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Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking in the 10th Circuit

The United States Court of Appeals for the Tenth Circuit recently vacated the Consumer Product Safety Commission’s (CPSC) 2014 rulemaking that prohibits the importation and distribution of high-powered, small, rare earth magnet sets…more

The big winner for the Fiduciary Rule

There are certainly going to be lots of losers when the fiduciary rule gets implemented and there is going to be one clear winner. I’m not talking about registered investment advisors or attorneys who made a mint in getting…more

FTC Announces Increased Thresholds for HSR Premerger Notifications and Interlocking Directorates

The Federal Trade Commission (FTC) announced on January 19, 2017 the revised transaction thresholds that trigger the requirement to file a premerger notification and report form under the Hart-Scott-Rodino Antitrust Improvements Act…more

CFPB Sues Bank Over Overdraft Sales Pitch

The CFPB’s concern with incentives and overdrafts continues and has resulted in a lawsuit filed against a Minnesota based TCF National Bank. In the lawsuit, the CFPB alleges that TCF National Bank violated the UDAAP provisions of the…more

U.S. Supreme Court to Decide Class Action Waiver Divide

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers: National Labor Relations Board v…more

MLS 2017 Outlook: Immigration

Throughout the 2016 presidential campaign, immigration policy became one of the most visible and controversial policy issues, especially with both candidates kicking off the race by outlining their visions for a new immigration policy…more

[Webinar] New Audit Guidelines for Higher Educational Institutions - February 1st, 11:00am CT

On Wednesday, February 1, Mike Wherry, a CPA with 25 years of experience in the public sector to postsecondary schools will join Aaron Lacey in presenting a webinar focusing on the four main changes that were issued in the September…more

US Supreme Court to Decide Whether Foreign Defendants May Be Served by Mail

The U.S. Supreme Court has decided to review a key issue concerning service abroad of process on foreign defendants — namely, whether foreign defendants may be served by mail. The case, Menon v. Water Splash, Inc., marks the first time…more

The Value of a Strategic Approach to Insurance Coverage Disputes

Robins Kaplan partner and co-chair of our retail industry practice group, Anne Lockner, recently published an InsideCounsel article about the distinction between being aggressive and being strategic in litigation and negotiations…more

Operating Agreement Trumps Falsified Liquor License Application In Dispute Over LLC Membership

Oh, the things that can happen when the LLC members identified in the company’s operating agreement differ from those identified in official documents submitted to government agencies…more

Tennessee Court of Appeals Cleans Up Questions on Dog Groomers' Employment Status

Individuals performing the main function of your business cannot be classified as independent contractors in Tennessee. At least, that’s what the Tennessee Court of Appeals ruled recently when analyzing whether the Tennessee Department…more

Federal Circuit Affirms Eligibility of Financial Services Software Patent

The Federal Circuit, in Trading Technologies Intl., Inc. v. CQG, Inc., affirmed a district court decision holding that two patents related to a method and system for the electronic trading of stocks, bonds, futures, options, and…more

Your Daily Dose of Financial News

Judge John Bates of the US District Court for DC has blocked a proposed $37 billion mega-health-care-merger between Aetna and Humana, one of 2 major deals before the courts opposed by the Obama-era DOJ over antitrust concerns…more

Oil Industry Custom and the Model Form JOA: A Debate

We begin with an existential question: “The philosophy behind all of the model form agreements is that aggressive drilling under the JOA should be promoted and rewarded. Agree or disagree?…more

Why (and How) Webinars Work, By the Numbers

ON24 wanted to develop some best practices based on cold, hard facts, so we took a sample of 12,870 webinars (from a random selection of 60,000 we hosted, worldwide, in 2015) and ran the numbers. Here’s what we learned - and what you…more

Second Circuit Upholds EPA’s Water Transfers Rule

The U.S. Court of Appeals for the Second Circuit upheld the U.S. Environmental Protection Agency’s Water Transfers Rule last week. Catskill Mountains Chapter of Trout Unlimited, et al. v. EPA, et al. 14-1823, 14-1909, 14-1991, 14-1997…more

Current good manufacturing practice requirements for combination products

On January 11, 2017, the U.S. Food and Drug Administration (FDA) issued a final guidance document entitled “Current Good Manufacturing Practice Requirements for Combination Products.”[1] This guidance describes and explains the…more

Employers: April 3 Start Date for 2018 H-1B Visa Applications

Employers may first apply for Fiscal Year 2018 H-1B visas for individuals not currently in H-1B status on Monday, April 3, 2017 for a start date of October 1, 2017…more

Roxane Labs., Inc. v. Camber Pharms. Inc.

