Latest Updates

"E-Commerce in India on the Rise"

Despite the headwinds facing Indian e-commerce start-ups, some of which had irrational cost structures and business models based solely on discounts, the overall success and potential of this sector, as well as its attractiveness to… more

Testing of Jenex TherOZap™ Device Set to Begin

Luminar Media Group recently announced that, after completing development of a working prototype device, the Jenex Corporation has signed an agreement with the Techna Institute at the University Health Network to begin testing the… more

Bi-Modal Distribution: A Picture of the Melting Right Mode (LWB Farewell Series)

The biggest break I ever got in my academic career occurred nearly ten years ago when I attended the Council meeting for Section on Legal Education and Admissions to the Bar at the August 2007 ABA Annual Meeting. I was one of the… more

No Nexus For Novartis Gilenya Patent

In Novartis AG v. Torrent Pharmaceuticals Ltd., the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) invalidating all claims of U.S. Patent 8,324,283, which is one of four Orange Book-listed… more

For closely held companies: Is there, or will there soon be, a significant lender in your life?

Ten considerations for closely held companies incurring debt in connection with minority investments by private equity sponsors, growth financing, or dividend recapitalizations… more

F-Word Facebook Firing Flipped By Federal Court

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire family, should… more

European Commission Launches Competition Law Anonymous Whistleblower Tool

The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels and other… more

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas… more

Reform of Qatar's arbitration framework

Qatar's long-awaited Civil and Commercial Arbitration Law, Law No. 2 of 2017 (the "New Arbitration Law") has recently come into force. It applies to all Qatar-seated arbitrations. The New Arbitration Law aims to align the country's… more

Dow succeeds on major issues in patent infringement profits case

The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company (“Dow”) and NOVA Chemicals… more

The Trump Administration Retweets and Retreats

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about everything from… more

Labour and Employment Alert: Taking the High Road: the Federal Framework and Preparing for the Legalization of Marijuana

On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and Bill… more

Defend Trade Secrets Act Nears Year One: What Employers, Trade Secret Owners Need to Know

An employer or trade secret owner can now assert a federal private cause of action for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. §1836(b), if “the trade secret is related to a product or… more

Asymmetric jurisdiction clauses in finance agreements – where are we now?

Asymmetric jurisdiction clauses have been a common feature of English law finance agreements for many years, but there can be risks in using them. This article explains the most important recent developments for parties that include… more

Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals

The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction. Parties often submit proposed constructions that ask… more

Allergan Successfully Invalidates Claims Relating to Using Botox to Treat Back Pain

Allergan is typically the patent holder in these types of disputes, however, it recently successfully played the role of petitioner in an IPR against 1474791 Ontario Ltd.’s U.S. Patent No. 6,806,251 covering the use of botulinum toxin… more

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law — certainly, it is… more

"National Security Investigation of Imported Steel Could Be Prelude to Similar Actions Against Other Imports"

On April 20, 2017, President Donald Trump directed the Department of Commerce (Commerce) to conduct an expedited investigation of the harmful impact of steel imports on U.S. national security. The investigation, which will be conducted… more

Refusal to Rescind Employee’s Voluntary Resignation Is Not An Adverse Employment Action Under FEHA

An employer’s refusal to accept a former employee’s resignation rescission request is not an adverse employment action under the California Fair Employment and Housing Act (FEHA), according to a California Court of Appeal holding. This… more

DOL Charts a New Course for ERISA's Fiduciary Rule

The U.S. Department of Labor (DOL) published a final rule on April 7, 2017 (Final Extension),1 delaying for 60 days the applicability date of the new rule defining who is a fiduciary under ERISA (Fiduciary Rule)2 and related prohibited… more

PTAB Denies Petitioner’s Second IPR Because Petitioner Strategically Delayed Filing to Take Advantage of Feedback from PTAB on First IPR

On April 13, 2017, a Patent Trial and Appeal Board (PTAB) panel denied institution of inter partes review (IPR) of patent claims that were the subject of a previously filed IPR by the same petitioner. The panel found that the… more

A Spring Cheat Sheet to Congressional Health Care Policy

Welcome back, friends. While the next stretch likely won’t have the drama of the American Health Care Act (AHCA), there will be plenty happening. There are deadlines that require decisive action on behalf of stakeholders and the… more

WARNING: Follow Rules Governing Objections To Discovery Requests Or Waive Them

On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of Civil… more

"UK Tracks OFAC Model in Issuing Guidance on Monetary Penalties for Breaches of Financial Sanctions"

As previously reported, the Policing and Crime Act 2017 (the Act) introduced a series of major changes to the U.K. financial sanctions regime. The changes, which came into force on April 1, 2017, included the creation of new civil… more

PTAB Grants-in-Part Motions to Amend in Three Related IPRs

The PTAB granted-in-part motions to amend in three related proceedings: Activision Blizzard, Inc. v. Acceleration Bay, LLC, IPR2015-01953, Paper 107 (P.T.A.B. sealed on March 23, 2017, made public on April 19, 2017); IPR2015-01972… more

Arbitration: A Challenging Issue

Legal Rule - By force of law an Arbitrator(s) has to suspend the arbitration proceedings with immediate effect if a party to an arbitration process challenges the arbitrator while or during the arbitration processes are going on… more

Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends

As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today. As part of our commitment to eDiscovery education, I’m delighted to be participating in the series again… more

PTAB's Decision Not To Institute IPR Is Relevant In A Co-Pending ITC Investigation

ITC complainant Aspen Aerogels, Inc. (“Aspen”) filed on March 24, 2017 a motion and supporting memorandum to reopen proceedings for receipt of additional evidence. In the Matter of: Certain Composite Aerogel Insulation Materials and… more

Calif. cities lift medical marijuana delivery ban: Is L.A. Next?

