Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

FCPA Remediation Focus on Supervisory Personnel

The Justice Department’s FCPA enforcement and remediation focus on supervisory personnel is an interesting development. On the one hand, DOJ has been slow to bring individual criminal enforcement actions for FCPA violations. At…more

Public Companies Should Consider Shareholder Reapproval of Section 162(m) Performance Compensation Plans Approved in 2012

As public companies continue to prepare for the 2017 proxy season, we wanted to provide a final reminder of an executive compensation related item that might require shareholder approval in 2017. As reported in Part 1 of our End of…more

[Video]FCPA Compliance Report-Episode 319-Brandon Essig on Prosecutor's View of the Yates Memo

In this episode I visit with Brandon Essig, a former DOJ prosecutor when the Yates Memo was released. He discusses the impact of the Yates Memo inside the DOJ and the triage that prosecutors use on cases in response…more

The Structure of Dismissals – Supreme Court’s Jevic Decision Lays Out Ground Rules for Parties Seeking to Resolve Bankruptcies Through the Increasingly Popular Method of Structured Dismissals

On March 22, 2017, the Supreme Court in Czyzewski v. Jevic Holding Corp., 580 U.S. __ (2017) held that a bankruptcy court does not have the power to approve a structured dismissal of a bankruptcy case that violates the Bankruptcy…more

The Impact of the New Administration on International Trade and IP Rights

As we finished out the first month of the New Year, President Donald Trump completed his first few weeks in the Oval Office. Critics and supporters alike watched and analyzed every move the new Commander in Chief made, while…more

[Video]Day 22 of One Month to Operationalizing Your Compliance Program-Operationalzing Compliance Through Compensation Incentives

The Evaluation of Corporate Compliance Programs, Prong 6, Incentives and Disciplinary Measures states: Incentive System – How has the company incentivized compliance and ethical behavior? How has the company considered the potential…more

Solar in the Frost: What to Watch Out For

As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make solar…more

Blacklisting Regulations for Government Contractors

On March 27, 2017, President Trump signed a joint resolution from Congress invalidating the “blacklisting” regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive Order. The president also issued his own…more

EEOC to Examine The State Of The Workforce And The Future of Work

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, April 5, from 9:30 a.m. to 12:30 p.m., EDT), at agency headquarters, 131 M Street, N.E., Washington D.C. The meeting, entitled "The…more

Supreme Court Hears “Church Plan” ERISA Class Action Cases

On Monday, the Supreme Court heard oral argument in the consolidated “church plan” cases, Advocate Health Care Network v. Stapleton, St. Peter’s Healthcare System v. Kaplan, and Dignity Health v. Rollins. As an initial matter, unless…more

IPRs Are Not Time Barred by an Earlier ITC Complaint

Since their introduction as part of the America Invents Act, Inter Partes Reviews (IPRs) have proven to be a powerful tool for parties accused on patent infringement. One important constraint on their deployment is a one year limit to…more

Strategic Partnership Announced between BioSig Technologies and Mayo Clinic

BioSig Technologies recently announced a ten-year strategic agreement with Mayo Clinic and Mayo Clinic Ventures. According to the press release, the agreement aims to advance clinical features of BioSig’s PURE EP System, which BioSig…more

N.D. Indiana: Employer Bears Burden of Proving Whistleblower Exhausted Administrative Remedies

On February 1, 2016, the Northern District of Indiana ruled in a case brought under the Federal Railroad Safety Act (FRSA) that whether a whistleblower has fulfilled relevant administrative requirements prior to filing suit is a…more

So – Are LGBTQ Rights Protected under Federal Employment Law or Not?

The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as clear as…more

Watch for the Fox in Your Henhouse: Gig Companies at Risk

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to the rest of…more

Blog: Investigate Piwowar?

