Latest Updates

Cross Border Investigations Update - July 2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including the new Criminal Finances Act 2017, increased regulatory scrutiny of Chinese companies and… more

Automation of Manual Process Is Not a Patentable Improvement

The US Court of Appeals for the Federal Circuit found a software patent directed to automating previously manual processing of loan applications to be ineligible subject matter, because the claims did not amount to a technical… more

PTAB Grants Rare Supplemental Motion to Amend on Remand from Federal Circuit

On remand from the Federal Circuit, the PTAB granted Veritas’s Supplemental Motion to Amend for one substitute claim and denied the motion with respect to a second claim in Veeam Software Corporation v. Veritas Technologies LLC… more

A primer for contractors: Getting paid -- fact or fiction?

As a contractor, getting paid for work completed isn't always as easy as collecting onsite or sending an invoice. Hellmuth & Johnson construction law attorney Blake Nelson answers fact or fiction when it comes to collections, interest… more

Sub-Prime Auto Loan Delinquencies Continue to Rise, but Experts Provide Divergent Views of Impact

Nearly one year ago, we wrote about auto loan delinquencies’ potential impact on the automotive industry. Now, car sales are falling and auto loan delinquencies are making headlines again, with a growing number of subprime loans… more

ILPA Issues Guidance on Use of Subscription Credit Facilities

The Institutional Limited Partners Association (“ILPA”), the body that represents the international limited partner community, has recently issued a best practice guide to assist both investors and managers1 with the use of… more

Plaintiff Can Review Documents Deemed as Non-Responsive, But Has to Bear its Own Costs: eDiscovery Case Week

eDiscovery Case Week concluded yesterday. We covered four cases this week and, Wednesday, .... Here’s the final case. Just when you thought it was safe to go back in the courtroom! In Nachurs Alpine Solutions, Corp. v. Banks, No… more

Alberta Court of Appeal reaffirms importance of considering factual matrix in contractual interpretation

The rules of contractual interpretation have evolved significantly in the last several years in Canada. At one time, the circumstances surrounding the preparation of a contract were rarely considered by the courts; the courts preferred… more

Austerity and long-term PFI/PPP contracts: a recipe for disputes?

Nearly a decade after the 2008 economic downturn, the age of austerity continues. With 18 months of Brexit negotiations and economic uncertainty ahead, cash-strapped public bodies are likely to see further decreases in their income… more

Benefits Litigation Update – Summer 2017

Welcome to the Summer edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm Epstein Becker & Green. With a new Administration and executive branch, we are already seeing… more

Kramer Levin-Debtwire Retail Event Tackles Distressed Asset Monetization Strategies

Kramer Levin Naftalis & Frankel and Debtwire recently co-sponsored a retail restructuring discussion that brought together a formidable roster of retail restructuring experts to discuss opportunities and strategies for preserving and… more

Defamation and regulatory claims against short-sellers in Canada

Public companies in Canada can reasonably expect a degree of scrutiny by market participants. Analysts might question fiscal projections. Shareholders might question board decisions. Regulators might question the adequacy of the… more

JCT 2016: evolutionary not revolutionary – a missed opportunity?

In an update on the (then) forthcoming JCT 2016 edition of contracts, Richard Saxon CBE, Chair of the Joint Contracts Tribunal (JCT), stated that the "construction industry has changed and become increasingly complex over the past 80… more

MN PUC Establishes New Environmental Costs for Use in All Proceedings

Today, the MN PUC concluded a nearly four-year effort on updating environmental costs established under section 216B.2422 subd. 3 of the Minnesota Statutes. Before getting to the decision, a bit of context… more

White House Releases Policy Statement Calling For Elimination Of Federal Funding For FDA’s Pre-Market Review Costs

The White House released a statement of administration policy on July 12 in response to the House of Representatives passing H.R. 2430, a bill that would reauthorize the FDA’s user fee programs, including FDA’s biosimilar user fees… more

Torts – U.S. Supreme Court Limits California Jurisdiction

Bristol-Myers Squibb Company v. Superior Court California, San Francisco County, et al. - United States Supreme Court (June 19, 2019) - More than 600 plaintiffs (most of whom were not California residents) brought product… more

This Week In Securities Litigation

The Commission took the relatively unusual step of issuing an Exchange Act Section 21(a) report of an investigation last week. The report addressed the question of whether tokens issued by a firm using blockchain technology were… more

Does Assertion Of Business Judgment Rule Waive Attorney-Client Privilege?

