups happen regularly, the… more
Who Will Take Care of Your Pet After Your Death?
Have you ever wondered who will take care of your pet after your death? Maryland has a pet trust law allowing owners to set aside funds for their pet’s care and to provide for a care taking system for their pet..… more
Considerations for Developing a Global Patent Term Extension Strategy
Many jurisdictions provide for the extension of the term of the patents that cover a regulated product. Patent term extension (PTE) is particularly important in the bio/pharma industry given that development of an innovative drug can… more
0.44% of NFL Brains
When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees… more
House Passes Bill Relaxing Reporting Requirements
The U.S. House of Representatives recently passed the FDA Reauthorization Act of 2017. This bill seeks to change the requirement for companies to report medical device malfunctions to the FDA. Previously, companies had to submit a… more
Saudi Council of Ministers Approves 100% Foreign Ownership of Engineering Consultancies
Currently, Saudi Arabian law permits foreign direct investment in engineering consultancies operating in the private sector only through a professional company licensed by the Ministry of Commerce and Industry ("MOCI"). Professional… more
Third Circuit Holds No Need to Warn Under WARN ACT Unless Circumstances Causing Layoff Are Probable
The Worker Adjustment and Retraining Notification (WARN) Act in the U.S. requires that employers give sixty days’ notice to its employees before effecting a mass layoff. The WARN Act contains exceptions to the notice requirement… more
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- Courtney Brinckerhoff at Foley & Lardner
- Kevin E. Noonan at MBHB
- Thomas Gorman at Dorsey & Whitney
- Michael Schmidt at Cozen O'Connor
- Joanna Rich at FordHarrison
- Robin Shea at Constangy
- Jeff Neuburger at Proskauer Rose
- Carrie Hill Allen at Akin Gump
- Lynne Hermle at Orrick
- Annette Ebright at Parker Poe
- Megan Muir at DLA Piper
- Rachel Ashwood at Morgan Lewis
- Cynthia Larose at Mintz Levin
- Norman Tabler, Jr. at Faegre Baker Daniels
- Deirdre McEvoy at Patterson Belknap
- Darby C. Allen at BakerHostetler
- Rick Fischer at Morrison & Foerster
- Juliet Cho at Stoel Rives
- Kirk Watkins at Womble Carlyle
- Michelle Lange at Kroll Ontrack
- Juan Carlos Varela at Littler
- Travis Crabtree at Gray Reed & McGraw
- Stephen M. Quinlivan at Stinson Leonard Street
- Jennifer Archie at Latham & Watkins
- Frank Fanshawe at Wilson Elser
- Assia Damianova at Cadwalader
- Margaret McQuade at Katten
- James McCullagh at Perkins Coie
- Margot Patterson at Dentons
- Daniel Schwartz at Shipman & Goodwin
- Elizabeth Fries at Goodwin Procter
Clients turn to Downey Brand for efficient and practical legal advice. We have built a reputation of understanding the industries and businesses of our clients and working with them to advance their…
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