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The Redemption 'Make Whole' Remedy Controversy – An Easy Fix

The new year has brought an unexpected controversy in an otherwise very issuer-friendly high yield bond market, one involving limiting the available remedies following default that were expanded in last year’s decision by the Southern…more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under Section 289…more

The (Hopefully) Short, Costly Life of President Obama’s Executive Orders

For companies frustrated with the increasingly complex and burdensome compliance obligations imposed on government contractors, the elimination of some or all of the burdensome rules, which are both expensive and distinct from…more

SEC Continues Crackdown on Employer Whistleblower Restrictions

Takeaways: - SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries. - Express disclosure of these rights in severance agreements is…more

New Regulation Setting Federal Agency Website Standard Published, Setting Compliance Deadline

Seyfarth Synopsis: Final Rule Setting WCAG 2.0 AA as the Federal Agency Website Standard Published in Federal Register, Triggering Compliance Deadline of January 18, 2018…more

OTA & Travel Distribution Update – Jan. 6th, 2017

Our first client OTA & Travel Distribution Update for 2017 is below. Not a lot to report this week, so we will keep the Update short…more

Peer-to-Peer Lending Regulation Released by OJK

In light of the rapid development of peer-to-peer (P2P) lending using information technology (IT) ("P2P Lending") in Indonesia, on 28 December 20161 the Indonesian Financial Services Authority ("OJK") enacted OJK Regulation No…more

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against Kazakhstan…more

Summary of FERC Meeting Agenda for January 19, 2017

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have not been…more

"UK Prime Minister Outlines Objectives for Exiting the EU"

On January 17, 2017, UK Prime Minister Theresa May delivered a speech in London outlining the government’s objectives for exiting the European Union (EU). She set out a “Plan for Britain”, including 12 priorities for the negotiations…more

Commodity Trading System and Method are Patent Eligible Subject Matter Under 101

In Trading Technologies International, Inc. v. CQG, Inc., CQG LLC, FKA CQGT, LLC., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed a lower court’s holding that the claims of U.S. Patent No…more

From ESA to Keystone to EPA, Changes Coming Fast

Few things are certain leading up to Donald Trump’s presidency. But there is no question that environmental and energy policy will take center stage in the days – perhaps hours – following his inauguration…more

UPC Targets December 2017 Launch

The Preparatory Committee for the European Unified Patent Court (UPC) has indicated its intention that the UPC will become operational and the UPC Agreement will come into force in December 2017…more

Property Tax & Valuation Topics: Winter 2017

On September 30, 2016, the Connecticut Supreme Court heard oral argument in Nutmeg Housing Development Corp. v. Colchester. On the face of it, the ad valorem valuation of a garden variety property in the suburbanizing Town of…more

Gavel to Gavel: Social media – pitfalls and practicalities

Recent statistics indicate most adults who use the Internet use social networking sites and at least half of the employees in the global workforce have posted online messages, photos or videos about their employer. As such, it’s…more

Delaware Supreme Court Confirms that Dilution Claims Typically Are Derivative and Are Extinguished After a Merger

Stockholder claims alleging wrongful dilution are typically considered to be derivative in nature. Several decisions out of Delaware, however, have created exceptions to this general rule allowing stockholders to sue directly (rather…more

Trade Issues for Asia Business in 2017: A Look Beyond Headlines at TPP’s Demise and Emerging RCEP Trade Agreement

Press coverage about trade in Asia after the election of Donald Trump predominantly has framed a narrative that China stands to benefit from the demise of the U.S.-led Trans-Pacific Partnership (TPP) at the expense of the U.S., as the…more

The Next Big Thing After The Fiduciary Rule? I have some guesses

With the fiduciary rule coming down the pike in April, people ask me what the next big thing to shake up the retirement plan industry will be. I’m no soothsayer, but I think there will be a couple of areas that the Department of Labor…more

DOJ and FTC Release Updated Antitrust Guidelines for International Enforcement and Cooperation

On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (the “Agencies”) issued updated Antitrust Guidelines for International Enforcement and Cooperation (“International Guidelines” or…more

Joint Legal Decision Making Must Parental Addresses be Disclosed?

A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision and it is…more

Reservation of Rights Requirements Adopted by South Carolina Supreme Court

The South Carolina Supreme Court’s recent decision in Harleysville Group Insurance v. Heritage Communities, Inc., Appellate Case Nos. 2013-001281 and 2013-001291, 2017 WL 105021 (S.C. Jan. 11, 2017) affirms what is and is not covered…more

Rules and regulations followed in criminal cases

It is important for any accused in any criminal case to understand what his rights are in criminal sessions and to be able to at least imagine how things might work in such sessions or how the law is organized. That is why, I felt it…more

Perspectives for the Professions: Joint Submissions on Sanction: The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given

In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted principles…more

Antitrust Enforcers At It Again: More HSR Actions Against Individuals Announced

In a trend that is sure to continue no matter the policy leanings of the incoming Trump administration, the Federal Trade Commission (FTC) announced this week that it has obtained nearly $1 million in civil penalties for two violations…more

DOJ and FTC Release New Antitrust Guidelines for International Enforcement and Cooperation

On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by the…more

Alabama CON Report

I. Certificate of Need Program - A. AL2016-035, Bio-Medical Applications of Alabama, Inc. d/b/a - Fresenius Kidney Care Hope Hull, Montgomery, AL: Proposes to construct and operate a new End Stage Renal Disease Dialysis…more

Swart's Athwart California's Taxation of Out-of-State Corporations

The California Franchise Tax Board (“FTB”) started 2017 with a setback as the Court of Appeal for the Fifth Appellate District held in Swart Enterprises, Inc. v. Franchise Tax Board that the FTB could not impose California’s annual…more

The Last of Obama-Era CFPB Enforcement?

