Latest Updates

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain Electronic… more

California Federal Court Upholds $8 Million Jury Verdict In Former General Counsel’s Whistleblower Lawsuit

Recently, a California federal court denied the defendant–employer’s motion for a new trial, upholding the jury’s $7.96 million verdict finding that the Company terminated its former general counsel for reporting alleged Foreign… more

PTAB Invalidates Patent for Blockbuster Drug HUMIRA®

The PTAB issued a Final Written Decision in Coherus BioSciences Inc. v. AbbVie Biotechnology Ltd., IPR2016-00172 (P.T.A.B. May 16, 2017) finding claims 1-5 of U.S. Patent No. 8,889,135 (“the ‘135 patent”) unpatentable… more

Complete Revision of German Securities Trading Act Passed German Parliament

On 30 March 2017, the German Parliament (Bundestag) finally approved a complete revision of the German Securities Trading Act (Wertpapierhandelsgesetz) as part of the Second Financial Markets Reform Act (2… more

Failure to Provide an Unconditional Covenant Not to Sue Kept Case and Controversy Alive

In ArcelorMittal v. AK Steel Corp., [2016-1357] (May 16, 2017), the Federal Circuit affirmed the summary judgment invalidating claims 24 and 25 of U.S. Patent No. RE44153… more

FOIA and Public Records: IHSA 3, BGA 0

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the Illinois High… more

Employers: Are You Ready for a Cyberwar? Attackers Using Ransomware are Saying Show Me Your Bitcoin!

Recently, the WannaCry ransomware attack impacted 150 countries and over 300,000 computers. Not all ransomware attacks are so massive but they all are fast moving and require swift action to prevent destruction and lose of data. In… more

Compliance Lessons for Executive Leadership from The Wells Fargo Investigation Report

Compliance lessons from truly one of the most damning reports of complete corporate failures around ethics and culture that has recently been seen… more

Protecting Intellectual Property from Employee Theft

Business owners who, after an employee dispute or after terminating an employee, have been the victims of intellectual property theft often contact us. Often, the solutions to this problem can be incredibly costly. Here are some quick… more

Attorney Billing Records Not Categorically Protected by California Attorney-Client Privilege

Holland & Knight issued an alert in June 2015, written by Allison Martin Rhodes and Craig S. Weinstein, regarding an earlier California Court of Appeal ruling in this case. This alert provides an update after a December 2016 decision… more

To Gate or Not To Gate — Should You Give Away Your Whitepaper or e-Guide?

We’ve all experienced this before: we visit a website, and a pop-up showcases a whitepaper or e-Guide that we can download or have emailed to us if we provide our first name and e-mail address. This is how most businesses use content… more

FCA Announces Review on Availability of Information Before IPO

May 2017 On 1 March 2017, the FCA published a consultation paper proposing a number of policies aimed at improving the information made available to investors during the initial public offering ("IPO") process. The paper also includes… more

Manufacturing Matters May 2017

As mentioned in the last issue of Manufacturing Matters, “Smart Manufacturing”, including automation, is gaining momentum. A number of leading global manufacturers have already adopted it, and according to The Annual Manufacturing… more

Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous 8-0… more

Supreme Court Restricts Where Patent Cases Can Be Filed

TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, ??2017)? - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the ?Supreme Court rules that a defendant “resides” for… more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was confronted with a… more

Supreme Court Alters the Landscape of Venue for Patent Infringement Litigation

On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation. The Supreme Court… more

CMS Urged To Reverse Obama-Era Biosimilar Reimbursement Policy

A bipartisan congressional effort is underway to convince CMS to reverse its biosimilar reimbursement policy implemented under the Obama administration. We discussed the current reimbursement policy in a March 2016 blog post when CMS… more

U.S. Supreme Court Upends Nearly 30 Years of Patent Venue Law

Yesterday, the U.S. Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC officially reinstating a more restrictive standard for where patent holders can file patent infringement… more

