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[Audio]K&L Gates Health Care Triage: Introduction & Overview

If you work in the health care industry, you have grown accustomed to frequent changes in laws and regulations. On some days, it may seem like an insurmountable task to keep up with every change, especially as a new presidential… more

Federal Circuit Criticizes PTAB Reliance On Routine Testing

In Honeywell International, Inc. v. Mexichem Amanco Holdings S.A. DE C.V., the Federal Circuit vacated the decision of the USPTO Patent Trial and Appeal Board that invalidated Honeywell’s patent in an inter partes reexamination… more

UIM Claims – Still No Bad Faith for Refusal to Settle, But….

South Carolina has never recognized a bad faith cause of action based upon the failure of an underinsured (UIM) carrier to settle a UIM claim. Maintaining the established precedent, the United States District Court recently refused to… more

Good Risperdal Times, Part Three: Summary Judgment for Janssen in Philadelphia

We write this in the first minutes of the eclipse, about 75 minutes from whatever “totality” will be visible here in southeastern Pennsylvania. We have our certified safety glasses at the ready, we have instructed the midday dog-walker… more

Context Is Key in Age Discrimination Cases

In Charles T. Merrick v. Hilton Worldwide, Inc., et. al. (No. 14-56853, filed 8/16/17), the United States Court of Appeals for the Ninth Circuit applied a nuanced analysis within the McDonnell Douglas burden-shifting framework to… more

DOJ Slaps Wristband Maker With Price-Fixing Fine

The U.S. Department of Justice recently announced that Zaappaaz Inc., a Texas-based online retailer of customizable promotional products, and the company’s president, Azim Makanojiya, have agreed to plead guilty to conspiring to fix… more

Superior Court of Pennsylvania Holds Management Companies of Long-Term Care Facilities May Be Vicariously Liable for Corporate Negligence

On August 8, 2017, nearly twelve years after Plaintiff Robert Scampone initiated suit against skilled nursing facility Highland Park Care Center (Highland Park) and its management company Grane Healthcare Company (Grane) following the… more

Federal Regulation of Self-Driving Cars

The first self-driving car appeared on public roads in 2009. Since then, hundreds of other companies have begun working on various technologies designed to put self-driving cars on public roads, and the regulation of autonomous… more

Federal Reserve Considers Changes to Board of Director Expectations

The Board of Governors of the Federal Reserve System requested public comment on a proposal intended to enhance the effectiveness of boards of directors, refocusing the regulator’s supervisory expectations of boards… more

How Often Did the Illinois Supreme Court Reverse Death Penalty Judgments (Part 1)?

This week, we begin a dual project on the Illinois Supreme Court Review and the California Supreme Court Review – comparing the two states’ experience with automatic appeals of death penalty verdicts. Illinois has had a tumultuous… more

Broadcasters Encounter FCC System Obstacles in Meeting Monday Deadline for EAS Form 1 Filing

The FCC and FEMA have established September 27, 2017 as the date for the next nationwide test of the Emergency Alert System (EAS). Like last year’s test, all EAS participants must file Form 1 a month before the test. The Form 1 has… more

The Course - Where Golf And Business Meet

After being lucky enough to hit the links a few times this year for business marketing purposes, including at the Aviation Insurance Association conference, the O’Hare Rotary Outing, and the Chicago Aviation Business Association, the… more

How Variations In The Law on Deceptive Conduct Can Affect Litigation Strategy

North Carolina is not the only jurisdiction with a statute that prohibits deceptive conduct. These statutes, however, are not identical. Today’s post shows how the variations among these statutes can affect litigation strategy… more

Forum Fiesta

The U.S. remains an irresistible forum for injured airline passengers from all over the world to press their claims. As a result, court decisions addressing lawsuits over foreign airline accidents often revolve more around the… more

The Business of Trademarks: Part 1

You’re a small business owner from central Pennsylvania on vacation in Helena, Montana. You’re on your way to your campsite and look up to notice a billboard, one of the hundreds you’ll see while on your trip. However, this one catches… more

D.C. accepting student loan servicer license applications; CT adopts student loan servicing standards

D.C. License Applications. The District of Columbia Department of Insurance, Securities and Banking recently started to accept applications and transition fillings for a Student Loan Servicer License on the National Mortgage Licensing… more

EMA further supports Small and medium-sized enterprises (SMEs) with a new Action Plan

The European Medicines Agency (“EMA”) has sought to support Small and Medium-sized Enterprises (SMEs). As part of this effort, the EMA has launched a new Action Plan to address the challenges that confront SMEs and their stakeholders… more

