Latest Updates

Canada expands protection of individual rights with new legislation on genetic testing and privacy

Significant legislative changes are on the horizon in the field of genetic testing with Parliament’s recent passage of Bill S-201: An Act to Prohibit and Prevent Genetic Discrimination (“Act”). The Act will implement broad protections… more

Trump Administration Releases Blueprint of Tax Reform

On April 26, 2017, the Trump Administration announced a blueprint of tax reform principles that is described as “The Biggest Individual and Business Tax Cut In American History.” The Administration identified four goals for tax reform… more

Past is Prologue: The Future of US and UK Arbitration

Much has been said and written about the UK public’s decision in June 2016 to leave the European Union and the November 2016 election of President Donald Trump. It seems obvious that these momentous events will have profound… more

Employee Business Expenses must be Ordinary and Necessary

Employees may be able to deduct their work related expenses as an itemized deduction. These expenses must be unreimbursed expenses that are ordinary and necessary to their work as an employee. According to IRS, an ordinary expense is… more

Compliance is Not “Rocket Science”

In the compliance arena, like in many others in life, we value simplicity. I have repeatedly stressed the importance of compliance initiatives that are relatively simple. Too often, lawyers and compliance professionals confuse… more

Antitrust practice as a matter of legal business (Ukrainian)

Over the past 10-15 years, the relevance of antitrust and competition law issues has increased considerably. In order to provide efficient consultations, the large law firms have established separate antitrust practices. The article… more

[Video]Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S.

For patent applications, the disclosure requirements differ among various countries. Two of the most important territories, the United States and the European Patent Convention, scrutinize parts of the patent disclosure… more

United States District Court Judge Blocks Trump Administration from Withholding Federal Funds from Sanctuary Cities

On April 25, 2017, United States District Court Judge William Orrick imposed a temporary injunction on any attempts by the Trump administration to enforce portions of an executive order that called for the withholding of federal funds… more

St. Louis’s Minimum Wage Increase to Take Effect in the Coming Days

On April 25, 2017, the Supreme Court of Missouri issued its mandate in Cooperative Home Care, Inc. v. City of St. Louis (No. SC95401), paving the way for St. Louis City’s minimum wage ordinance to take effect, which will increase the… more

[Video]2017 IP Developments

Brinks Gilson & Lione attorneys discuss the issues that will be front and center on the minds of intellectual property departments and attorneys in 2017. Firm president, Jim Sobieraj, will moderate this panel of presentations by… more

The DTEK Restructuring - The Final Chapter

The court’s sanction of DTEK's latest scheme includes novel references to its outstanding bank debt and helpfully rules on the controversial 'domicile test'. The DTEK group recently implemented a long-term restructuring of its… more

Food and Beverage News and Trends - April 2017

Six consumer groups ask major food companies to oppose regulatory reform bill. On April 11, a coalition of six consumer organizations sent a letter to 11 major food manufacturers, retailers and restaurant chains, calling upon them to… more

New Changes to Massachusetts Regulations on Criminal History Checks

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal Justice… more

FERC Gets Another Round on Energy Storage

On April 13, the Energy Storage Association filed a complaint at the Federal Energy Regulatory Commission against PJM Interconnection, arguing that PJM’s recent changes to how it determines the benefit of a limited-energy frequency… more

Fresenius Kabi Acquires Merck KGaA’s Biosimilars Business

On Monday, April 24, 2017, Fresenius Kabi and Merck KGaA announced that Fresenius will be acquiring Merck KGaA’s biosimilars business. According to Merck KGaA’s press release, Merck KGaA’s biosimilar portfolio focuses on oncology and… more

Frequently asked questions: non-Canadian funds selling in Canada

The purpose of this paper is to provide a high-level overview of certain regulations applicable to non-Canadian closed-ended investment funds1 marketing to Canadian investors. Please see full Paper below for more information… more

Court Affirms Sanctions Order Against Fiduciary Due To Discovery Abuses

In Eng v. Kolbe, a mother sued her daughter for abusing a power of attorney document. No. 03-15-00409-CV, 2017 Tex. App. LEXIS 2680 (Tex. App.—Austin March 30, 2017). The daughter was assisting her aging parents with their finances as… more

