Latest Updates

Smoke Screens & Side Shows

We confess, we can’t think of any good reason for admitting evidence concerning product risks that the plaintiff in a particular case never actually encountered – yet plaintiffs try it with a straight face all the time. It’s another… more

Shoreham is Catching Rays in Move from Mulligans to Megawatts

This month, U.S.-based energy giant Invenergy expects to break ground on New York’s second largest solar farm project at the former Tallgrass golf course in Shoreham. A leader in wind and solar development, energy storage and natural… more

Congress returns with Trump pressing anew for ACA repeal/replace, but with what?

Welcome back, Republicans in Congress. When you went home for spring break, constituents made raucous complaints, if you held town halls, about the GOP’s failure to repeal and replace the Affordable Care Act, aka Obamacare. The party’s… more

Supreme Court Update: Expressions Hair Design V. Schneiderman (15-1391); Moore V. Texas (15-797; Goodyear Tire & Rubber Co. V. Haeger (15-1406) And Mclane, Inc. V. EEOC (15-1248)

The Eight are Nine again. After over a year of operating short-handed, the Court is finally at full strength, as Justice Neil Gorsuch joined his colleagues on the bench this week to hear arguments for the first time… more

The trials and tribulations of the NJSPCA

As recently reported, the NJSPCA has hefty legal fees, averaging nearly a quarter of a million dollars a year, as reported by Kane In Your Corner: NJSPCA refusing to show invoices for legal fees. But, following an OPRA request for… more

PCAOB White Paper on Emerging Growth Companies

In March 2017, the Public Company Accounting Oversight Board, or PCAOB, released a white paper detailing certain characteristics and trends of emerging growth companies, or EGCs, based on its review of available data through November… more

E-Cigarettes, Distracted Driving, and Car Accidents

There are many forms of distracted driving (texting and driving being one that we are constantly discussing, due to its seriousness) and recently, another one was added to the list: e-cig’ing and driving. While it is not against the… more

CA CCP 2025.510(a) Court Reporters Transcribe Depositions

Last month I was a court reporter for an all-day deposition. At the end of the day, as I was packing up, I overheard an attorney mention the case might settle. In an effort to do the right thing, I offered to hold my notes and not… more

IRS Releases Updated Automatic Changes in Methods of Accounting List

On April 19, 2017, the Internal Revenue Service (IRS) released Rev. Proc. 2017-30, 2017-17 I.R.B. 1, which provides an updated list of automatic changes in methods of accounting. As was the case with its predecessor, Rev. Proc… more

The Expert Report: Key Considerations

Product liability cases often present challenging and complex issues which require the use of experts. If you are litigating in federal court, any expert you designate will be required to provide a written report… more

New Jersey Policy = Do Not Let ICE In

As a result of the increased enforcement of immigration laws, ICE agents have taken to showing up at courthouses in areas with large immigrant communities..… more

Ninth Circuit rejects interlocutory appeal in CFPB lawsuit against CashCall

On April 20, the United States Court of Appeals for the Ninth Circuit declined to hear an interlocutory appeal  by CashCall of the district court’s order granting the CFPB’s partial summary judgment motion and denying CashCall’s… more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures Expose Institutions to Liability Under Title IX

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to take… more

CAS Legal Mailbag Question of the Week – April, 2017 #2

Dear Legal Mailbag: I am the advisor for our school newspaper and the student editor-in-chief is a pain in the a**...oops, I mean an impressive young man. When I tell him to do something, he takes it as an opening proposal in a… more

Renewable Energy Update - April 2017 #3

Renewable Energy Focus - Perry orders Energy Department study of electric grid - The Hill - Apr 17 - Energy Secretary Rick Perry has ordered a departmental review of the electricity grid, targeting federal regulations and… more

App Privacy Litigation Settles For $5.3 Million

Several major app developers, including Twitter, Facebook, Instagram, and Yelp, settled a putative class action pending in California federal court last week. The app companies have agreed to pay a consolidated $5.3 million to resolve… more

Will New Spanish Dividend Rules Cause Pain for Private Equity in Spain?

