Latest Updates

Taking it to the Limit: Recommendations from Alberta's Oil Sands Advisory Group

On June 16, 2017, the Government of Alberta released the Recommendations on Implementation of the Oil Sands Emissions Limit (Report) prepared by the Oil Sands Advisory Group (OSAG). The OSAG was established by Alberta's Minister of… more

More on the IPO Market from the SEC Investor Advisory Committee

The Committee devoted the morning’s session to a discussion of the decline in the number of U.S. IPOs. Chair Clayton addressed the Committee and noted that the decline in the number of U.S. IPOs and in the number of listed companies… more

Oh, Hadn’t You Heard? You’re Violating French Law Right Now! France Gets Serieuse about Anti-Corruption

Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation. Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption compliance… more

NC Legislative Update: June 2017 #3

This Week - Cpl. Dillon C. Baldridge, a native of Youngsville, NC, was one of three soldiers killed in Afghanistan on June 10th, 2017. We are eternally grateful for his service to this country and for his sacrifice. Our thoughts… more

U.S. Withdrawal from the Paris Agreement Creates an Opening for China to Lead

On June 1, 2017, President Trump announced during a speech at the White House that the United States will withdraw from the Paris Agreement, fulfilling a campaign pledge to end the agreement that the President argued would harm the… more

The Financial Report, Volume 6, Number 12

On June 8, the United States House of Representatives passed the Financial CHOICE (Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs) Act of 2017, which would repeal and replace the Dodd-Frank Regulatory Reform… more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure it complies… more

Proposed Changes to U.S. Sanctions Against Russia "Countering Russian Influence in Europe and Eurasia Act of 2017"

On June 15, 2017, the U.S. Senate voted 98-2 in favour of new sanctions against Russia in the face of express opposition from President Trump's administration. The proposed law includes significant changes to the current U.S. sanctions… more

Georgia Enacts New Family Care Act That Broadens Permissible Uses Of Paid Sick Leave

Although Georgia still lags behind states that mandate paid sick leave, certain Georgia employees will now be able to use some of some of their paid sick leave to care for a qualifying family member without fear of reprisal. Under… more

The Supreme Court - June 22, 2017

Maslenjak v. United States, No. 16-309: Petitioner Divna Maslenjak, an ethnic Serb who immigrated to the United States in 2000 and became a naturalized U.S. citizen in 2007, was convicted under 18 U.S.C. §1425(a) for “knowingly… more

Class Action Waiver Update: Will a Switch in Time Persuade Nine?

It was no surprise when, on June 16, 2017, numerous business and employer groups (including several represented by Ogletree Deakins) filed over a dozen amicus briefs supporting the employers in the three class action waiver cases… more

China Increases Focus on Electronic Waste

As a world leader in the manufacturing of electronic devices, China is beginning to reform its rules and regulations to ensure that the resulting framework is able to keep pace with the rapid developments now taking place in this… more

Eastern District of Wisconsin Grants Summary Judgment on Hip Component Manufacturer’s Negligence Claims But Denies Summary Judgment on Strict Liability Claims.

Last week, like most weeks during the past year, we spent a lot of our time on airplanes. One of those trips fell on a day with “lots of weather.” All of our flights were delayed, although we were luckier than many. When we landed at… more

HVCRE: Busting Myths

The Trump administration and Congress have lots on the agenda: tax reform, financial regulation reform, job creation (think infrastructure spending, maybe?) and more. While it seems unlikely that much of anything “real” is going to… more

Supreme Court Ruling Promises To Reshape Major, Multiparty Litigation in Federal Court

In Bristol-Myers Squibb v. Superior Court of California, No. 16-466, slip op. (U.S., June 19, 2017), the United States Supreme Court provided further clarification regarding the exercise of personal jurisdiction over corporations. In… more

Parental Leave Policies: Are Yours Gender-Neutral?

Last week, a JP Morgan employee filed a complaint with the EEOC challenging JP Morgan’s parental leave policy. JP Morgan provides up to sixteen weeks of paid parental leave for the “primary caregiver” of a child, and up to two weeks… more

Up into the Clouds?