Analysis: Supreme Court Oral Argument in Sandoz v. Amgen

The transcript of the April 26 Supreme Court oral argument in Sandoz v. Amgen has been posted online. As we covered briefly, the questioning during today’s argument focused primarily on three points… more

Health Alert (Australia) April 24, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 April 2017 - Medical Board Of Australia and Nuttall [2017] WASAT 58 - National Law - Professional misconduct - Advice - Lacking experience… more

Shareholder Seeks to Block Amendment to Intel Stock Plan

A shareholder of Intel Corporation has filed a complaint in the United States District Court for the Southern District of New York. The shareholder seeks a preliminary and permanent injunction and any other appropriate relief with… more

Buy and Build Strategy Increases Antitrust Risk for Private Equity

Private equity firms have sought a greater number of buy and build opportunities in recent years, amid high valuations and competition for primary deals. In our view such deals carry higher antitrust risks and warrant careful… more

Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that verbally… more

Maine community solar procurement bill, LD 1444

This week a committee of the Maine state legislature is scheduled to hold a public hearing on a bill that would direct state regulators to enter into long-term contracts to procure 120 megawatts of large-scale community solar… more

EEOC and Flying Star Transport Settle ADA Claims for $65,000

Federal Agency Steers Hiring Case of Driver With Amputation to Early Resolution - AMARILLO, Texas - An Amarillo, Texas-based fuel transport company has agreed to pay $65,000 and furnish other relief to settle a disability… more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC39614 - In re Harmony Q. - AC37573 - Rosa v. Commissioner of Correction - AC37913 - State v. Berthiaume - AC37913 Concurrence - State v. Berthiaume… more

[Video]Day 19 of One Month to 3rd Party Management-Risk Ranking in the Supply Chain

One of the areas many companies do not focus on enough is possible corruption in their Supply Chain (SC) for goods and services provided on a company’s behalf. The FCPA risks can be just as great through those entry points as it can be… more

The standard of fairness in South African law – a case for the petroleum industry

Pacta sunt servanda is a longstanding principle under South African law. This principle recognises that parties are free to contract and must be bound by the terms of an agreement. However, pacta sunt servanda is not without… more

Novartis’ Gilenya Patent Invalidated as Obvious

On April 12, 2017, the Federal Circuit affirmed the determination by the US Patent and Trademark Office (USPTO), Patent Trial and Appeal Board (Board) that the claims of U.S. Patent No. 8,324,283 (“the ’283 patent”) were invalid as… more

Different Power Rules Apply to Men than to Women (LWB Farewell Series)

A just released study by the Yale Law Women documents that class participation at Yale Law tends to be disproportionately male (H/T to Jeff and Lior Strahilevitz at Prawfblawg). Although the report offers prescriptive advice for Yale… more

Global Employee Equity at a glance: Taiwan

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their… more

Using an S corporation to avoid self-employment tax

Our last post discussed self-employment (SE) tax and taxpayers’ efforts to avoid that tax when using an entity taxed as a partnership to conduct business. It concluded that a limited partnership that conducted business directly or… more

California Advances PBM Licensing and “Transparency” Law

Last week, the California Assembly Committee on Business and Professions voted in favor of Assembly Bill 315. AB 315 seeks to amend the California Business and Professions Code: (a) to require PBMs to obtain licensure from the Board of… more

Anti-bullying order used to stop employer from finalising a misconduct investigation and taking disciplinary action

What orders can the FWC make? The FWC can make binding orders when it is satisfied that a worker has been bullied at work and there is a risk that the bullying will continue. The possible orders are far-reaching. To date, we… more

Final Draft Revisions to EU Supervisory Reporting Requirements for Sovereign Exposures and Operational Risk Published

The European Banking Authority has published a final report and final draft Implementing Technical Standards amending the existing ITS on supervisory reporting. The ITS on supervisory reporting collate the prudential reporting… more

PRC’s General Provisions of the Civil Law Enhance Personal Information Right and Data Protection

While new legislation introduces the right to one’s personal information and specifies data protection, the definition and scope of lawful uses remains uncertain. Key Points: ..A personal information right is recognized as a… more

[Video]Business Development & Firm Structure: Market Leaders Podcast with Cynthia Voth, Miller Nash Graham & Dunn

