Latest Updates

Los Angeles releases proposed commercial cannabis regulations

In one of the most significant milestones in the history of marijuana legislation, Los Angeles’ City Council recently released its proposed regulations governing commercial cannabis activity in the city. Simultaneously, the Department… more

Lack of Enablement in Provisional Application Results in Loss of Priority

In Storer v. Clark, [2015-1802] (June 21, 2017) the Federal Circuit affirmed the Patent Trial and Appeal Board’s decision awarding priority in an interference to Clark, on the grounds that Storer’s provisional application did not… more

Supreme Court Narrows, But Declines to Stay, Injunctions Blocking Travel Ban Executive Order

On June 26, 2017, the U.S. Supreme Court entered an order that narrowed, but declined to stay, two preliminary injunctions prohibiting enforcement of various provisions of President Trump’s March 6, 2017 Executive Order entitled… more

Department of Justice Reverses Stance and Urges Supreme Court to Enforce Class Action Waivers in Employment-Related Arbitration Agreements

The Department of Justice has reversed its stance and now urges the Supreme Court to enforce class action waivers in employment-related arbitration agreements. This increases the likelihood that the Supreme Court will side with the now… more

Supreme Court Rules On Disparaging Trademarks

For decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently weighed in… more

West Virginia Supreme Court Applies Ohio Mixed Dust Exposure Statute

Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of being… more

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single parcel did… more

Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st

The sick time ordinances passed by both the Minneapolis and St. Paul City Councils take effect July 1, 2017. The Minneapolis Sick and Safe Time ordinance requires all employers with six or more employees to provide paid sick time;… more

RICO Madness: Marijuana Operations Face RICO Challenges in Federal Courts

Don’t look now cannabis businesses, but your neighbors may be raising a racket. A June decision by the 10th Circuit Court of Appeals in Denver may have opened the doors to new legal challenges to marijuana operations: civil suits under… more

Ten (plus one) things to consider when you do a leveraged finance deal in Italy

European Leveraged Finance Alert Series: Issue 6 - Legislative changes in Italy (starting from 2012) facilitated leveraged transactions facilitating security in both bank and bond financings and aligning bond and bank finance… more

SCOTUS: Supreme Court Lifts Biosimilars by Allowing Early Commercial Marketing Notice

The Supreme Court handed down its opinion in Sandoz Inc. v. Amgen Inc., marking the first time the Court has interpreted the Biologics Price Competition and Innovation Act (“BPCIA”) for the approval of biosimilar drugs. On the first… more

U.S. Supreme Court Rules on Travel Ban

Today the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a partial victory to the… more

How Does the Withdrawal of the DOL’s 2015 and 2016 Informal Guidance on Joint Employment and Independent Contractors by Trump’s Secretary of Labor Impact Employers?

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance documents on joint employment and independent contractors. In the three sentence… more

The Application of Mandatory Rules of Italian Law to Interest Rate Swaps Governed by an English Law ISDA Master Agreement: English Law Choice Prevails

Where parties to a contract choose English law to govern that contract, there are few rules that allow a foreign law to intervene. The recent decision of the Court of Appeal in Dexia Crediop SpA v Comune di Prato [2017] EWCA Civ handed… more

Round Two: Significant Telehealth Expansion Re-Proposed in Bipartisan Senate Bill

On May 3, 2017, the Creating Opportunities Now for Necessary and Effective Care Technologies for Health Act of 2017 (S. 1016) (CONNECT Act of 2017) was reintroduced by the same six senators who had initially introduced the legislation… more

Pennsylvania Senators Introduce New Municipal Debt Reform Bills

Pennsylvania State Senators John Blake, John DiSanto, and Mike Folmer recently introduced a trio of new municipal debt reform bills that follow on the package of reform bills introduced in the Senate in March. The new bills – Senate… more

Supreme Court Rejects Tolling Argument for Nonnamed Class Members’ Section 11 Claims

On June 26, 2017, the Supreme Court issued a 5-4 decision in California Public Employees’ Retirement System v. ANZ Securities, Inc., et al. (No. 16-373), holding that tolling does not apply, when a class action is pending, to the three… more

