Latest Updates

In 2017 Legislative Sessions, New England States Continue to Lead in Clean Energy and Climate Change Measures

In their 2017 legislative sessions, New England states continued to show support for clean energy projects and policies, as well as efforts to reduce greenhouse gases, and continue to look to each other in determining what programs… more

Brexit Poses Issues For Airports, Airlines

The United Kingdom’s split from the European Union could leave the nation and United States without a trade agreement to manage the aviation industry. The aviation industry currently operates between the two nations under the Open… more

Renewable Energy Update - August 2017 #3

Renewable Energy Focus - Solar trade case weighs whether protection will save or sink industry - Washington Post - Aug 15 - Two solar manufacturers are begging the federal government for help, arguing that without… more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In a state… more

Cleveland Clinic Foundation v. True Health Diagnostics, LLC (E.D. Va. 2017)

District Court Finds Method of Detecting Claim to Be Directed to Patent Ineligible Subject Matter - Earlier this month, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, District Judge Leonie M. Brinkema of the U.S… more

SEC Report Asserts Cryptocurrency Tokens Are Securities Under US Law

The SEC’s published report of its first investigation focused on tokens sold in the context of an ICO sets the framework for future token offerings and raises red flags and legal hurdles to the resale or transfer of previously issued… more

Not a Token Gesture: Compensating Service Providers with Virtual Property

Questions surrounding the use of virtual currencies and other digital tokens (“tokens”) as compensation came to the forefront last month following formal guidance from the U.S. Securities and Exchange Commission (“SEC”) on token… more

Trademarks in the World of Golf - How In-House Counsel and Company Owners in the Golf Industry Can Take Stock of Their Game

Many of us golfers spent last weekend watching the PGA Championship at Quail Hollow. I was fortunate to be out on the course for Tuesday’s practice round where, in the early morning rain, I followed Justin Thomas as he assessed the… more

San Francisco Ordinance Prohibits Employer Salary History Inquiries

Beginning July 1, 2018, it will be illegal for San Francisco employers to ask job applicants to disclose their salary history. A number of similar laws have been enacted in cities and states across the country to address the gender and… more

Seventh Circuit Sends Police Officers’ Off-Duty BlackBerry Claims to Spam Folder

Employers often grapple with what to do when their policies prohibit off-duty work, like working on mobile devices after hours, that employees don’t follow. Even if it has a policy prohibiting off-duty work, if the employer knows (or… more

Forecast: Abundance of Potential New Rulemaking From the CFPB

After making headlines with its controversial arbitration rule, the embattled Consumer Financial Protection Bureau (CFPB or Bureau) released its rulemaking agenda for the rest of the year, putting financial services companies on notice… more

Ninth Circuit in Spokeo: Inaccurate Consumer Reports Support Standing in FCRA Cases

The U.S. Court of Appeals for the Ninth Circuit held that allegations that Spokeo Inc. published an inaccurate consumer report in violation of the Fair Credit Reporting Act established a concrete injury sufficient to confer Article III… more

Minnesota AG files lawsuit against pension advance companies

The Minnesota Attorney General announced that she has filed a lawsuit in state court against two pension advance companies. According to the AG’s press release, the companies often solicited borrowers through their own websites or… more

Unlawful administrative action

An update on the law on unlawful administrative action according to Merafong - Bidders and employers of projects in the public sector should be aware of the recent Constitutional Court judgment of Merafong City Local Municipality v… more

Alabama CON Report

I. For Informational Purposes Only - Contested Case - AL 2017-024, The Troy Hospital Health Care Authority d/b/a Troy Regional Medical Center, Troy, Alabama: Proposes to acquire, relocate and operate 18 geriatric psychiatric… more

Oregon Enacts New Law Impacting Overtime and Maximum Hour Limits for Manufacturers

A new Oregon law clarifies Oregon’s daily and weekly overtime laws and sets new maximum-hour limits for certain Oregon employers. The new statute, which Oregon Governor Kate Brown signed on August 8, 2017, requires most employers in… more

China proposes new rules to address perceived anti-competitive practices in the pharmaceutical industry

On 14 August 2017, the National Development and Reform Commission ("NDRC") released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients ("Draft Guidelines")… more

Denver City Council Approves Great Hall Project Development Agreement

In the early hours of August 15, 2017, the Denver City Council approved a $1.8 billion development agreement between the City and County of Denver’s Department of Aviation and Denver Great Hall, LLC, a consortium led by Madrid-based… more

Court Finds Condition of Supervised Release Invalid

In United States v. Browder, the Second Circuit (Cabranes, Lohier, Forrest, sitting by designation) has vacated in part an order finding that the defendant violated two conditions of supervised release. The Court’s decision sheds light… more

Ninth Circuit: Procedural Violations Can Meet Standing Test

This week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural statutory violations. In Robins v… more

CFPB issues reports on student loan repayment and repayment assistance programs

The CFPB has issued two new reports concerning student loans. The first report, “CFPB Data Point: Student Loan Repayment,” examines how the payment patterns of student loan borrowers have changed over the last 14 years. The second… more

Time for Compliance to Take a Stand

Chuck Duross has called the compliance profession “The Alamo” of corporate America, in that sometimes you must take a stand, draw a line in the sand and make the ultimate commitment to your values. Based upon the events in… more

Cordray's Departure Will Mean Big Changes at the CFPB

One of two scenarios will likely occur in the near future at the CFPB. Either Director Richard Cordray will be fired by President Trump (for cause), or Cordray will resign to enter the 2018 Ohio gubernatorial race. If either event… more

Got Privilege? When It Comes to Internal Investigations, Think Again …

Seyfarth Synopsis: A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations. But with a clear… more

Could Tax Reform Threaten Higher Education?