Join David Ackert as he interviews Cynthia Voth, Director of Business Development & Administration at Miller Nash Graham & Dunn, in this episode of the Market Leaders Podcast. Tune in to hear David and Cynthia discuss: - Miller Nash… more

Glenmark Pharmaceuticals Begins Clinical Investigation for Omalizumab Biosimilar

In a press release, Glenmark Pharmaceuticals announced today that the U.S. FDA has cleared Glenmark’s Investigational New Drug (IND) application of GBR 310, a proposed biosimilar of XOLAIR® (omalizumab), to initiate a first-in-human… more

Third Circuit Finds Coverage for Faulty Workmanship Claim

In its recent decision in Travelers Prop. Cas. Co. of Am. v. USA Container Co., 2017 U.S. App. LEXIS 6602 (3rd Cir. Apr. 18, 2017), the United States Court of Appeals for the Third Circuit, applying New Jersey law, had occasion to… more

It’s Just Plain Risky Not to Do A Risk Analysis: Recent OCR Settlement One of Several Resulting from Failure to Analyze and Address Risks to ePHI

On April 12, 2017, the Office for Civil Rights (“OCR”) announced a settlement and corrective action plan with a Colorado federally-qualified health center, Metro Community Provider Network (“MCPN”), after a 2012 breach of electronic… more

Watch Out Commercial Real Property Lenders – Appointment of a Receiver is not a Slam Dunk

The law is always changing. Sometimes changes in the law result from new cases or new statutes. However, sometimes the law changes in reaction to the mood of the country. At present, I believe that that the law may be changing due… more

Global Employee Equity at a glance: Turkey

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their… more

"New York Requires Contractors to Disclose Employee Salary Data"

In January 2017, New York Gov. Andrew Cuomo issued Executive Order 162 (the order) requiring state contractors to disclose the salary paid to employees who work on the contract. The order attempts to address disparity in pay for women… more

Handling Advertising Disputes Through NAD Proceedings

Disputes in advertising can be voluntarily resolved through a dispute resolution mechanism championed by the National Advertising Division (NAD). NAD is a division of the Council of Better Business Bureaus that handles voluntary… more

Association of Corporate Counsel Issues Guidelines for Law Firm Cybersecurity Practices

The Association of Corporate Counsel (ACC) recently released a set of guidelines intended to serve as a benchmark for law firm cybersecurity practices. The guidelines include information retention, return, and destruction, data… more

Reading the Tea Leaves: What Lies Ahead for Broadband Privacy Regulation?

On April 3, 2017, President Trump signed into law a rare Joint Resolution of Congress under the Congressional Review Act (“CRA”), which disapproved the Broadband Privacy Rules adopted late last year by then-Chairman Wheeler’s… more

Criminalising bribery in the Kenyan private sector

The Bribery Act, 2016 (the Act) was enacted by the Kenyan Parliament to provide for the prevention, investigation and punishment of bribery, amongst other things. The Act, which is largely modelled on the United Kingdom’s Bribery Act… more

Administrative Law Judge Rules Against SEC In Insider Trading Case

On April 18, 2017, Securities and Exchange Commission (“SEC” or “Commission”) Administrative Law Judge (“ALJ”) James Grimes dismissed an administrative proceeding instituted by the Commission against Georgia real estate developer… more

Employers Should Review USCIS Fillable Forms I-9 Completed Between November 14 and November 17, 2016 for Social Security Number Glitch

Any employer who used the revised fillable Form I-9, Employment Eligibility Verification, downloaded from the USCIS website between November 14 and November 17, 2016 should review those forms to ensure that their employees’ Social… more

Reminder: Supreme Court Arguments on April 26th in Amgen v. Sandoz

As a reminder to our readers, tomorrow the Supreme Court will hear oral arguments in Amgen v. Sandoz regarding the following questions: ..Whether a biosimilar applicant is required by 42 U.S.C. § 262(l)(2)(A) to provide the… more

Tax Lien Takes Priority Over Earlier Interest Where Deed is Improperly Executed

In the recent case of The Bank of NY Mellon v. Ashley, et al., 119 AFTR 2d 2017-1207 (D.C. Md. 2017), the U.S. District Court for the District of Maryland held that, where taxpayer-husband alone executed a deed of trust in favor of a… more

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