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U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 580 U.S…more

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person plans to run a…more

Enhanced Whistleblower Protections for Nonprofit Employees

In the wake of Governor John Kitzhaber's resignation last year, the Oregon Legislature amended Oregon's "whistleblower" protection statute (ORS 659A.203) by expanding it to include Section 501(c)(3) nonprofit organizations that receive…more

Luxembourg Real Estate -Tax and Legal Developments

This brief report provides a summary of the most recent Luxembourg legal developments that currently affect and will be affecting real estate practitioners throughout 2017…more

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit clarified the…more

UK Government Publishes Red Tape Review of UK Anti-Money Laundering and Counter Financing of Terrorism Regime 

The UK Government has published a review of the UK's Anti-Money Laundering and Counter Financing of Terrorism regime. The document summarizes the views and evidence submitted by businesses to the UK Government's Cutting Red Tape review…more

The Latest On Statistical Sampling In FCA Cases

After waiting over a year to hear what the Fourth Circuit would say about statistical sampling in False Claims Act cases, the court of appeals recently chose to keep us in suspense. Despite initially granting the relators’ petition to…more

We’ve Got the Copyright, How ‘bout You? Supreme Court Protects Cheerleader Designs

We previously wrote about the copyright battle between two of the largest cheerleader uniform manufacturers. Plaintiff Varsity Brand, Inc. claimed that Star Athletica, LLC had infringed its copyrights by manufacturing cheerleader…more

New Mexico Set to Become 48th State To Enact Data Breach and Safeguards Law

Last week, the New Mexico Legislature passed The Data Breach Notification Act (“Act”). Once the Act is signed by Governor Susana Martinez, New Mexico will join 47 other U.S. states (along with D.C., Guam, Puerto Rico, and the Virgin…more

U.S. Supreme Court Diminishes Laches Defense in Patent Infringement Cases

On March 21, 2017, the U.S. Supreme Court confirmed that "laches" is not a defense to infringement during a statutory damages period set by Congress in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. Laches is an…more

UK: Employee Post-Termination Restrictions Under English Law: Five Things You Need To Know

It is often the case that the drafting of post-termination restrictions only comes into focus on enforcement. Ideally, however, the careful drafting of such restrictions should be a priority when drafting employment contracts and the…more

The Endrew Decision: A Better Educational Standard for Special Needs Students.

March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this country seem…more

Healthcare & Life Sciences Private Equity Deal Tracker: Webster Capital Completes Sale of Epic Health Services to Bain Capital

Webster Capital announced it has completed the sale of Epic Health Services to Bain Capital. Plans for the acquisition were announced late last year. Financial terms were not disclosed…more

Alert: Supreme Court Creates New Test That Could Grant Broader Copyright Protection to Clothing Designs

On Wednesday March 22, 2017, the Supreme Court of the United States held that the decorative elements of a cheerleading uniform – zig-zags, stripes and chevrons – are protected under copyright law. In this 6-2 written decision, the…more

New Documentary Requirements Issued for Hong Kong Exports and Reexports

Effective April 19, 2017, US exporters intending to export certain controlled items to Hong Kong will need to obtain, prior to shipment, either a copy of a Hong Kong import license or a statement issued by the Hong Kong government that…more

USPTO launches new proof of use audit program

The United States Patent and Trademark Office (USPTO) has launched a new program that will require some trademark owners to submit more “specimens” (i.e., proof of use) and information than was required in the past. As a result…more

OSHA’s Volks Rule Overturned by Congressional Review Act

Yesterday, the Senate voted 50-48 to adopt H.J. Res 83, nullifying OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally referred to as…more

District Court Does Not Have Unlimited Discretion in Assessing Reasonable Attorneys’ Fees

Addressing attorneys’ fees in the context of a breach of contract claim, the US Court of Appeals for the 11th Circuit reversed the district court’s limited award of attorneys’ fees, finding the award inconsistent with the express…more