Russia Under Scrutiny

Earlier this month, the Office of the U.S. Trade Representative (“USTR”) published a notice seeking public comment and participation in a hearing on Russia’s implementation of its obligations under the World Trade Organization (“WTO”)… more

Bristol-Meyer Squibb: The Death Of “Forum Shopping” Or “Same Old-Same Old”

The United States Supreme Court recently decided that “California courts lack specific jurisdiction to entertain the nonresidents’ claims.” Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (U.S. June 19, 2017) (slip… more

Executive Order Seeks to Expedite Federal Infrastructure Review Process

President Trump issued a new executive order that seeks to streamline the Environmental Review and Streamlining Process. Most local infrastructure projects that ultimately involve the use of eminent domain depend upon federal… more

FTC Blog Post Series Makes Common Sense Of Data Security

Recently, data security experts and regulators have said that “businesses should use a common sense approach” when addressing data security. However, rarely do I hear clients or other business professionals speak in those terms. Many… more

Trump Track: Executive Order To Speed Infrastructure Projects

On August 15, 2017, President Trump issued yet another executive order (EO) intended to speed environmental review of infrastructure projects. His first executive order with that objective, issued January 24, 2017, was devoid of detail… more

Fourth District Rejects CEQA Challenge to College District’s Entry into Land Acquisition Agreement Prior to Preparing EIR Due to Plaintiffs’ Failure to Exhaust and Based on Merits

In a published decision filed August 8, 2017, the Fourth District Court of Appeal affirmed the trial Court’s judgment dismissing a CEQA action brought by two individuals (“Appellants”) against the Mt. San Jacinto Community College… more

Co-Investment: How Private Equity Firms Can Protect Themselves and Still Make Their Investors Happy

Co-investment is a major topic in the private equity industry these days. General partners of private equity funds are faced with more and more demand from investors for co-investment opportunities or, at a minimum, the option to… more

What Did You Miss At Oshkosh 2017?

This year marked my twentieth visit to “Oshkosh.” For the past 13 years, I’ve spent the entire week on the grounds to fully experience the unmatched activities, unique airplanes, and unforgettable moments. With each passing year… more

2-Year Statute Of Limitations Applies To HIV Patient’s Privacy Suit

A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent. The… more

Show Me the Money - Maximizing Monetary Recovery in the Wake of Insurance Fraud

Insurance fraud negatively impacts everyone. It drives up the costs of doing business, along with everyone’s premiums. In fact, according to the National Insurance Crime Bureau, insurance companies saw a 102% increase in this type of… more

Massachusetts Issues Proposed Regulation Imposing Sales or Use Tax Obligations on “Internet Vendors” Beginning October 1

On July 28, the Massachusetts Department of Revenue (the “Department”) issued Proposed Regulation 64H.1.7 (the “proposed regulation”) that, if adopted, would require “internet vendors” to collect and remit sales tax on sales to… more

Removed Corporate Trustee’s Refusal to Turnover Trust Assets to Individual Trustee Was Prudent and Appropriate

One of the most important considerations in creating a trust is selecting the appropriate trustee. Oftentimes this involves determining whether a corporate trustee is appropriate as either the sole trustee or together with one or more… more

Property Owner to Maintain Public Beach Access Over Coastal Property - California Court of Appeal Weighs in on California Coastal Act

Under the California Coastal Act, a beachfront property owner must maintain public access over his property — and will be required to seek a Coastal Development Permit if he wishes to limit such public access, a California appellate… more

Value Based Reimbursement: CMS Dials Back; Large Employers Forge Ahead

Last week, CMS announced in proposed rulemaking its proposal to cancel the Episode Payment Models (EPMs) and Cardiac Rehabilitation (CR) incentive payment model. It also announced plans to revise certain aspects of the Comprehensive… more

Standing And Plausibility In ERISA

Seyfarth Synopsis: A district court in New York has held that a plaintiff cannot assert claims against a plan in which she did not participate and cannot assert claims of fiduciary breach without plausible allegations of wrongdoing… more

Violations Of The Fourth Amendment And Other Concerns About Amendments To New Jersey’s Animal Cruelty Statute

In New Jersey, yet another bill amending the animal cruelty statute (S1640) was recently passed into law. The amendments “[e]stablish . . . requirements concerning necessary care of dogs, domestic companion animals, and service… more