Keeping pace with global trends in debt restructuring: Indonesia must act

In the past year, the global corporate default rate reached its highest level since the 2008 financial crisis, and continues to climb. In response, both Singapore and the European Union are exploring new approaches to debt… more

The Neutral Corner: Using Forensic Neutrals in Trade Secret Disputes

by JAMS

The dirty secret of trade secret disputes is that even if you win, it can be difficult to get back to where you started. It’s like closing the stable door after the horses have run off with trade secret disputes. A court or arbitration… more

President Trump's Executive Order on Cybersecurity

On May 11, 2017, President Trump signed a long-awaited Executive Order that aims to bolster the cybersecurity of federal networks and critical infrastructure. In an effort to fulfill the President’s promise to get “tough on cyber,” the… more

CFPB Hits Student Loan Servicer With Lawsuit

The Consumer Financial Protection Bureau (CFPB) has sued a major student loan servicer as detailed by the complaint filed in Pennsylvania federal court… more

SCOTUS: Supreme Court Limits Venue Where Patent Suits Can Be Filed

On May 22, 2017, in TC Heartland LLC v. Kraft Food Brands Grp. LLC, 581 U.S. ___ (2017), the Supreme Court reversed a long-standing practice permitting venue over domestic corporations to be had wherever the court had personal… more

New rules on energy and fuel distribution contained in the bill of law for the market and the competition

Energy attracts the attention of the bill of law for the market and the competition (in Italian DDL Concorrenza or DDL). The text revised by the Senate has been passed, on 3 May 2017, ONto the Chamber of Deputies for its final… more

Third Circuit Widens the Circuit Split on Late-Filed Tax Returns

The Court of Appeals for the Third Circuit has joined the Fourth, Sixth, Seventh, Eighth, and Eleventh Circuits in employing a four-part test to determine whether debt associated with a late-filed tax return is dischargeable under… more

Supreme Court Changes the Landscape of Patent Litigation

For decades, accused infringers have been hailed into venues across the country where they have little or no presence. The rationale applied for justifying venue in such cases has been that the term “resides” as used in the patent… more

The EU's and UK's negotiating priorities for Brexit - ten things businesses need to know

On 22 May 2017 the EU adopted its negotiating Directives setting out how it will negotiate the UK’s withdrawal from the EU. It is expected that formal negotiations will start soon after the UK general elections on 8 June. This, in… more

Fourth Circuit Says FMLA Allows Reinstatement to Equivalent Position Even If Original Job Remains

Employees taking leave under the Family and Medical Leave Act (FMLA) are entitled to be reinstated to their previous job or to an equivalent position. The equivalent position must be the substantially the same in terms of salary… more

Materials Available for May 25, 2017 ODAC Meeting Regarding Hospira’s Epoetin Alfa Biosimilar Application

As we previously reported, the FDA announced that the Oncologic Drugs Advisory Committee (ODAC) will hold a public meeting on May 25, 2017 to discuss Hospira’s application for a proposed biosimilar of Amgen’s Epogen®/Procrit® (epoetin… more

The Supreme Court - May 22, 2017

The Supreme Court of the United States issued decisions in three cases today: TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341: Respondent Kraft Foods brought a patent infringement suit against petitioner TC Heartland in… more

US Supreme Court Clarifies Where Corporations Can Be Sued for Patent Infringement

The United States Supreme Court clarified that 28 U.S.C. § 1400 is the exclusive venue statute for patent infringement cases, so the definition of “residence” for domestic corporations is limited to where they are incorporated. This… more

Eyes Across the Atlantic: Coordination and Management of Global Private Antitrust Litigation

In years past, the focus of private international antitrust disputes was the United States. Over a century of experience, treble damages, class actions and the American rule for attorneys’ fees – plus robust enforcement by the… more

Supreme Court Reins in Venue for Patent Cases

For nearly three decades, patent owners have been able to file patent infringement lawsuits in any court that had personal jurisdiction over the accused infringer. This broad approach to venue led to the rise of remote patent… more