Global Dossier Expanded To More Patent Applications Around the World

The U.S. Patent and Trademark Office (USPTO) announced this week that the Global Dossier program has expanded to include access to more patent applications worldwide. The public including applicants, patent holders, businesses…more

Supreme Court Rules in Favor of Truck Drivers In Challenge To Structured Dismissals in Bankruptcy

We previously wrote about the U.S. Supreme Court’s decision to hear a group of truck drivers’ challenge to the dismissal of a chapter 11 bankruptcy case that was designed to avoid paying the drivers’ claims. Today, the U.S. Supreme…more

Important guidance on a supplier’s “fitness for purpose” obligation

The 2016 TCC decision in Fluor Ltd v. Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2062 (TCC) provides useful guidance on how a supplier’s “fitness for purpose” obligation will be interpreted…more

Federal Circuit to PTAB – No 102 Gap Filling

In a precedential opinion dated March 14, 2017, the Federal Circuit reversed the PTAB, holding that in finding a claim anticipated under 35 USC § 102, the Board cannot “fill in missing limitations” simply because a skilled artisan…more

Updates to the Common Rule for the Protection of Human Subjects Research

On Sept. 8, 2015, the U.S. Department of Health and Human Services (HHS) issued a Notice of Proposed Rule Making (NPRM) to seek input on changes to the Federal Policy for the Protection of Human Subjects, otherwise known as the “Common…more

Amazon’s Latest Trademark Battle: A Race Against “Chime”

Last month, Amazon Web Services (“AWS”) announced a new application, Amazon Chime, for online meetings, including video and voice conferencing, chat, and screen sharing. Amazon Chime will compete against a crowd of other…more

Supreme Court Decides the Equitable Defense of Laches is No Longer Valid in Patent Cases

The Supreme Court’s recent ruling in SCA Hygiene v. First Quality, has eliminated the long-standing principle of laches in patent cases. On March 21, 2017, in an opinion written by Justice Alito, the Court held that laches cannot be…more

Novartis Secures FDA Approval for Breast Cancer Drug Kisqali

On March 13, 2017, the use of Novartis cell cycle inhibitor Kisqali® (ribociclib, LEE011) in combination with an aromatase inhibitor was approved by the U.S. Food and Drug Administration as a first-line treatment for postmenopausal…more

California Contractors Note CSLB’s “Easy-Fill” Forms And Fee Increases

The California Contractors State License Board (CSLB) recently announced that it has launched a series of interactive forms to help simplify the contractor license application process as well as the process that licensees are to use to…more

To The Relief of Sergeants Everywhere, Forever 21 Challenges Adidas’ Three Stripe Marks

On March 3, Forever 21, Inc. sued Adidas American, Inc. in the Central District of California (2:17-cv-01752), asking for a declaration that its clothing decorated with stripes does not infringe Adidas’ trademarks, and suggesting that…more

Basel Committee on Banking Supervision Consults on Guidelines for the Identification and Management of Step-in Risk

The Basel Committee on Banking Supervision has published draft Guidelines on the identification and management of step-in risk. The draft Guidelines follow a previous Basel Committee consultation that was launched in December 2015..…more

Canada Federal Budget 2017

The Government of Canada has released this year’s Federal Budget, and the Tax group at Dentons has prepared a Special Report providing a detailed analysis and concise summary of the changes featured in the Budget. The Report also…more

SCCS Issues Final Opinion on Additional Coatings for Titanium Dioxide (Nano Form) as UV-Filter in Dermally Applied Cosmetic Products

On March 7, 2017, the Scientific Committee on Consumer Safety (SCCS) issued a final opinion on additional coatings for titanium dioxide (nano form) coated with cetyl phosphate, manganese dioxide, or triethoxycaprylylsilane as an…more

Say Nothing Means Say Nothing: The Facebook Post that Cost $80,000

When Gulliver Schools, Inc. (“Gulliver”) did not renew Mr. Snay’s contract as the school’s headmaster, Mr. Snay filed a complaint alleging age discrimination and retaliation. In full and final settlement of Mr. Snay’s claims, the…more

Amid Uncertain Trade Climate, a Look at Top Imports, Exports With Mexico

Auto companies, computer manufacturers and oil producers are closely watching how the trade relationship evolves between the U.S. and Mexico under President Donald Trump. Their products are among the top U.S. exports to Mexico, as well…more

Business Listing Scams

You should be aware, and make your employees aware, of a new fraud that is hitting businesses, big and small, all over the country. It is commonly referred to as a Business Listing Scam…more

Business Visas to Europe This Summer?