Making the most of its enforcement powers before the new administration takes over, and likely concerned that its days as a stand-alone bureau may be coming to an end, the Consumer Financial Protection Bureau (CFPB) took action against…more

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over forty and…more

FTC Announces Annual Revision to HSR Jurisdictional Thresholds

The Federal Trade Commission (FTC) announced on January 19, 2017 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). The FTC…more

Two New Sets of DOL Fiduciary Rule FAQs

DOL releases additional guidance on fiduciary rule in the waning days of the Obama administration. The US Department of Labor (DOL) has released two new sets of frequently-asked-questions (FAQs) regarding the conflict of interest…more

The Securities Law Crystal Ball

At the beginning of each new year, we find ourselves engaged in discussions of the evolving securities regulatory landscape and the changes that we anticipate may occur. We have done this for many years now. Each January we also begin…more

FDA Takes Action in the Last Days of the Obama Administration to Clarify Some of Its Views on Off-Label Communications

In the last few days of the Obama Administration, the Food and Drug Administration (FDA or the Agency) issued a number of documents with implications for manufacturer communications with health care practitioners and payors. This…more

Who Decides Whether Bankruptcy Jurisdiction Exists after Removal from State Court?

Imagine that while a bankruptcy case is pending, the debtor-in-possession or bankruptcy trustee files a state law claim against one of the estate’s creditors. Presumably, if the debtor wins its state law claim, that recovery augments…more

Department of Mineral Resources faces heavy criticism by South African courts again

On 4 November 2016, the Labour Court handed down its judgment (unreported case number J2459/16) in the matter between AngloGold Ashanti Limited, the Acting Chief Inspector, the relevant Principal Inspector, and the Inspector that…more

SkyPan and FAA Settle UAS Enforcement Cases

SkyPan International, Inc. (SkyPan), based in Chicago, and the Federal Aviation Administration (FAA) agreed upon a comprehensive settlement to resolve the enforcement cases where the FAA alleged that the SkyPan operated unmanned…more

Annual HSR Merger Notification Threshold Adjustments Announced

On January 19, the Federal Trade Commission (FTC) announced the annual changes to the thresholds of the Hart-Scott-Rodino Antitrust Improvements Act (the HSR Act). These thresholds are adjusted annually based on changes in the U.S…more

Dear Littler: Can A Boss Fire Someone for Off-Duty Political Activities?

Dear Littler: I saw one of my employees on the local news the other night participating in a political rally over the weekend. We try to maintain a tension-free workplace. Can I discipline him for this conduct? Can I at least institute…more

Trump Administration Could Ratify Montreal Protocol 2014 Addressing Unruly Airline Passengers

Unruly passenger incidents on commercial aircraft are an endemic problem for the airline industry. Such incidents threaten the safety and security of all on board, disrupt operations and result in significant economic losses to the…more

Are Hybrid Facilities the Wave of the Future?

Seniors Housing Business (www.seniorshousingbusiness.com) recently published a fascinating article on attempts by some senior housing operators to create facilities with a mix of independent living and assisted living residents…more

Race to Courthouse in Shareholder Derivative Actions Could Raise Due-Process Issues

The Delaware Supreme Court requested further consideration of the federal due-process issues that might arise where a court is asked to hold that a shareholder derivative action is precluded because a prior derivative action was…more

Cold but exhilarating in Davos

We're just back from our second visit to the Davos 'fringe' with Innovate Finance and several FinTech momentum players. Numerous events and discussions on a wide range of topics take place alongside the main World Economic Forum event…more

Key Trade Appointees and President Trump’s Approach to International Trade Policy

President Trump has now appointed the senior members of his administration (some of whom remain subject to U.S. Senate confirmation) who will help him develop, coordinate and enforce U.S. trade policy. Examining the backgrounds of…more

Labor & Employment E-Note - January 2017

The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear “SCOTUS” we think of famous civil rights cases such as Marbury v. Madison, (1803) which established the…more

Critical Filing Dates for FY 2018 H-1B Cap

Employers that wish to sponsor H-1B workers for Fiscal Year 2018 can begin filing petitions on April 1, 2017, for a start date of October 1, 2017.  The H-1B visa is used by businesses that wish to employ foreign nationals to work in a…more

Takata – Criminal Airbag Scheme and Innocent Consumer Harm (Part II of III)

In my continuing review of corporate misconduct in the automobile industry, today we examine the Takata Corporation scandal for its airbag scheme. Takata is a manufacturer and supplier of automotive safety equipment. It agreed to…more

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions of their…more

Remember to Switch to New Version of I-9

Just over thirty years ago, Congress passed the Immigration Reform and Control Act (“the Act”). It requires that employers verify the identity and work authorization of the people they hire. It also mandates that such verification be…more

Revised 2017 Antitrust Guidelines for IP Licensing; Qualcomm Ensnared in New Antitrust Suits for Licensing Activities

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission issued updated “Antitrust Guidelines for the Licensing of Intellectual Property” for the first time since 1995. The updated Guidelines are intended to…more

Significant Changes to US Sanctions Against Sudan Opens the Door for New Opportunities (IRB No. 561)

Catching many by surprise, President Obama issued an Executive Order on Friday, January 13, 2017, which provides for the lifting of sanctions against Sudan in six months. In addition, OFAC published on Tuesday (January 17, 2017) a…more

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