Update to NYC Salary History Inquiry Ban

In our prior post, we reported that the New York City Council had approved an amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting New York City employers from inquiring about a prospective employee’s salary history… more

Excessive pricing in pharmaceutical products attracts the European Commission's attention

In recent years competition authorities in a number of EU Member States have stepped up in their pursuit against companies active in the Life Sciences sector for excessive pricing. Last week, the European Commission issued a press… more

The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

Seyfarth Synopsis: In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position with one of the firm’s clients… more

Buy American Legislation in the 115th Congress

On April 18, 2017, President Trump unveiled his Administration’s Buy American and Hire American policy, signing an executive order aimed, in part, at targeting “the abusive use of waivers and exceptions that undermine ‘Buy American’… more

Intellectual Property Update: U.S. Supreme Court: Patent Infringement Lawsuits Should Be Filed in Defendant’s State of Incorporation

On May 22, 2017, the United States Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Federal Circuit, which had held that a claim for patent infringement could be brought in nearly any federal district… more

Update on Transaction Costs - 'Origin of the Claim' Analysis Will Decide Tax Allocations - Tax Update Volume 2017, Issue 3

While the Internal Revenue Service (IRS) has continued to issue guidance addressing the ability to deduct transaction costs, the doctrine of "Origin of the Claim" (OOC) developed over 50-plus years of case law is still the gold… more

HHS Office of the Assistant Secretary for Preparedness and Response Issues Series of Cybersecurity Updates in Response to WannaCry Attack

In response to the WannaCry ransomware attack that infiltrated the computer systems of health care systems and other entities worldwide on or around May 12, 2017, HHS’ Office of the Assistant Secretary for Preparedness and Response… more

Legal Aspects of Smart Contract Applications - Digital Asset Sales and Capital Markets, Supply Chain Management, Land Registries, Government Records and Smart Cities, and Self-Sovereign Identity

Smart contracts have received significant attention from legal academics and attorneys for the impact they may have on contract law and the role of lawyers. Some have also identified and described a series of use cases for smart… more

Unanimous Supreme Court Decision Limits Venue in Patent Infringement Suits

In yet another unanimous intellectual property decision, the United States Supreme Court recently held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. § 1400(b), “refers… more

Colorado Construction Defect Action Reform: HB 17-1279 Approved by Colorado Legislature; Governor’s Approval Imminent

Colorado developers frequently cite Colorado’s Construction Defect Action Reform Act (CDARA) as an obstacle to building new condominiums in the state. Developers contend that the law makes it too easy for condo boards to sue developers… more

The Computer Fraud and Abuse Act Will Need To Wait Another Day In The Commercial Division

Justice Shirley Kornreich recently issued one of the only decisions by the New York Commercial Division addressing the Computer Fraud and Abuse Act (“CFAA”). Spec Simple, Inc. v. Designer Pages Online LLC, No. 651860/2015, 2017 BL… more

Update: Trump Budget Expected to Include Paid Parental Leave

News reports have indicated that President Trump’s proposed budget for the federal government’s upcoming fiscal year, which will be released this week, is expected to include a benefit program that is new to most Americans: paid… more

Texas’ Loss is Delaware’s Gain: Navigating the Post-TC Heartland Landscape of Patent Litigation

On May 22, 2017, the U.S. Supreme Court disrupted nearly three decades of patent venue practice by reversing the Federal Circuit in TC Heartland v. Kraft Foods. The Supreme Court’s decision in TC Heartland significantly restricts where… more

Does FERC's Authority to Delegate Functions to Staff Survive the Loss of an Agency Quorum?

On May 25th, the Senate Committee on Energy & Natural Resources will hold hearings on President Trump's nominations to fill two commissioner vacancies on the Federal Energy Regulatory Commission (FERC). If confirmed, the nominees –… more

North Dakota’s UIC Class VI Primacy Wait is Almost Over

The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four years after… more

Hiding Behind Faith

A reasonable amount of uncertainty, speculation, and even fear is expected with any change. Recently, we have seen a change among states and laws governing child welfare agencies and same-sex adoption… more

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