Not everyone is pleased by the actions taken by Acting SEC Chair Michael Piwowar directing the SEC staff to review the conflict minerals and pay-ratio disclosure rules. In fact, today, four Senate Democrats on the Senate Banking…more

Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Feb. 9, 2017), Virginia Magistrate Judge Pamela Meade Sargent ruled that the plaintiff’s placement of privileged information on a file share site…more

CFPB Focuses on Incentive-Based Compensation Programs

Incentive-based compensation programs have long been a focus of banking regulators, but recent actions suggest that the issue is back at the top of the regulatory watch list. Specifically, action by the Consumer Financial Protection…more

The Manager-in-Charge Regime: Ruffling feathers in the year of the Rooster?

On 16 December 2016, the Securities and Futures Commission (SFC) announced the introduction of a Manager-in- Charge initiative (MIC Regime) aimed at increasing the accountability of the senior management of Hong Kong licensed…more

RMBS Trustee Defeats Motion to Certify Class

On March 21, 2017, Judge Alison Nathan of the United States District Court for the Southern District of New York denied plaintiff’s Motion to Certify Class without prejudice in Royal Park Investments SA/NV v. Deutsche Bank National…more

The Top 10 Government Contracting Compliance Headaches in 2017

In the government contracting industry, compliance related issues tend to take place. With administration and party changes, 2017 promises to offer additional complexities. Confusion amongst government contracting professionals…more

Sometimes a Belt & Suspenders Aren’t Enough

Even the most cautious lawyer might think that Columbia North Hills Hospital had done enough to compel arbitration when a former employee sued for sexual harassment, retaliation, and negligence. The trial court thought so. It granted…more

Alert: Congress Has Repealed the FCC’s Privacy Rules – Now What?

By narrow and largely party-line votes, the Senate and the House of Representatives have repealed the Federal Communications Commission's privacy rules. The repeal occurred pursuant to the Congressional Review Act (CRA), a seldom used…more

Landfill Expansion Project Halted by MassDEP

Company Settles MassDEP enforcement case, Reaches Agreement with MassDEP to split $10 Million Cost to Construct Drinking Water Line and Receives Notice of Intent to Sue from Environmental Groups - A proposal to expand the…more

Nominations Open For Annual Rosalind Franklin Award

On March 8, 2017, the Biotechnology Industry Organization (BIO), a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that nominations for the fourth annual Rosalind Franklin Award for Leadership in…more

Article 50 triggered: implications for employers and pension schemes

Overview - The Prime Minister has issued formal notice of the UK’s intention to leave the European Union, triggering the start of a two-year negotiation process. The countdown has begun – but a countdown to what? As with the…more

OSHA Staying the Course…for now…

At a recent American Bar Association meeting, Dorothy Dougherty, Acting Assistant Secretary of Labor for OSHA and Tom Galassi, Acting Deputy Assistant Secretary of Labor for OSHA both noted that while there has been a change in the…more

House votes to eliminate antitrust exemption for health insurers

While the House of Representatives put repeal of the Affordable Care Act (ACA) on hold last week, it passed legislation that would eliminate the 70-year-old "McCarran-Ferguson" antitrust exemption for the insurance industry. The…more

Manatt Digital - March 2017

Mobile Games' Booming Market: Opportunity for Hollywood and IP Owners - The mobile games market is growing at a record-breaking pace. The market reached a new high in 2016, generating more than $40.6 billion in worldwide revenue…more

Brexit: It’s Finally Official After nine months of discussion and debate, Article 50 has been triggered

Nine months after a majority of the United Kingdom’s electorate voted to leave the European Union (EU) in the referendum of 23 June, 2016, the country’s government has today (29 March, 2017) formally notified the European Council of…more

The Latest Executive Order: Any Kind of Consistency Is the Hobgoblin of Little Minds

Make no mistake, the Executive Order signed by President Trump at EPA yesterday is a big deal. Time will tell whether the Administration’s U-turn on the Obama rules currently in litigation, such as the Clean Power Plan and the rule on…more

Man Convicted of “Reckless Endangerment” in Drone Accident; Civil Suit Likely to Follow

On February 24, 2017, a Washington judge sentenced Paul M. Skinner to 30 days in jail and a $500 fine for “reckless endangerment” arising from the use of a personal drone. Skinner lost control of the two-pound drone during Seattle’s…more

