Latest Updates

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

Working in a “Happy Talk” Corporate Culture

Honesty is the best policy – when there is money in it. – Mark Twain - Compliance professionals encounter a diverse range of corporate personalities in their work. To be sure, compliance officers have to rely on their abilities to… more

Just tell them straight

One of the big parts of my practice is assisting third party administrators (TPAs) who cant or don’t want afford an ERISA attorney on staff… more

The Federal Circuit Gives Patent Owners A Fighting Chance: Due Process In IPR Proceedings

The June 15 decision by the Federal Circuit, EmeraChem Holdings, LLC v. Volkswagen Group of Am., Inc., highlights the power of a procedural challenge to a final written decision by the PTAB. Procedural challenges should be considered… more

Delaware Supreme Court Affirms Dismissal Of Disclosure Claim Based On Subsequent Employment Of Special Committee Chair By Legal Counsel That Advised Committee

On June 15, 2017, the Supreme Court of Delaware affirmed dismissal of a putative stockholder class action alleging breach of fiduciary duty by the directors of Blount International, Inc. (“Blount”) and aiding and abetting claims… more

Online Trade Under Antitrust Scrutiny in EC's E-Commerce Sector Inquiry Final Report

On May 10, 2017, the European Commission published its long-awaited Final Report on the 2015 E-commerce Sector Inquiry ("Report"). The Report highlights the Commission's enforcement priorities in the online markets for consumer goods… more

What The Change In Course By The USDOL On Worker Classification Means For NJ Employers

As my colleague John Buckley wrote about in our Lehigh Valley Employment Blog, several weeks ago Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two Obama-era informal guidance documents… more

OTA & Travel Distribution Update - June 16th, 2017

Our weekly client OTA & Travel Distribution Update for the week ending June 16, 2017 is below. Several interesting stories this week... Price-Fixing Technology the Subject of EU Regulators [PARITY] - ("Enforcers Must Watch for… more

Electronic Drug Product Listing Errors Can Result in FDA Warning Letter

FDA Warning Letters focus on inaccurate drug product listings. Over the last year, the US Food and Drug Administration (FDA or Agency) has increased its enforcement efforts concerning drug product listing requirements, resulting in… more

Legislature Poised to Open Up Medical Marijuana Licensing to For-Profits

Last week, the Massachusetts House voted 126-28 to make major revisions to Chapter 334 of the Acts of 2016. That’s the law allowing recreational use of marijuana, which was enacted via an initiative petition on the November, 2016… more

AIPLA Legislative Proposal to Overrule Recent §101 Caselaw

With the continuing uncertainties regarding application of the subject matter eligibility standard enumerated in 35 U.S.C. §101 by both courts and the U.S. Patent Office, organizations that have an interest in clarifying the law are… more

Cancer Moonshot: USPTO Extends Cancer Immunotherapy Pilot Program Initiative

The United States Patent and Trademark Office (PTO) issued a Notice today extending the Cancer Immunotherapy Pilot Program (Pilot Program), also known as “Patents 4 Patients.” The Pilot Program, which accelerates the examination of… more

Delaware Follows Suit, Joins Number of Jurisdictions Banning Salary History Inquiries

On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in Massachusetts, New York City, Philadelphia, and Puerto Rico. Specifically, Title 19 of the Delaware Code… more

Supreme Court Limits The Time For Filing SA §11 Suits

The Supreme Court concluded that the three year limitation period applicable to Securities Act Section 11 claims cannot be extended or tolled. California Public Employees’ Retirement System v. Anz Securities, Inc., No. 16-373 June 26… more

Massachusetts Supreme Court Ruling will Lead to More Disappointments for Employers who Purchase EPLI Policies

Are you sleeping better knowing that you have purchased Employment Practices Liability Insurance (“EPLI”) to cover your company against employment claims? Well it may be time to wake up… more

