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Update: Additional information on CSALs

As a follow up to our post yesterday, there is additional information available regarding OFCCP’s recent mailing out of courtesy scheduling announcement letters…more

The Ninth Circuit Reiterates State Law Applies to Non-Preempted Claims under the Labor Management Relations Act

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently provided much needed clarification of the standard for when a unionized employee’s claim may be preempted under § 301 of the Labor Management Relations Act…more

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure relating to…more

Asset-backed sukuk: Is the time right for true securitisation?

In the 'conventional' finance space, asset-backed financings have proved a successful method of funding social and civil infrastructure. However, in Islamic finance, asset-backed sukuk have not yet taken off. The majority of sukuk…more

Rating – the road to revaluation

On 1 April 2017, the controversial non-domestic rates revaluation takes place, in which, according to the British Retail Consortium's forecasts, retailers will be paying an additional £2 billion over the next three years…more

Supreme Court Reverses § 271(f)(1) Ruling in Biotech Case

In Life Technologies Corp. v. Promega, the Supreme Court reversed the Federal Circuit’s interpretation of 35 U.S.C. § 271(f)(1), and held that a single component does not constitute a “substantial portion of the components of a…more

Federal Circuit Case Highlights the Importance of a Well Designed Provisional Patent Application Strategy

Recently, the Court of Appeals for the Federal Circuit decided MPHJ Technology Investments, LLC v. Ricoh Americas Corporation, et al., No. 2016-1243 (Fed. Cir. Feb. 13, 2017). This case highlights the importance of a thoughtful patent…more

Ethicon To Acquire Torax Medical, Inc

Ethicon Inc. announced on February 17 that it reached an agreement to acquire Torax Medical, Inc. According to its website, Torax Medical is a privately held medical device company developing a minimally invasive surgical treatment…more

Trump’s Executive Order on Ethics

Takeaways - Trump’s Executive Order on Ethics Commitments by Executive Branch Appointees supersedes and revokes Obama’s Executive Order. It requires appointees to sign a similar Ethics Pledge relating to receipt of gifts…more

Using Supplier Agreements as Patent Litigation Insurance

In a recent article written for Today’s General Counsel, patent attorney Wasif Qureshi discusses how customers can lessen risks when sued for patent infringement as a result of using technology obtained from a third party supplier...…more

Health Law Insights: February Newsletter

ALERT: Technical Noncompliance with HIPAA Can Lead to Big Penalties- As discussed in prior client alerts, the Office of Civil Rights (OCR), the agency charged with HIPAA enforcement, has increased HIPAA compliance initiatives in…more

$3.2M Fine for Failure to Protect Electronic Records

The Department of Health and Human Services Office of Civil Rights (“OCR”) fined a Texas hospital $3.2 million for its impermissible disclosure of unsecured electronic protected health information (ePHI) and non-compliance over many…more

CMS Recommendations Regarding Protection from Cybersecurity Risks

On January 13, 2017, the Centers for Medicare & Medicaid Services (CMS) issued Recommendations to Providers Regarding Cyber Security. In general, the Recommendations are intended to remind providers and suppliers to keep current with…more

On-Sale Bar for Contractor and Supplier Activities

The Federal Circuit addressed the potential for contract manufacturing to create an “on sale” bar to patentability, in a decision that could affect how supplier relationships are managed. Whether a sale or offer for sale of an…more

Something We Said? Court Backs Off Accommodation Duty For Associational Disability

Seyfarth Synopsis: The Court of Appeal, on rehearing, has superseded a 2016 decision that employers must reasonably accommodate work restrictions because of the disabilities of the employee’s associates. The superseding opinion…more

Are You Using the New I-9 Form?

As the Trump administration settles in, those of us who counsel employers have cautioned to “expect the unexpected.” Certainly, the last five weeks have brought a bevy of twists and turns. However, one consistent theme from the new…more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016). Plaintiffs…more

Is There a Statute of Limitations on Disgorgement?

How long does the Securities and Exchange Commission (SEC) have to bring a lawsuit asking for disgorgement of unlawful gains? The United States Supreme Court will decide that issue this term in Kokesh v. Securities and Exchange…more

RxIP Update - February 2017

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement - On February 2, 2017, the Federal Court of Appeal released a significant decision…more

U.S. Senate Confirms Scott Pruitt as EPA Chief, Signaling Conservative Re-Imagining of EPA’s Role in Society and Government

On February 17, 2017, the U.S. Senate confirmed President Trump’s nominee Scott Pruitt as the new administrator of the U.S. Environmental Protection Agency. Senate confirmation followed weeks of partisan and public attacks against Mr…more

Limiting Trademarks Infringements Part 3

The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and consumers…more

Mine Safety Agency Issues Alert after Mining Deaths

The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents..…more

Hindsight Cannot be the Thread that Stitches the Prior Art Patches into the Claimed Invention

In Metalcraft of Mayville, Inc., v. The Toro Company, [2016-2433, 2016-2514] (February 16, 2017), the Federal Circuit affirmed a modified preliminary injunction against Toro’s continued infringement of U.S. Patent No. 8,186,475 on…more

Harassment May be Near an Inflection Point — But Still Much Work to Do

"It’s entirely possible that incidents of sexual harassment will increase — harassers may now believe they can act without consequences. At the same time, victims now may be more fearful of reporting the harassment because of…more