Ten Things You Must Know About the Seattle Secure Scheduling Ordinance

The City of Seattle is gearing up for the Secure Scheduling Ordinance to take effect in July. Proposed rules have been issued and public comments are due today. Lane Powell has identified below the top 10 things that employers should…more

Medicaid's Growing Role for SUD Services in Montana

Editor's Note: Montana's 2016 expansion of Medicaid provides an important opportunity to strengthen the state's substance use disorder (SUD) prevention and treatment system. In a new report for the Montana Healthcare Foundation…more

University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschatfen E.V. (Fed. Cir. 2017)

Despite the Supreme Court's admonition, in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., that attorney's fees and other measures of enhanced damages be granted, in a district…more

Economic regulation in the face of declining demand

Overview of decision - On 28 March 2016, the Federal Court dismissed Telstra's appeal against the ACCC's October 2015 decision setting the prices for fixed line telecommunications services. In upholding the ACCC's decision…more

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring during…more

PPI Complaints – FCA publishes final rules and guidance

Payment Protection Insurance (PPI) mis-selling has been a huge issue for firms. Not only has it damaged public trust and confidence but it has also been an enormous drain on resources with firms handling over 18.4 million PPI…more

Manatt on Health Reform: Weekly Highlights - March 2017 #4

States react to the failure of the AHCA; the HHS Inspector General launches an investigation into the Trump Administration's suspension of Marketplace enrollment outreach efforts; and the Kansas Legislature sends a Medicaid expansion…more

Appellate Court Mows Down Objections to Preliminary Injunction

Addressing preliminary injunction issues in a case between two competitors, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of the injunction, finding that the plaintiff would likely suffer…more

"UK Serves Notice of Withdrawal From the EU, Triggering Two-Year Negotiation Period"

UK Prime Minister Theresa May today served formal notification of the UK’s intention to withdraw from the European Union (EU) pursuant to Article 50 of the Treaty of Lisbon. This action commences a period of up to two years for…more

Transportation Risks in Latin America: the Importance of Infrastructure

Cargo capacity and operation techniques have changed dramatically over time. Containers and “intermodalism” now allow cargo to be carried with minimum interruption by ships, trucks and/or trains. To boost efficiency, there has been a…more

TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in value over…more

American Health Care Act Pulled From House Floor: No New Legislation to Repeal and Replace ACA

The much-anticipated vote by the U.S. House of Representatives on the “American Health Care Act,” also known as “AHCA” or the “Obamacare replacement bill,” was cancelled last week, leaving many to ask “what now?” As noted in our…more

Brexit: Step-by-step guide to the UK's exit from the EU

UK Prime Minister Theresa May has today triggered Article 50 of the Treaty on European Union (TEU) by formally notifying the European Council of the United Kingdom's intention to leave the European Union. The timelines for…more

US Supreme Court Invalidates NLRB Acting General Counsel Appointment

Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon. On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc. invalidated…more

Our Top Ten Tips On Following The Brexit Process

Nine months after the UK voted to leave the EU, the formal exit process has finally started. Within two years, the UK will be out of the EU either on agreed terms or cast adrift with no deal. The negotiating rhetoric and…more

2017 Federal Budget measures affecting the energy industry

There are several measures in this year’s Canadian Federal Budget that directly affect the energy industry. This is a highlight of these proposed changes…more

There will be a morning after

I was pleased to attend the NAPA 401(k) Summit helping my friends at Alliance Benefits Group at their booth. One vibe that I got from the event was a common one. The fear of the fiduciary rule and the fear of tax reform and how it…more

Let’s Go, Big ©! Let’s Go! U.S. Supreme Court Backs Copyright Protection for Cheerleading Uniforms

In a decision that may have broader implications in the U.S. fashion industry, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc. (No. 15-866) ruled that the decorative elements on a cheerleading uniform can fall…more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Ervin Cohen & Jessup LLP provides a full range of business-related legal services, because we find that very often what we learn by working in one area has implications and lessons for complimentary…

[ About | Legal Updates ]