Cleveland Clinic Foundation v. True Health Diagnostics LLC (Fed. Cir. 2017)

Most people have had the experience of becoming lost and, having arrived at their destination, realizing that it was only one false turn that caused their confusion. For those with a physics background one can recall the feature of… more

NPR Report Discusses Growing Interest In Portable Benefits

Late last week, NPR aired a story discussing the governmental efforts to bring portable benefits to gig workers..… more

Muslim-Country Travel Ban Upheld in Part

The U.S. Supreme Court decided that the United States can ban entry by persons from Muslim countries, partially and temporarily upholding the Executive Order travel ban. Travelers from Iran, Syria, Sudan, Libya, Somalia, and Yemen are… more

Second Circuit Says No to Unilateral Revocation of TCPA Consent to Contact, Citing Contract Principles

The Second Circuit Court of Appeals has split with the Third Circuit, the Eleventh Circuit, and the Federal Communications Commission (FCC), and utilized contract principles to hold that a consumer may not necessarily have the ability… more

Law Review Article on Off-label is On Target

More than once we’ve said that we read law review articles so you don’t have to. We separate the wheat from the chaff. The wheat is scarce. That is because law review articles usually drown the little bits of objective description of… more

Supreme Court Upholds Strict Time Limit for Securities Actions

On June 26, 2017, the Supreme Court issued a decision in the closely watched case of California Public Employees’ Retirement System v. ANZ Securities, Inc., holding that claims under Section 11 of the Securities Act of 1933 must be… more

Cayman Islands FATCA/CRS Deadlines Extended

On June 22, 2017, the Cayman Islands extended deadlines relating to 2016 FATCA and Common Reporting Standard (CRS) compliance, as follows..… more

California Environmental Law & Policy Update - June 2017 #4

Environmental and Policy Focus - EPA to reduce staffing by more than 1,200 this summer - Washington Post - Jun 20 - The U.S. Environmental Protection Agency (EPA) plans on shedding more than 1,200 employees by early… more

Integrating Structured Data Into the E-Discovery Process

As data volumes increase and become more complex, having an integrated e-discovery environment where systems and data sources are automatically syncing information and exchanging data with e-discovery applications has become critical… more

Can marijuana-impaired driving be proved by THC level?

With more chronic pain suffers using medical marijuana, how do you prove impairment if a car crash occurs? AAA-FTS study shows THC impairment threshold can’t be scientifically supported… more

Supreme Court Rules That Equitable Tolling Does Not Apply to Section 13 of the Securities Act

In one of the first cases argued before new Justice Neil Gorsuch, the Supreme Court in California Public Employees’ Retirement System v. ANZ Securities, Inc. (CalPERS), No. 16-373, slip op. at 16-17 (June 26, 2017), decided yesterday… more

Co-Trustee Conflict Fuels California Trust Litigation

California trust litigation often stems from disagreements and hostility among family member co-trustees. Rather than picking one of their kids to serve as sole successor trustee when they die or become incapacitated, Mom and Dad often… more

It’s Time to Bring Back the Square State Conduit:  If We Build It, They Will Come.

What in the world have we done to ourselves? Our CRE Securitization business, or at least the conduit part of our business, continues to shrink: $800 billion in outstanding principal balance in 2007 and now, $400 billion? Maybe… more

Second Circuit Declines To Adopt First Circuit's "Extreme Departure" Standard For Assessing Whether An Issuer Has A Duty To Disclose Interim Financial Information In Securities Offering Documents Under The Securities Act

On June 21, 2017, the United States Court of Appeals for the Second Circuit affirmed a lower court’s decision dismissing a putative class action asserting claims under the Securities Act of 1933 (the “Securities Act”) against Vivint… more

AIA Releases Decennial 2017 Updates to its Contracts Suites

The American Institute of Architect’s (AIA) suite of design and construction documents are among the most popular industry form contracts. Every ten years the AIA reviews and updates its core documents, and early this Spring, announced… more

New York Court Holds Pollution Exclusion Applicable to Pollution Caused by Covered and Uncovered Causes

In its recent decision in Matter of Midland Ins. Co., 2017 N.Y. App. Div. LEXIS 5065 (N.Y. 1st Dep’t June 22, 2017), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider the application of the… more