Overview of REMIT for LNG Sellers to EU

With a robust demand for gas and a desire to reduce its reliance on Russian gas supplies, Europe is a market hotly pursued by liquefied natural gas (“LNG”) sellers and export project developers alike. Those seeking to sell to Europe…more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically expected…more

One of a Kind: NYDFS Cyber Rule Finalized, Effective March 1, 2017

The closely watched New York State Department of Financial Services (NYDFS) cybersecurity standards for covered financial institutions are now final and take effect March 1, 2017 in less than a week. The final rule largely tracks the…more

Obamacare Reform Watch: Reimbursement Strategies in an Environment of Growing Out-of-Pocket Costs and an Expanding Self-Pay Population

The increase in patient financial responsibility for health care costs in the past ten years has outpaced consumer growth in wages. This escalation of out-of-pocket costs represents a major revenue cycle challenge for health care…more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - January 2017 - Issue 1: Ireland

Central Bank Signs Off on CP86 with a Location Rule Compromise - The Central Bank published its Third Consultation and Feedback Statement on CP86 on 19 December 2016. While the multi-location rule was abandoned, the final…more

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade Commission…more

Tax Reform Considerations for REITs

Various components of the tax reform proposals that have been put forth by the Congress as well as the President could have significant impacts on REITs. In 2016, the Republican leadership and Republicans on the House Committee on Ways…more

Mnuchin: Tax Overhaul by August

Treasury Secretary Mnuchin stated that his goal is to have an overhaul of the Internal Revenue Code by August. He recognized that this is an aggressive time table, and that reform may slip to later in the year…more

¿Qué Significa la Entrada en Vigor del Acuerdo de Facilitación del Comercio de la OMC?

El Acuerdo sobre Facilitación del Comercio (AFC) entró oficialmente en vigor el 22 de febrero de 2017, después de alcanzar el umbral de 110 miembros de la Organización Mundial del Comercio (OMC), o dos tercios de su membresía. El AFC…more

Squeeze out Litigation isn’t just for the Rich, Famous and Camouflaged

Law360 recently reported that the creators of Duck Dynasty were in litigation with the Hollywood production company to whom they sold a controlling interest. The suit alleges the new control group was vilifying the original creators in…more

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of Contract, the Economic Loss Rule, and Project Waivers

D.W. Wilburn, Inc. v. K. Norman Berry Assocs., No. 2015-CA-001254-MR, 2016 Ky. App. Lexis 206 (Ky. Ct. App. Dec. 22, 2016) - This case arose out of a construction project in which the Oldham County Board of Education (the “Board”)…more

Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act (FLSA)…more

Practice Pointers: Anticipating and Addressing SEC Comments on Non-GAAP Financial Measures - February 2017

The use of non-GAAP financial measures by public companies continues to be an area of growing concern for the Securities and Exchange Commission (“SEC”). Since the staff of the SEC’s Division of Corporation Finance (the “Staff”)…more

GAO Upholds Waiver(s) of OCI Allegations

On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology Metalworking…more

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van Patten v…more

Supreme Court: Supplying a Single Component of a Patented Invention from the U.S. Is Not Infringement Under Section 271(f)(1)

Today, in Life Technologies Corp. v. Promega Corp., the Supreme Court held that a single component of a patented invention, even if “important,” does not trigger liability for infringement under Section 271(f)(1) of the Patent Act…more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21, 2017). The…more

WTO's Trade Facilitation Agreement Enters into Force and What It Means

The Trade Facilitation Agreement (TFA) officially went into effect Feb. 22, 2017, after reaching the World Trade Organization (WTO) members' ratification threshold of 110, or two-thirds of the WTO membership. The TFA is now part of the…more

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Retaliation Claim

In one of the first cases to address the standard governing a motion for summary judgment in a Dodd-Frank whistleblower retaliation case, Judge Jed S. Rakoff ruled that two former executives of Vista Outdoor Inc. (the Company) had…more

Laws and Regulations Affecting Government Contractors

Government contractors wondering whether and when they can protest military and civilian task and delivery orders should be aware of recent changes in the law affecting a party’s right to protest before the General Accounting Office…more

Regulate Frankenstein: the European Parliament calls for new rules for robots

When a parliamentary report cites Mary Shelley’s Frankenstein in its recitals and proposes new regulation for robots with artificial intelligence (“AI”), one cannot be sure whether the 19th or the 21st century has inspired the…more

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal Labor…more

CFIUS: The Past, Present and Tomorrow

Congress crafted the Exon-Florio Amendment in 1988 to fill gaps that it perceived in federal antitrust, environmental and securities laws, as well as in the general power of the president to declare a national emergency, and to protect…more

Fair Work Commission cuts penalty rates for the hospitality and retail industries

The Fair Work Commission yesterday handed down its long awaited decision to reduce the penalty rates for Sunday and public holiday work payable under a number of awards. These include the Hospitality Industry (General) Award 2010…more

Judge Young Addresses Possibility Versus Plausibility in Patent Pleadings

Judge Young granted a plaintiff leave to file an amended complaint that satisfactorily pushed its claim from merely possible to plausible, in a recent opinion from the District of Massachusetts. The analysis is instructive to…more

7 Reasons Networking is Dead - Or Should Be...

Networking is dead. It's been dead a long time. Thank goodness all I've ever really needed to be successful were my connections…more

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