“Reciprocity” Could Hit Hard for the Unaware - Currently, U.S. visitors traveling to Europe on business or as tourists, in most cases, do not need a visa to travel to most countries in the European Union. However, this soon may…more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to reiterate some…more

State Law Cannot Blur the Line Between Patents and Copyrights

The US Court of Appeals for the Fifth Circuit determined that a plaintiff could not use a state law claim for unfair competition to protect a valve design, because federal copyright law preempts such a claim. Ultraflo Corp. v. Pelican…more

Incident Response Plans: A How-To Guide

The best way to handle any emergency is to be prepared. When it comes to data breaches incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one…more

French Competition Authority Determines That Certain Information Exchanges Are Acceptable

The decision gives useful guidance on what type of information exchanges are compatible with antitrust rules - Key Points: ..The extent and the types of information that can be exchanged between competitors without being…more

MWI Case Shows The False Claims Act Needs A Change

Imagine your company becomes the subject of a U.S. Department of Justice investigation, which goes on for 30 months and ends with no grand jury indictment or criminal prosecution. Then, in a recalcitrant pivot, the DOJ decides to…more

Secondary Market Transaction Results in U.S. Court Jurisdiction Over Foreign Lender

Foreign financial institutions that trade dollar-denominated securities on the secondary market may not appreciate that they could be forced to defend an action arising from such a transaction in a U.S. court. That is what happened…more

Financial Services Weekly News - March 2017 #4

Editor's Note - The Battle Over the Proposed OCC FinTech Charter Continues. The Office of the Comptroller of the Currency (OCC) has released a draft supplement to its Licensing Manual explaining the process for FinTech companies to…more

SEC Proposes Inline XBRL Filing of Tagged Data

On March 1, 2017, the Securities and Exchange Commission (SEC) published for comment a proposed rule requiring the use of the Inline eXtensible Business Reporting Language (XBRL) format for the submission of operating company financial…more

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC. Since the…more

 Be Careful About Signing USDOL Back-Wage Summaries

When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a completed…more

Brewery and Beer Distributor Sued over Promotional Contest

A North Carolina woman has commenced legal action against Anheuser-Busch, LLC (“Anheuser-Busch”) and its North Carolina distributor, R.A. Jeffreys Distributing Company (“R.A. Jeffreys”), in connection with Anheuser-Busch’s “Natty…more

Can You Hear Me Now? South Carolina Department of Revenue Issues Guidance on Taxation of Communication Services

The South Carolina Department of Revenue (the “Department”) issued guidance earlier this month, in South Carolina Revenue Ruling 17-2, to update a comprehensive discussion concerning how communication services are taxed. Up until this…more

SEC Adopts T+2 Settlement Cycle for Securities Transactions

The SEC today adopted an amendment to shorten by one business day the standard settlement cycle for most broker-dealer securities transactions...…more

Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC (Fed. Cir. 2017)

Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the totality of…more

Commercial Real Estate Sellers: Hire Your Own Attorney!

Many sellers believe, possibly based on their experience in residential real estate transactions, that they can rely on the buyer's attorney, or a real estate broker, to "represent" them in a transaction. Although it is common for the…more

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Contributor Spotlight

Richard Bistrong is the CEO of Front-Line Anti-Bribery LLC, a consultancy focused on real-world anti-bribery compliance, training, and initiatives. Richard spent much of his career as an…

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