Rating Agency Developments

On August 16, 2017, Fitch issued a report entitled U.S. RMBS Seasoned, Re-Performing and Non-Performing Loan Rating Criteria. Report. On August 14, 2017, Fitch issued a report entitled Sukuk Rating Criteria. Report… more

The Doxing Dilemma: A Popular Tactic of Social Activists and Cyber Bullies Alike Remains Mostly Legal

After counter-protests ended in tragedy, a small group of social media users took to Twitter to expose the identities of the white supremacists and neo-Nazis rallying in Charlottesville, Va. Since last Sunday, the @YesYoureRacist… more

Third Circuit Follows ANZ Securities Decision and Reverses for Dismissal of Exchange Act Claims as Untimely

On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court’s recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that case, the… more

[Video]Employment Law This Week®: NLRB’s Voting Unit Test, Electronic Acknowledgment of Arbitration Policy, Website Accessibility, CT’s Medical Marijuana Law

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact… more

Eleventh Circuit Clarifies Meaning of Consummation of Transaction in Dismissing Borrowers’ TILA Right of Rescission Claim

In Woide v. Federal Nat’l Mortg. Ass’n, the United States Court of Appeals for the Eleventh Circuit held that consummation of a contract for purposes of asserting a right of rescission under the Truth in Lending Act (“TILA”) occurs… more

Sixth Circuit Requires Actual Economic Injury for Price Comparison Class Actions

Earlier this week, the Sixth Circuit flatly rejected a bid by a consumer to recover damages allegedly caused by Wish.com’s advertised price comparisons. The online marketplace uses struck-through manufacturers’ suggested retail prices… more

Call Me Maybe: Equivocal Statements May Partially Revoke Consent Under TCPA

In a recent decision, the 11th U.S. Circuit Court of Appeals reversed a grant of summary judgment in favor of a bank on Telephone Consumer Protection Act (TCPA) claims, by holding that a consumer can partially revoke her previously… more

[Video]Day 16 of One Month to More Effective Continuous Improvement-Voluntary Monitoring

There are multiple areas in the Department of Justice’s Evaluation of Corporate Compliance Programs which intersect with the area of continuous improvement. In addition to Prong 9. Continuous Improvement, Periodic Testing and Review;… more

New EU Privacy Legislation Clashes with US Discovery Obligations: Forewarning for companies with employees on both sides of the Atlantic

The European Union is launching new privacy and data protection rules in May 2018. This new regulatory framework, known as the General Data Protection Regulation (GDPR) is known to have a substantial extra territorial reach (also… more

CA Supreme Court Rejects Proposed Exceptions to Interim Adverse Judgment Rule Defense to Malicious Prosecution Action

In Parrish v. Latham & Watkins (No. S228277 - August 10, 2017) (“Parrish”), the California Supreme Court examined the “interim adverse judgment rule” in a different context than previous decisions on the subject. The rule provides that… more

Seventh Circuit Affirms Dismissal Of Chicago Police Off-The-Clock Blackberry Case

I have blogged on this long, protracted saga many times and I am glad to see that with each posting, the judicial result does not change. The Seventh Circuit has now affirmed a lower court’s ruling that determined that Chicago police… more

Big Brother or Big Benefit? Weighing the Option of Microchipping Your Employees

A Wisconsin tech company made news in August 2017 for implanting microchips into the hands of willing employees. While it’s certainly worth keeping an eye on this technology and its uses, early adopter employers face many technological… more

Developments in New York and Colorado Cybersecurity Regulations

New York - For the first time since New York’s Cybersecurity Regulation (23 NYCRR Part 500) became effective on March 1, 2017, the Department of Financial Services (DFS) has issued Frequently Asked Questions to assist Covered… more

K2M Obtains Exclusive License to Patent Portfolio

K2M Group Holdings, Inc. recently announced its acquisition of a portfolio of 17 issued and pending patents for expandable interbody technology. According to K2M, the company is a global leader in the medical device industry and… more

Russia Sanctions - EU Expands Sanctions Following Alleged Diversion of Siemens Turbines

On August 4, 2017, the Council of the European Union (the “Council”) made six new designations to the list of persons subject to restrictive measures in respect of actions undermining or threatening the territorial integrity… more

Hot List – What’s Happening in the California Legislature 8/21-8/25

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week..… more

Twist & shout: California appellate court allows reverse veil piercing against LLC

The California’s Fourth Appellate District has concluded that “reverse veil piercing” is possible to add a limited liability company to a judgment against the 99 percent owner of that LLC, in a decision that distinguishes itself from… more

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