Nevada, like California, has codified the attorney-client privilege..… more

PilieroMazza Legal Advisor - Third Quarter 2017

In this Issue: - The All Small Mentor/Protégé Program, One Year Later: Lessons Learned and a Key Milestone - Protecting Your Employees and Confidential Information when Working with Teaming Partners - Employee… more

The National Energy Board's Role in Crown Consultation

On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous groups. These… more

Paths to social risk reform for the Hong Kong financial markets

The Asia-Pacific business environment is rife with social risk, manifested as human trafficking, forced labour, modern day slavery, child labour, safety and work environment issues, and other labour rights violations. In the modern… more

$2.5 Million SEC Whistleblower Award Goes to Government Employee

On July 25, 2017, the SEC announced another whistleblower award – this one for almost $2.5 million. What sets this award apart from earlier awards is its recipient – “an employee of a domestic government agency.” The Order spends more… more

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part I

Looking forward to sharing the podium with Joel MacMull of the Archer firm (counsel for Simon Tam, where our friend Ron Coleman is a partner) to discuss “Trademark Registration and the First Amendment,” on September 28th at the Midwest… more

Supreme Court Clarifies Limits to ERISA Church Plan Exemption

On March 27, 2017, the then 8 Supreme Court Justices heard oral arguments for three consolidated cases regarding the outer bounds of the “church plan” exception under the Employee Retirement Income Security Act of 1974 (ERISA)… more

Round-up of litigation, adjudication and ADR procedure news for in-house lawyers and experts

Our latest whistle-stop tour through recent news and decisions on litigation and alternative dispute resolution procedures… more

Speech: The tortuous path to the UK's exit from the EU

The political consequences of the referendum - On 23 June 2016, the UK voted by a 52:48 majority to leave the European Union. A day later David Cameron resigned as Prime Minister. The country was plunged into a state of political… more

5 Questions Firm Should Ask Before Approving Litigation AFA

Alternative fee arrangements provide great opportunities for law firms to partner with clients and strengthen relationships. However, not every matter may be appropriate for an alternative fee or in the law firm’s best interest. Firm… more

Workplace Odors Can Provide Basis for Telecommuting Arrangement

As technology makes it more possible for employees to work from remote locations, employers are increasingly faced with requests from employees to work from home. When these requests are based on medical reasons, the employer may have… more

FCA Publishes Long-Awaited Consultation Papers on the Extension of the SMCR

The FCA will take a proportionate approach, reflecting the diversity of firms within the proposed regime’s remit. On 26 July 2017, the FCA published its long-awaited Consultation Papers on the extension of the Senior Managers and… more

Legal issues for those running construction businesses - (H&S, planning, employment and real estate)

Welcome to our Summer 2017 round-up of issues relevant to UK construction businesses. Each of the summaries below links to a recent article from colleagues specialising in health and safety, planning, employment or real estate law… more

Ukraine adopts the list of organizational forms of non-residents for transfer pricing purposes

On July 4, 2017, the Cabinet of Ministers of Ukraine adopted Resolution No. 480 on the approval of the list of organizational forms of non-residents who do not pay income (corporate) tax and/or are not tax residents of the state in… more

Company Director Becomes First Ever Convicted Under Hong Kong Privacy Law For Failing To Respond To Investigation Summons

The director of a Hong Kong employment agency was convicted of a criminal offense arising under Hong Kong’s Personal Data (Privacy) Ordinance (“PDPO”) on June 30, 2017. The director pleaded guilty before the Kowloon City Magistrates’… more

Real Superfund Reform Would Not Place It At the Center of EPA’s Core Mission

Earlier this week, Scott Pruitt released the results of the Superfund Task Force he established in May.  Though skeptical, I was pleased at the creation of the task force and goals he established for it.  With the release of the… more

IRS Rules (Again) That Taxpayers Are Not Entitled to Claimed Refined Coal Credits

In a highly-anticipated Technical Advice Memorandum (TAM) dated March 23, 2017 and released on July 21, 2017, the Internal Revenue Service (IRS) ruled that two taxpayers who had invested in a Limited Liability Company that owned and… more