Given declining funding from government sources and the continued pressure to minimize tuition increases, it is critical for higher education institutions to encourage private giving. The primary catalyst for private giving is the… more

DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs

Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by submitting… more

The Tennessee Health Services and Facilities Report - August 2017

The Tennessee Health Services and Development Agency ("HSDA") is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need ("CON") is a permit for the establishment… more

Federal Government Does About-Face on Enforcement of Arbitration Agreements in Employment Contracts

One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While this has… more

Fenwick Employment Brief - Summer 2017 Update

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in California law… more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the Circuit… more

Trump Signs Executive Order to Streamline Environmental Review and Permitting Process for Infrastructure

On August 15, President Donald J. Trump signed a second executive order "streamlining" the federal environmental permitting process with a goal of making construction of transportation, water, and other infrastructure projects more… more

NAFTA Renegotiations – Are You Prepared for Changes in Supply Chain Operations and Market Growth Planning?

On August 16, 2017, the United States, Canada, and Mexico began renegotiating the North American Free Trade Agreement (“NAFTA”). According to reports, the negotiations are scheduled to be expedited in an effort to be complete before… more

SEC Approves NYSE Rule Change Regarding Dividend Notification Requirements

The SEC has approved a change to the NYSE’s rules which requires listed companies to provide dividend notifications to the Exchange at least 10 minutes prior to disseminating them publicly when the notification is made outside of… more

DOL Temporarily Shuts Down OSHA Injury Reporting Portal Because of Possible Data Breach

According to Bloomberg BNA, the Labor Department temporarily shut down OSHA’s (ITA) “Injury Tracking Application” portal for employers to report injuries and illnesses so that OSHA can investigate a “potential compromise” of a… more

Pharmacyclics Receives FDA Approval for Imbruvica in Treatment for Chronic Graft Versus Host Disease

On August 2, 2017, the U.S. Food and Drug Administration approved the use of Imbruvica® (ibrutinib) for the treatment of adult patients with chronic graft versus host disease (cGVHD) to Pharmacyclics LLC. Imbruvica® is the first… more

Combating climate change: NYDFS calls on insurance industry to help

On 26 July 2017, the New York Department of Financial Services (the “NYDFS”) issued Circular Letter No. 9 (2017) (the “Circular Letter”) and a corresponding press release, directed at all life, property/casualty, and health insurers… more

U.S. Withholding on Synthetic Trades over U.S. Equities—Further Delay of Full Implementation Until 2019 (Notice 2017-42)

In response to perceived abuses in taxpayers’ use of swaps and other derivative transactions (e.g., options, futures or forwards) to avoid withholding tax on U.S. source dividends, Congress added Section 871(m) to the Internal Revenue… more

Your Daily Dose of Financial News

Mylan will pay $465 million to federal authorities to resolve claims that it overcharged the Medicaid program by millions for its EpiPen products. Though large, the figure represents about a third of the estimated overpayments Medicaid… more

What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six months, a… more

Life University Sued By EEOC for Race Discrimination and Retaliation

Two Black Employees Targeted for Discipline Because of Their Race, Then Fired for Complaining About Discrimination, Federal Agency Charges - ATLANTA - Life University, Inc., the largest chiropractic college in the United States… more

Seventh and Ninth Circuit Decisions Provide Guidance on the Concrete Injury Analysis Required Under Spokeo

While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement still… more

The Ninth Circuit Revives Consumer Class Action, Finding Intangible Harm Sufficient to Confer Article III Standing

The six-year fight over the type of harm a plaintiff must allege to satisfy the “injury in fact” requirement for lawsuits alleging false reporting of credit information took its latest turn this week. On Tuesday, August 15, 2017, the… more

CFPB creates online form for regulatory questions

The CFPB has created a new online form for obtaining informal staff guidance on questions about CFPB regulations.  A link to the new form appears on the CFPB’s website on the “Compliance and guidance” page… more

CMS Proposal Terminates and Revises Mandatory Bundled Payment Models

On August 15, 2017, the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule which would cancel the Episode Payment Models (EPMs) and the Cardiac Rehabilitation (CR) incentive payment model, each of which were… more

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed at best a… more

Private Company Liquidity Programs

Nasdaq Private Market reports increased activity in private company liquidity programs. Companies that are choosing to stay private longer are using structured and controlled liquidity as a recruitment and retention tool, according to… more

Finding No Injury, First Circuit Tosses Deceptive Pricing Suits

In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against Nordstrom Inc… more

[Video]Generosity & Authenticity in Business Development: Market Leaders Podcast with AceTech's Jodi Kovitz

Join David Ackert as he interviews Jodi Kovitz, CEO of AceTech Ontario, in this episode of the Market Leaders Podcast. Tune in to hear David and Jodi discuss: - How Jodi's tenure as a BD executive at Osler informs her coaching… more

Liability for field trips: Munn v. Hotchkiss and ticks, Costa v. Plainville and basketball, and are there really any new obligations for public schools?

Last Friday (August 11, 2017), the Connecticut Supreme Court issued a decision garnering significant press attention in which it ruled that 1) Connecticut public policy imposes a duty upon schools to warn or protect against the risk of… more

Total Eclipse of … Liability?

We don’t mean to darken anyone’s day—we want our clients and their employees to join in on the 2017 eclipse festivities as much as everyone else—but we need to alert you as to some issues and suggest some precautions for employers to… more

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Mark Mansour is a Litigation & Dispute Resolution partner in Mayer Brown’s Washington DC office. He focuses his practice on federal Food and Drug Administration (FDA) regulatory matters. For more…

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