Under the Medical Cannabis Regulation and Safety Act, enacted Jan. 1, 2016, California authorized the delivery of medical marijuana by licensed dispensaries to qualified patients but allowed municipalities to ban such deliveries. After… more

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement among the… more

Time Is Money: A Remedy for Delay in Settlement of Commercial Insurance Claims in the UK?

Section 13A of the Insurance Act 2015 ("Section 13A") implies a term into insurance policies issued or varied after that date that requires insurers to settle claim sums due within a "reasonable time". This new provision could… more

Data Analysis In a Compliance Best Practices Program

An in-depth look at the use of data analysis in a best practices compliance program under the Foreign Corrupt Practices Act (FCPA), UK Bribery Act or other anti-corruption compliance regime… more

What To Do When You Hire A Thief

Employers victimized by trade secret misappropriation appropriately express righteous outrage, both at the offending ex-employee and sometimes at the new employer. However, on another day the roles can reverse: That same employer may… more

Hackers, Keep Out!

Hackers are getting more sophisticated each day. It is our job to try and stay a step ahead of them. There is always someone on the outside trying to get in. It is imperative to keep your data secure within your business network… more

Permissible Disclosures Under the Stored Communications Act

The Stored Communications Act, which is codified at 18 USC 121, sections 2701-2712, is federal law that governs the conduct of electronic communication service providers and the voluntary and compelled disclosure of the contents of… more

"The Risks Associated With Worldwide Freezing Orders"

A worldwide freezing order is an injunction granted by the English courts to restrain individuals or businesses from disposing of or dealing with assets on a worldwide basis. The order can be sought before, or contemporaneously with… more

How a June UK General Election will impact Brexit negotiations

The UK's House of Commons has voted by more than the required two-thirds majority to hold a General Election on Thursday, June 8, this year rather than in May 2020. By calling a General Election the Prime Minister is seeking to turn a… more

Post-Brexit equipment leasing – key issues for UK lessors

This article summarises some possible effects of Brexit on UK equipment lessors. It mainly focuses on..… more

Court Rules Indirect Purchaser Claims Against Theranos May Proceed

Theranos’ anni horribilium began in October 2015 with the publication of a story by investigative reporter John Carreyrou at The Wall Street Journal. Lawsuits and government investigations ensued. Although the Theranos recently… more

Taking security over gas in storage

Despite recent fluctuations in the European gas markets, we have seen an increased interest among lenders in taking security over gas in storage, or over rights to gas in storage. This article explains the key issues for lenders to… more

Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC § 1782 to take discovery related to patent inventorship in connection with an Opposition… more

Traditional UK Employment Law Means Gig Economy Could Be Hard Work for Private Equity

Companies that operate in the “gig economy”, using a largely self-employed workforce, have enjoyed enormous growth in recent years but in the UK, these companies have come into conflict with long-established UK employment law. In our… more

The House Financial Services Committee to Hold a Hearing on Financial CHOICE Act 2.0 this Wednesday – Here’s a Summary of Governance and Executive Compensation Provisions

While passage in the House seems likely, the Financial Choice Act may undergo significant changes before it may pass in the Senate. Here is a summary of certain governance and executive compensation provisions that are included in the… more

Appellate Practice News: Connecticut Supreme Court Considers Schools' Duty Of Care To Students Participating In Travel Abroad Programs

Argument Recap: Munn v. The Hotchkiss School, SC 19525 - The Connecticut Supreme Court heard oral argument this term in Munn v. The Hotchkiss School to decide whether Connecticut public policy supports imposing a duty on a… more

If Content is King, Repurposing Content is Queen Bee

by ON24

Content from an hour-long webinar can easily become a 20-minute TED-style talk, a five-minute webinar teaser, and a two-minute video clip… more

How to Prepare for a Visit from ICE

With immigration in the news now more than ever, and a national shift in enforcement strategy by the Trump Administration, it is important to prepare your staff for a visit by Immigration and Customs Enforcement (ICE) officers. ICE is… more

Health Update - April 2017

CMS Issues Self-Referral Disclosure Protocol for Stark Law Violations - On March 28, 2017, the Centers for Medicare & Medicaid Services (CMS) issued a new voluntary self-referral disclosure protocol (SRDP) for disclosing actual or… more

Georgia House Bill 192 – Codifying and Clarifying the Business Judgment Rule in Georgia

Georgia Legislature Acts to Nullify Georgia Supreme Court’s Decision in FDIC v. Loudermilk - After passing both the Georgia House of Representatives and the Georgia Senate, House Bill 192 is awaiting the signature of the Governor to… more

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

The Dialogue — one of more popular recurring posts — returns for the third time. Does that mean the third time’s the charm?… more

Duke Ellington And Copyright: Five Things You Should Know

On April 29, sometimes called “Duke Ellington Day,” we celebrate the life and artistic accomplishments of the great musician and bandleader, Edward Kennedy (“Duke”) Ellington, who was born in 1899 and passed away in 1974. On his 70th… more

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