Case Name: Roxane Labs., Inc. v. Camber Pharms. Inc., No. 2016-1028, 2016 U.S. App. LEXIS 20590 (Fed. Cir. Nov. 17, 2016) (Circuit Judges Lourie, Mayer, and O’Malley presiding; Opinion by Lourie, J.) (Appeal from D.N.J., Chesler…more

Report: Successful Webinar Benchmarks

What makes for a successful webinar? Here’s a remarkable benchmark report answering that question by looking at all aspects of a webinar: registration, promotion, scheduling, attendance, interaction, on-demand viewing, and more. The…more

Immigration Under the New Administration: H-1B Visas and What to Expect

With the Trump Administration taking office, it is expected that changes to immigration policies will be carried out swiftly and, to a large extent, in an unapologetically straightforward manner. While the initial public focus will…more

FTC Announces 2017 Thresholds Under HSR Act and Clayton Act

Primary HSR filing threshold will be raised to $80.8 million - The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation. As is our…more

Massachusetts Determination of Need Program – Final Regulations

The Massachusetts Department of Public Health (DPH) Determination of Need (DoN) Program has promulgated final DoN regulations (shown here compared against the draft revisions.) Approved by the Massachusetts Public Health Council (PHC)…more

New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies

For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article highlights…more

Court Affirms Trading Technologies International Ruling, Upholding GUI Patent

The Court of Appeals for the Federal Circuit issued an opinion affirming the district court’s finding that claims to a graphical user interface (GUI) were patent-eligible under 35 U.S.C. § 101…more

Towards a UK Investment Act?

NOTE: This client alert was originally published 9 November 2016, and has been updated to reflect subsequent developments. Against the background of UK policy moving towards a more nationally-led trade and investment policy…more

Mutual Funds Come Clean: Brokers Can Set Fund Share Sales Charges

The staff of the SEC’s Division of Investment Management effectively allowed brokers to determine the commissions they will charge their customers who buy “Clean Shares” of mutual funds. In a “no-action” letter dated January…more

SEC Staff Allows Brokers to Set Fund Commissions with “Clean Shares”

The SEC’s Division of Investment Management issued a no-action letter on January 11, 2017 explicitly permitting brokers to set their own commission rates for sales of so-called “clean shares” of mutual funds. Previously, as required by…more

Health Update - January 2017

Top Five Healthcare Antitrust Trends to Watch in 2017 - Antitrust enforcement and litigation had a big year in 2016. In this article, we look back at the most significant cases for the healthcare industry over the last year to…more

District Court Orders Production of Attorney-Client Communications Between Opinion Counsel and Trial Counsel Based on Advice of Counsel Defense

Plaintiff Krausz Industries Ltd. ("Krausz") filed a motion for an order compelling Defendants Smith-Blair, Inc. and Sensus USA, Inc. (collectively "Smith-Blair") to allow discovery into various attorney-client communications and work…more

What Employers Can Divine From The Largest Workplace Class Action Settlements Of 2016

Seyfarth Synopsis: This is the second in a continuing series of blog posting on key trends impacting employers identified in our 2017 Workplace Class Action Litigation Report. This posting discusses and analyzes key class action…more

Judge Bloom Hits Bombardier with Enhanced Ongoing Royalty Damages and Treble Damages Following Patent Infringement Loss

On January 3, 2017, Judge Bloom of the Southern District of Florida added nearly $1 million in pre-judgment interest to the damage figure of roughly $48.2 million already owed by Bombardier to Arctic Cat due to a finding of willful…more

Evidence of Geographic Change in Central America from Genome Studies of Eciton Ant Species

"It was a sight no one could ever forget. Over the range of hills, as far as eye could see, crept a darkening hem, ever longer and broader, until the shadow spread across the slope from east to west, then downwards, downwards…more