IT/Data Protection Germany Newsletter

As you know, the newsletter has moved to Reed Smith together with the Olswang team. We are very happy to send you the first Reed Smith issue of our quarterly IT/Privacy newsletter today. Much of it remains the same, some things are… more

European Commission Proposes Action to Streamline Environmental Reporting

On June 9, 2017, the European Commission (EC) published its Action Plan to Streamline Environmental Reporting (COM(2017) 312), summarising the findings of its review of reporting requirements following the 2015 ‘Better Regulation… more

Cipla Plans to Reduce Biosimilars Investment to Focus on Respitory Products

As reported by Money News, Cipla Ltd., India’s fifth-largest drugmaker by sales, plans to reduce investment in biosimilars to sharpen its focus on building a portfolio of high-margin respiratory products. Cipla’s original plan to build… more

Building Code 2016 Security of Payment Provisions

The security of payment provisions of the new Building Code 2016 (Code) introduced in December last year are emerging as an immediate concern for a fast growing number of building industry participants… more

North Dakota Medicaid Recipients Data Found in Dumpster

The North Dakota Department of Human Services (NDDHS) is notifying 2,452 Medicaid recipients that their protected health information has been compromised when their records were discovered in a dumpster… more

Supreme Court allows limited version of President Trump’s travel ban

On June 25, 2017, The U.S. Supreme Court today stayed injunctions issued by the federal Circuit Courts and announced that it will hear oral arguments regarding the legal challenges to President Trump’s executive order of March 6, 2017… more

Health Care E-Note - June 2017

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for more… more

FCRA Violations Lead to Record-Breaking $60 Million Verdict

On June 19, a jury sitting in federal court in the United States District Court for the Northern District of California awarded plaintiffs $60 million after finding that the defendant, TransUnion, LLC, violated provisions of the Fair… more

Brazil eSocial Trial Period Begins on June 26, 2017

After months of uncertainty, on June 23, 2017, the eSocial Steering Committee in Brazil finally issued a new resolution launching a restricted platform for companies to begin testing the program. The program will be available first for… more

Substitute Holidays in Canada: What to Do When a Holiday Falls on a Weekend

Canada Day is approaching. The holiday, celebrated on July 1, commemorates Canadian Confederation and the enactment of the British North America Act, 1867 (which is now known as the Constitution Act, 1867), that formally established… more

2017 Legislative Update: New Laws Impacting Commercial Real Estate Clients

On July 1, 2017, new laws passed during the 2017 General Assembly session will go into effect in Virginia that may impact you as someone interested in commercial real estate. They run the gamut of issues touching on the real estate… more

Once empowered, but not anymore?

Swift, decisive and severe. This was the immediate reaction to the much anticipated third mining charter for the South African mining industry. No sooner had the Minister of Minerals announced, published and brought into effect the… more

Travel Ban Update: The United States Supreme Court Will Hear The Appeal Over President Donald Trump’s Revised Travel Ban Next Term And Reinstates Parts Of The Ban

Seyfarth Synopsis: U.S. Supreme Court will hear oral arguments on the Travel Ban in their next term. Shortly before its summer recess, the United States Supreme Court agreed to hear oral arguments on the Trump administration’s… more

United States ex rel. Phalp

A unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) recently affirmed two grants of summary judgment in favor of defendant Lincare, Inc. d/b/a Diabetic Experts of America (collectively, “Diabetic… more

If You Have Nothing Nice to Say, Say ®

On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19, 2017)… more

Bill Proposes an Appointed Board to Fix the Department of Toxics Substances Control; Will It Just Make Matters Worse?

Senate Bill 774 (“SB 774”) proposes to eliminate the Department of Toxic Substances Control (“DTSC”) and form a five-member board, the California Toxic Substances Board (“CTS Board”). On June 1, the Senate approved the bill, and it is… more

Military Consumer Enforcement Act Introduced in Senate Seeks to Enhance SCRA Enforcement

Several U.S. Senators have introduced legislation for a Military Consumer Enforcement Act that would seek to empower the Consumer Financial Protection Bureau (CFPB) to oversee and enforce compliance with the Servicemember Civil Relief… more

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