Recently effected reforms to Spanish dividend protections for minority shareholders should cause European dealmakers to review deal terms more closely in 2017. Outright acquisition of businesses is unusual in Spain, 83% of Spanish… more

Projects and Energy Weekly Snippets

Power utility Eskom will seek waivers on nuclear rules - Eskom will apply to the Treasury for a series of waivers and exemptions from procurement regulations as it forges ahead with its plan to build a fleet of six to eight… more

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in its Website’s Terms of Service

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook account… more

Fantasy Golf: A Hole in One

The Masters golf tournament had quite an exciting finish this year and it also was a successful tournament for Daily Fantasy Sports (DFS) operators. As reported by Dustin Gouker: “The Masters marked the unofficial start to the daily… more

Deliverance: Legal Issues Still Surrounding Prince’s Music

This week provided yet another reminder to entertainment law practitioners that there is still plenty of work to do even after your clients pass away. On Wednesday, April 19th, 2017 the U.S. District Court in Minnesota issued a… more

In Case You Missed It: Launch Links - April, 2017 #3

Some interesting links we found across the web this week: VC Funding for UK Remained Steady in Q1 Despite Brexit - Startups received strong venture capital backing during Q1 in face of Brexit… more

The FCPA at 40 – Evolution in the Fight Against Bribery and Corruption

In two speeches last week Department of Justice (DOJ) Acting Principal Assistant Attorney General Trevor McFadden addressed multiple topics and issues around the Foreign Corrupt Practices Act (FCPA). The first set of remarks were made… more

Legislative Update: State Biosimilar Substitution Laws

More states continue to enact laws regarding the substitution of biosimilars for prescribed biological products. We have previously reported on the enactment of such laws in New Jersey, Arizona, Missouri, Oregon and Pennsylvania… more

Saved By The Bellwether Trial in the Ninth Circuit

Removal under the “mass action” provision of the Class Action Fairness Act (CAFA) is appropriate when 100 or more plaintiffs take the affirmative step of proposing to try their claims jointly and the claims involve common issues of law… more

Maryland on Track to Join Growing Trend of Paid Sick Leave

On April 5, 2017, the Maryland General Assembly passed a paid sick leave bill – the Maryland Healthy Working Families Act (the “Act”) – that is now waiting for Republican Governor Larry Hogan’s approval. Governor Hogan has opposed the… more

Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has held. In… more

Saudi National Renewable Energy Program Round 1 — “Scaling Up”

Energy powerhouse Saudi Arabia launches global stimulus for the renewables sector, creating new opportunities for sponsors and lenders. The Saudi Arabia Renewable Energy Investment Forum (SARIEF)1 took place in Riyadh this week on… more

Employment News - April 2017 #3

Taking the long view – potential nine month restriction for broker upheld - In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite arguments about… more

New Administration At EPA To Reconsider Several Issues

The new administration at the Environmental Protection Action has taken these actions: - Reconsidering the New Methane Rules. On June 3, 2016, pursuant to the Clean Air Act (CAA), EPA promulgated amendments to the existing… more

IRS Announces Disagreement with Ninth Circuit’s Holding on Completed Contract Method of Accounting

The IRS recently announced its disagreement with the Ninth Circuit’s ruling that, with respect to planned communities, the 95% test under the completed contract method of accounting applies on a development-wide basis rather than a… more

Novartis AG, LTS et al. v. Noven Pharmaceuticals, Inc. – Prior Judicial Opinions Don’t Bind the PTAB

After Novartis’ patents were found nonobvious by the Fed. Cir., affirming the Delaware District Court, defendant Noven filed for inter partes review (IPR) of U.S. Pat. Nos. 6316023 and 6335031, on rivastigmine and an antioxidant. The… more

Proving Utility, Demonstrating Value: How to Align the Moving Parts in Personalized Medicine Reimbursement

Of the many business, operational, legal, regulatory and clinical obstacles standing in the way of widespread delivery of personalized medicine, the single greatest challenge may lie in solving the reimbursement puzzle. Advocates of… more