Coherus Asks Court to Stay BPCIA Litigation After FDA Rejects its Neulasta Biosimilar

Many biosimilar makers have tried and failed to obtain approval of biosimilar versions of Amgen’s Neulasta (pegfilgrastim), a long-acting version of Amgen’s Neupogen (filgrastim). Coherus BioSciences, Inc. is the latest biosimilar… more

Renewable Energy Update - July 2017 #4

Renewable Energy Focus - Just how far can California possibly go on climate? - New York Times - Jul 26 - Over the past decade, California has passed a sweeping set of climate laws to test a contentious theory: that it’s… more

Corps and EPA Solicit Public Comment on Restoring Pre-Clean Water Rule Regulations

On July 27, 2017, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published their proposed rule to rescind the Clean Water Rule. This is the same rule that was released in pre-publication form in June… more

Massachusetts Expands Employers' Obligation to Accommodate Pregnant Employees

On July 27, 2017, Governor Baker signed the Massachusetts Pregnant Workers Fairness Act (the “Act”). Once the Act takes effect on April 1, 2018, most employers with employees in Massachusetts will be required to provide reasonable… more

Massachusetts Adopts New Workplace Protections for Pregnant Workers

On July 28, 2017, Massachusetts Governor Charlie Baker signed the Pregnant Workers Fairness Act (“PWFA”) into law. The PWFA, which will go into effect on April 1, 2018, requires that employers provide reasonable accommodations to… more

Blockchain and Initial Coin Offerings: SEC Provides First U.S. Securities Law Guidance

Many initial coin offerings (ICOs) have recently raised large amounts of capital without the regulatory constraints of traditional initial public offerings (IPOs) and other capital-raising strategies. On July 25, the U.S. Securities… more

50 Airports Across the U.S. to Adopt Automated Airspace Authorizations for Drones

By Fall 2017, fifty U.S. airports swill start allowing unmanned aircraft systems’ (UAS or drone) operators apply for automated authorizations to fly in controlled airspace around those airports. Specifically, these airports will roll… more

Preparing for New York State’s Paid Family Leave Benefits Law

On July 19, 2017, the final regulations adopted by the New York State Workers’ Compensation Board (the Board) for implementing the New York Paid Family Leave Benefits Law (the PFLL) became effective. The PFLL provides job-protected… more

Goodbye to Rocket J. Squirrel – Halliburton Resolves FCPA Enforcement Action

June Foray died this week. You may not think you have heard of her but let me assure you; you have heard her. Foray was the voice of Rocket J. Squirrel in perhaps the greatest cartoon show ever, Rocky and Bullwinkle. According to her… more

Orrick's Financial Industry Week In Review

Financial Industry Developments - CFPB Issues FInal Arbitration Rule - Who Is Covered and How Does It Affect Your Business? The CFPB, after entertaining numerous comments, issued its final arbitration rule on Monday, July 10… more

In a Bind about CFPB's Arbitration Rule?

Don't be. At least Republican lawmakers are certainly not. On Tuesday, the U.S. House of Representatives voted overwhelmingly, 231-190, to eliminate the CFPB's final rule arbitration rule using a procedural mechanism called the… more

BCRA Medicaid Provisions: Analysis of Impact on New York

In a new analysis prepared for the Coalition of New York State Public Health Plans (PHP Coalition), Manatt Health projects that if the current healthcare bill in the U.S. Senate—the Better Care Reconciliation Act (BCRA)—is passed, New… more

Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Fed. Cir. 2017)

In a decision that took an inordinately long time to arrive (oral argument was held in mid-January), the Federal Circuit in Regeneron Pharmaceuticals v. Merus today affirmed the District Court's decision that the claims of Regeneron's… more

Murr v. Wisconsin: Defining the Property Affected by a Regulatory Taking

The Supreme Court of the United States recently decided the case Murr v. Wisconsin, No. 15-214 (June 23, 2017), which laid out a new test for determining whether separate parcels of land should be evaluated as a single parcel in a… more

UK Employment Tribunal Fees Abolished with Immediate Effect

The regime by which claimants in the UK bring employment-related claims is set for radical change after the UK’s highest court ruled that the current fee system is unlawful. With immediate effect, claimants no longer have to pay fees… more

The Travel Ban – A Quick Update

The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers. Statements by… more

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