Travel Ban 3.0

On June 26, 2017, the U.S. Supreme Court agreed to hear an appeal of the injunction on the Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” known as the “travel ban,” in its October session… more

SEC Chief Accountant Gives Speech on Credible Financial Reporting in the Capital Markets

On June 8, 2017, SEC Chief Accountant Wesley Bricker gave a speech titled “Advancing the Role of Credible Financial Reporting in the Capital Markets” at the 36th Annual SEC and Financial Reporting Institute Conference. Mr. Bricker… more

NC Legislative Update: June 2017 #4

This Week - Lawmakers finished a busy week last Thursday, aiming to adjourn the 2017 long session before the 4th of July. Legislative leaders began the week with a press conference to highlight the Conference Report for the budget… more

Best in Law: It's a Family Affair! How to Avoid the Pitfalls - Six Legal Tips to Running a Family Business

Many successful businesses are family-owned. There is an unmatched pride that comes from building a business that has the capability of being passed down through generations. Yet, a family business faces unique challenges. Work leaks… more

First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor Relationship

The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability to the arbitrator; and 2)… more

Three Risks to Assess as Your Company Considers Blockchain

Distributed ledger technology, often called “blockchain,” is rapidly emerging as a potential solution for businesses in many sectors, often with promises of increased security, reduced risk and greater efficiency. With any new… more

General Data Protection Regulation (GPDR) Series Part #2: The Importance of Self-Assessment

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next twelve… more

Supreme Court to Determine Scope of Whistleblower Protection

A percolating issue with respect to the SEC’s whistleblower regulations is whether the anti-retaliation protections apply only when suspected misconduct is reported to the SEC, or whether the protections also apply when the… more

CCO Leadership: Lessons from Kaiser Permanente

One thing every Chief Compliance Officer (CCO) will face is multiple stakeholders. The more compliance is operationalized the more sensitized this issue will become. Yet the centralized control that many business leaders have is… more

Banking & Financial Services E-Note - June 2017

In an article published by BlockTribune on June 15, 2017, Atlanta Partner Ed Snow provides insight into the use of blockchain technology by financial institutions. Please see full E-Note below for more information… more

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729 et seq. To… more

Is the Travel Ban Back On? Supreme Court to Decide Its Fate Next Term

On June 26, 2017, the Supreme Court of the United States agreed to hear the appeals over the president’s revised travel ban against certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen during the first session… more

Your Daily Dose of Financial News

European antitrust regulators have dropped a massive $2.7 billion fine on Google for allegedly “unfairly favoring some of its own search services over those of rivals”… more

U.S. Supreme Court Reins in Attempts to Expand Jurisdiction

This past Monday, the U.S. Supreme Court drastically changed the landscape of mass tort litigation. In Bristol-Myers Squibb Co. v. Superior Court of California, the Court found that the State of California did not have jurisdiction… more

There’s No Smoke There: Cal/OSHA Declines to Create Marijuana-Specific Safety Regulations

On June 15, 2017, the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board met and decided that workplace hazards in the marijuana industry are adequately addressed by existing Title 8 regulations and that… more

Why do drug prices soar? Blame PBJs, PBMs, weak regulators, and CME

What do PBJs, PBM “black boxes,” industry friendly advisory panels, and CME (aka doctor training programs) all share in common? They’re blamed for contributing to Big Pharma’s skyrocketing prices—and it’s worth diving into recent… more

Western District Of Washington Allows Securities Fraud Action To Proceed Against Biopharmaceutical Company And Its Senior Officers

On June 14, 2017, Judge Ricardo S. Martinez of the United States District Court for the Western District of Washington denied a motion to dismiss a putative securities fraud class action against Juno Therapeutics, Inc. (“Juno” or the… more

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Pessin Katz Law, P.A. (PK Law) is the tenth largest law firm in the Baltimore area and has been serving clients for over twenty-five years. With offices in Towson, Columbia and Bel Air PK Law is…

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