Same Sex Common Law Marriage Established by Superior Court

Since the striking down of the Defense of Marriage Act by the United States Supreme Court, many state courts have been trying to fill in the legal vacuum created between the legality of same-sex marriage and the lack of codified law… more

Issue Preclusion: Patent Owner Does Not Get a Do Over to Assert the Claims Against Similar Products

In Phil-Insul Corp. v. Airlite Plastics Co., [2016-1982] (April 17, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 5,428,933. In prior litigation in which Phil-Insul asserted the patent… more

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal Challenge

Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process… more

Revisiting the West Virginia Consumer Credit and Protection Act – Again

For the second time in two years, West Virginia’s legislature passes a bill to modify the state consumer protection law… more

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v. Safeway… more

Employees don’t want to hear that

I always jokingly say that the reason I try to avoid hiring employees is that I once was an employee too. However, part of the problem is that I worked for many employers who didn’t understand their role and the role of their… more

Flagged Down: Second Circuit Finds NYC “Black Car” Drivers Are Independent Contractors

The Second Circuit has affirmed the dismissal of a class action of New York City “black car” drivers who alleged they were misclassified as independent contractors by their dispatchers. In reaching its ruling, the Court found that… more

Judge Andrews Grants Defendant’s Motion to Dismiss Certain Patent Counterclaims after Finding the Subject Patents Claim Abstract Ideas

By Memorandum Opinion entered by The Honorable Richard G. Andrews in D&M Holdings Inc. et al. v. Sonos, Inc., Civil Action No. 16-141-RGA (D.Del. April 18, 2017), the Court granted Defendant’s Motion to Dismiss Plaintiff’s First and… 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. 1. Massachusetts employers and consumer reporting agencies (i.e., background screening… more

SOUR GRAPES: Fig Spread Verdict Under DTSA Doesn’t Stick, Argue Jam Company Defendants

In a dispute over ripped off recipes, counsel for victorious plaintiff Dalmatia Import Group hailed the jury verdict as the first of its kind under the Defend Trade Secrets Act, as we previously reported. Not so fast, sulked the… more

Pennsylvania Tax Amnesty Begins April 21, 2017

The Pennsylvania Tax Amnesty Program begins on April 21, 2017, and continues through June 19, 2017. The amnesty period is open for 60 days. During the amnesty period, any taxpayer with existing tax liabilities owing to the… more

High Time for the Supreme Court to Review Ascertainability in Class Actions

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never be… more

Importance of State AGs in Privacy in the United States – Interview of CT AG George Jepsen by Professor Danielle Citron at IAPP Privacy Bar Section Forum

Notwithstanding potential changes to privacy regulation at the federal level, state attorneys general (AGs) will continue to be robust and influential privacy policymakers and enforcers in the United States – that was the key takeaway… more

Planning ahead: the FCA's 2017/18 Business Plan priorities and strategic framework

The FCA's latest Business Plan demonstrates a commitment to pushing forward on both existing and new initiatives across sectors, focused on maintaining fair consumer outcomes in the rapidly changing UK financial services landscape. For… more

Mobile Wallets and Tokenization: Banks are Catching On

On April 20, 2017, the American Banker reported that U.S. Bank’s new high-end credit card features an interesting differentiator from the high-end cards recently introduced by other large credit card issuers. U.S. Bank’s new high-end… more

HUD Resolves Allegations of Discrimination Against California Lenders

?On April 19, the U.S. Department of Housing and Urban Development (HUD) announced that it had entered an agreement with a group of California mortgage lenders to resolve allegations that they discriminated against a mortgage… more

I'm Feeling Right Now that 'Senator Shortsleeve' Has a Certain Duende to It

Joe Shortsleeve, who achieved New England fame as a TV newsman, is seriously considering running for the Massachusetts Senate. As a former newsman of the (glamor-challenged) print variety, I hope Joe runs for the Bristol-Norfolk… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

At Goodwin, we use law to achieve unprecedented results for our clients. Our 900 plus lawyers across the United States, Europe, and Asia excel at complex transactions, high-stakes litigations and…

[ About | Legal Updates ]

Watch This

Feedback? Tell us what you think of the new jdsupra.com!