Cloud services come with the promise of many benefits for the financial services sector. Cloud computing offers large-scale and cost-effective solutions for data storage and efficient processing and is also the underlying technology… more

Big Tobacco, preying on poor and uneducated, also hikes health inequities

Although most Americans finally may be breaking out of cigarette smoking’s killer grip, Big Tobacco keeps inflicting terrible harm on some of the nation’s most vulnerable—the poor, uneducated, and those who live in rural areas… more

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36% believe… more

The Brexit Negotiations (2): What is the UK’s Opening Position?

This is our second Alert on the Brexit negotiation1, which started on Monday, June 19, 2017. Having outlined the EU’s opening position, we now turn to that of the United Kingdom. The main source used is the UK Government’s “White… more

Digital is trump! – Market definition and new dominance criteria for digital markets

On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law (please see the highlights of the 9th amendment of… more

US Supreme Court Limits Jurisdictions Where Non-US Businesses May Be Sued - The World in U.S. Courts: June 2017 - Special Issue

On June 19, the US Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, a case that may make efforts to litigate national product liability and consumer protection suits against non-US companies much more… more

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental Quality… more

Joint Venture to Open Biosimilar Lab in Brazil

PlantForm Corporation, a Canadian biotech firm, has announced that it will begin construction this summer on a new biopharmaceutical lab in Rio de Janeiro with its partner, Brazil-based Axis Biotec Brasil. According to PlantForm’s… more

Senate GOP’s Health Care Plan Reshapes House’s Bill to Repeal and Replace the Affordable Care Act

When the House of Representatives narrowly passed H.R. 1628, the American Health Care Act (AHCA), and shipped it across the Capitol for the Senate’s consideration, key senators said they intended to write their own bill instead. The… more

New bill regarding the safeguarding of competitiveness

The Act of 19 March 2017 modifying the Act of 26 July 1996 (Act on the Salary Standard) creates a new framework for the social partners to determine the salary standard. This salary standard establishes the maximum margin by which the… more

Does Work Product Belong To The Lawyer Or The Law Firm?

California has codified the attorney work product doctrine in Section 2018.030 of the California Code of Civil Procedure. That statute establishes two categories of protected work product. Under subdivision (a), a “writing that… more

Queen Announces New UK Data Protection Bill

Following the commencement of the Brexit negotiations earlier this week, the Queen announced in her Speech [yesterday] a new law that will “ensure the United Kingdom retains its world-class regime protecting personal data”. This… more

Corporate and Financial Weekly Digest - Volume XII, Issue 23

SEC/CORPORATE - SEC Updates to Form ADV FAQs - On June 12, the staff of the Securities and Exchange Commission’s Division of Investment Management updated its Frequently Asked Questions on Form ADV and IARD. Much of the… more

Government of Canada releases long-awaited proposed amendments to the Trademarks Regulations and Industrial Design Regulations

On June 19, 2017, the Canadian government released proposed amendments to the Trademarks Regulations and Industrial Design Regulations. The proposed amendments to the Trademarks Regulations are intended to complement the 2014… more

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing product that… more

[Audio]Episode 16: Innovations in Recruitment: How Tech is Changing How Companies Hire

Matt welcomes Claire McTaggart, founder of job-matching technology platform SquarePeg, to discuss the increased role of tech and predictive modeling in the area of human resources and talent acquisition; the importance of companies… more

Rituximab biosimilar approved in Latin America

On June 6, 2017, Biocad, a Russia biotechnology company, announced that it has obtained marketing authorization for its rituximab biosimilar in Bolivia and Honduras under the trade name USMAL, and that shipments will start in the… more

Milan proposes an attractive tax regime – interplay with existing Italian tax rules and some key points

In the international competition for investors and multinationals, Italy has emerged as a contender. Now the Metropolitan City of Milan has upped the ante, seeking to provide its own incentives to attract more investments into the… more