Judgments

Third party litigation funding – Court of Appeal decision on costs liability - Excalibur Ventures LLC v. Texas Keystone Inc and others [2016] EWCA Civ 1144 - November 2016 saw the Court of Appeal unanimously dismiss an appeal…more

3-Day-Rule Eliminated for E-Service and Other E-Filing Rules Amendments

The New Year brought with it many new rule changes for federal and California courts, including in the area of electronic service and filing. A few key rules regarding requirements for electronic paperwork and service are summarized…more

OMB Issues Memo To Agencies Regarding Breaches Of Personally Identifiable Information

On January 3, 2017, the Office of Management and Budget (“OMB”) released to heads of executive departments and agencies a memorandum entitled Preparing for and Responding to a Breach of Personally Identifiable Information (the…more

Court of Appeals Grants Leave to Appeal in Partnership Dissolution Case

On January 10, 2016, the New York Court of Appeals decided to hear a case that has significant consequence in the field of partnership dissolution. The case, Congel v. Malfitano,[1] concerns the allegedly wrongful dissolution of a…more

The Impermissible “Fail-Safe” Class under Federal Rule of Civil Procedure 23

The Supreme Court, in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), set a high standard for class certification under Federal Rule of Civil Procedure 23 (“Rule 23”). Under Rule 23(a), the party seeking certification must…more

Land Use Boards/Subsequent Application Doctrine

Land use boards, especially planning and zoning boards, are often faced with applications to develop property that are similar to prior applications to develop the same property. Since the New Hampshire Supreme Court’s decision in…more

Could “The Last Jedi” Actually Be Practicing Religion in Your Workplace?

Yesterday, news came out that Episode 8 (I mean, VIII) of the Star Wars series would be named “The Last Jedi”. Which reminded me about an article in The New York Times I saw a few weeks ago that I had been meaning to write about…more

House of Representatives Passes the HALOS Act (Again), But Is It Really Necessary?

On January 10, 2017, the House of Representatives passed H.R. 79, the “Helping Angels Lead Our Startups Act” (the “HALOS Act”). The HALOS Act was originally passed by the House of Representatives as H.R. 4498 on April 27, 2016, but the…more

New FAR Changes Incentivize Prime Contractors Not to Be Deadbeats in Meeting Their Payment Obligations to Their Small Business Subcontractors

One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business strategy –…more

Matter of Dhanasar Breathes New Life into NIW Green Card Category

At the end of the 2016 calendar year, the Administrative Appeals Office (AAO) published a welcome precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). In this case, the AAO has significantly revised the framework for…more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome regulations. The…more

Important Takeaways from DHS’s Proposed Rule on Controlled Unclassified Information

The Department of Homeland Security (DHS) has now officially entered the government data security fray with its own proposed rule (HSAR Case 2015-001; 82 FR 6429; Jan. 19, 2017) for safeguarding Controlled Unclassified Information…more

Supreme Court Deflates Sino Legend Cert Petition

On Monday, January 9, the Supreme Court denied a petition for certiorari from Sino Legend Chemical Co., Ltd., concluding litigation that began with a Section 337 complaint filed more than four-and-a-half years ago by SI Group, Inc. In…more

You Lost Your Case to the IRS: Are Accountant and Lawyer Fees Deductible?

Section 212(3) of the Internal Revenue Code [Code] provides in pertinent part: “In case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in…more

Republican members of House Financial Services Committee release new report on CFPB’s auto finance actions

Republican members of the House Financial Services Committee recently released a report, prepared by the Republican Staff of the Committee, titled “Unsafe at Any Bureaucracy, Part III: The CFPB’s Vitiated Legal Case Against Auto…more

Projects and Energy Weekly Snippets

Weekly projects and energy updates in South Africa - Brown secures an Eskom cut-off reprieve - Indebted municipalities have been handed a reprieve from scheduled power outages after Public Enterprises Minister Lynne Brown…more

Second Circuit Overturns Southern District in Marblegate

On Jan. 17, the U.S. Court of Appeals for the Second Circuit vacated the decision of the District Court for the Southern District of New York in Marblegate Asset Management, LLC v. Education Management Finance Corp., finding that…more

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