Rituximab biosimilar approved in Latin America

On June 6, 2017, Biocad, a Russia biotechnology company, announced that it has obtained marketing authorization for its rituximab biosimilar in Bolivia and Honduras under the trade name USMAL, and that shipments will start in the… more

FCA Consults on UK Implementation of EU Benchmarks Regulation

FCA proposes amendments to UK rules and clarifies timing for applications by benchmark administrators. Key Points: ..The FCA is consulting on consequential changes to the Handbook, plus additional UK aspects of… more

Trump changes cuba policy

On June 16, 2017, President Trump announced that he was reversing several Obama-era policies regarding Cuba. Against the backdrop of a Miami museum that celebrates the unsuccessful Bay of Pigs invasion, Trump’s announcement was… more

The Slants, The Redskins, and Free Speech for All Parties

This week’s Matal v. Tam (formerly Lee v. Tam) Supreme Court ruling serves as a reminder that free speech is a two-way street. It also suggests the value of a sympathetic litigant, at least in terms of public response… more

THIS CHANGES EVERYTHING—Second Circuit Holds that Contractual Consent Provisions Cannot be Revoked

This is the biggest TCPA news since the Omnibus—a silver bullet to defeat most revocation cases was hiding in plain sight the entire time. It seems so obvious now… more

E-Discovery Production — Snow storms are avoidable

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are imprecise and… more

This Week In Securities Litigation

The first criminal charges against a major international bank and four of its executives tied to the market crisis were brought this week by the SFO. The charges were based on actions the firm took with private lenders to avoid needing… more

Pfizer Gets Second CRL On Proposed Epoetin Alfa Biosimilar

According to a Pfizer press release, the FDA has issued a second Complete Response Letter (CRL) to Pfizer in connection with the company’s aBLA for Retacrit, a proposed biosimilar of Epogen® and Procrit® (epoetin alpha). Pfizer said… more

Cuba & Trump: What the Changes Mean

On December 17, 2014, President Obama announced that the United States would “chart a new course” on its Cuba policy. Starting in January 2015, and for the next two years, the Treasury Department’s Office of Foreign Assets Control… more

CMS Requires Participating Providers to Prepare for Emergencies

On March 24, 2017, the Centers for Medicare & Medicaid Services (CMS) released a memorandum encouraging participating providers to “seek out and participate in a full-scale, community-based exercise with their local and/or state… more

Supreme Court Affords Greater Leeway to Biosimilars in the 'Patent Dance'

In a recent ruling, the U.S. Supreme Court clarified what happens when biosimilar applicants do not follow the regulatory framework for disputes with reference product sponsors — a process known as the “patent dance.” Since the… more

UK: Government announces International Sanctions Bill

The UK government has set out plans in this week’s Queen’s Speech for a new International Sanctions Bill (the “Bill“) that aims to ensure that the UK will continue to meet its international sanctions policy obligations and national… more

Our Cuba Sanctions Predictions: How Did We Do?

In our last post, we made a few cocky predictions about the new Trump Administration’s Cuba policy. We correctly asserted that the President would try to chart a narrow course between the Scylla of conservative Cuban-American… more

Amendments to Texas UTSA Bring it Closer in Line with DTSA, but Differences Remain

Just four years after the Lone Star State ended its holdout by becoming the 48th State to adopt the Uniform Trade Secrets Act, Texas passed a bill to amend its enactment. The bill was signed by Texas Governor Greg Abbott on May 19… more

Mandatory Bundled Payments Delayed, CMS seeking comments

CMS Administrator, Seema Verma, and Secretary of Health and Human Services Secretary, Tom Price delayed implementation of the Comprehensive Care for Joint Replacement (“CJR”) program via an interim final rule. See CMS – 5519 – IFC..… more

FTC Releases Agenda And Panelists For Upcoming Military Consumer Financial Workshop

On July 19, the Federal Trade Commission will hold a workshop in San Antonio titled the “2017 Military Consumer Financial Workshop: Protecting Those Who Protect Our Nation.” The FTC has uploaded an agenda and list of panelists for the… more

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