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Statute of Repose Bars Maryland Claims Arising From Exposure to Contaminated Fill

Exemplifying the power of the statute of repose as a defense to claims based on decades-old conduct under Maryland law, the Fourth Circuit held that claims stemming from hazardous improvements to real property were barred by the…more

Infocast Wind Power & Finance Investment Summit Soundbites

Below are soundbites from panelists at the Infocast Wind Power & Finance Investment Summit on February 28, 2017 in Rancho Bernardo, California.  The soundbites are organized by topic, rather than in chronological order, and were…more

Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

On February 17, 2017, the U.S. Department of Agriculture (USDA) announced it is accepting applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program. The Program provides guaranteed…more

Court Decertifies Class Challenging Timekeeping Practices

Yogi Berra often has been quoted for the phrase “It ain’t over till it’s over,” and Lenny Kravitz even made a hit song of it in 1991. While no one will likely ever make a popular song out of Rule 23, the phrase applies just as well to…more

Did the Union Cross the (Picket) Line?

Seeing men and women carrying placards in your front yard or outside of your business is never a comfortable feeling. Unions use picketing to organize workers; in other words, to convince workers that they should join a union or to…more

Department of Education and Department of Justice Withdraw Title IX Transgender Student Federal Guidance

On February 22, 2017, the Department of Education and the Department of Justice ("Departments") withdrew statements of policy and guidance on transgender students and their use of school restrooms and locker rooms that were a hot topic…more

[Video]Day 20 of One Month to a Better Board-20 Questions Directors Should Ask about Its Compliance Committee

I end my One Month to a Better Board series with a discussion from the recently released Justice Department Evaluation of Corporate Compliance Programs as it relates to a Board of Directors. In an area of inquiry entitled, “Oversight”…more

Keurig Settlement An Expensive Reminder About Product Defect Reporting Obligations

The United States Consumer Product Safety Commission (CPSC) recently announced a $5.8 million agreement with Keurig Green Mountain, Inc. settling claims that Keurig failed to report a product defect that posed an unreasonable risk of…more

Opportunity to Extend Development Orders and Permits for Almost 16 Months

Holders of permits and development orders have the opportunity to toll the period remaining to exercise rights under the permit or order for nearly 16 months. Section 252.363 of the Florida Statutes permits a tolling of development…more

Biosimilar Litigants Dispute Probative Value of Statements Exchanged During the Patent Dance

Patent owner Amgen has appealed to the Federal Circuit seeking to overturn a non-infringement ruling with respect to Apotex’s manufacturing processes for its biosimilar versions of Amgen’s NEULASTA® (pegfilgrastim) and NEUPOGEN®…more

Tax Court Holds IRC Charitable Contribution Subsection is not Self-Executing in the Absence of Regs

On December 22, 2016, the United States Tax Court (the “Court”) issued 15 West 17th Street LLC v. Commissioner, 147 T.C. No. 19 (2016) and addressed, a question related to the statutory construction of section 170(f)(8), which governs…more

No Exception for Latent Disease in N.C. Statute of Repose

Highlighting an area of unsettled law in North Carolina toxic tort litigation, a federal district court in the Eleventh Circuit held that the pre-2014 North Carolina statute of repose contained no exception for latent disease, barring…more

USDA Extends Comment Period On Biobased Product Categories For Federal Procurement

On February 21, 2017, USDA announced in the Federal Register that the comment period for the Designation of Product Categories for Federal Procurement proposed rule had been extended. The proposed rule aims to amend the Guidelines for…more

Employers Use of Background Check Reports and Limitations on Use

Are you an employer that conducts pre-employment background checks for new hires, or maybe background checks for existing employees for promotion, reassignment or retention purposes? Ever randomly wonder if you can use that report and…more

Rating Agency Developments

On February 22, 2017, DBRS issued a report entitled DBRS Criteria: Recovery Ratings for Non-Investment Grade Corporate Issuers. Report. On February 22, 2017, DBRS issued a report entitled Rating Companies in the Services Industry…more

Cybersecurity: Top Reads Right Now

A recap of most popular cybersecurity reads on JD Supra over the last month…more

Oral Contracts to Make Wills

The vast majority of people have no idea that Virginia law recognizes oral contracts to make a will. As a result, people often miss out on asserting a claim to an inheritance because they didn’t know that they had one to begin with…more

Cloudflare Software Bug Causes Data Leak

Cloudflare, Inc., a provider of performance and security solutions for websites, recently disclosed that a software bug caused it to leak customer data that was then cached by search engines. Uber, Fitbit, and OkCupid sites may have…more

Projects and Energy Weekly Snippets

NERSA caps Eskom tariff hike at 2.2% - The National Energy Regulator of SA (NERSA) said on Thursday Eskom’s tariff increase for 2017-18 would be limited to 2.2% when the new prices come into effect on 1 April…more

Your Daily Dose of Financial News

It may lack some of the flourish of a BBG missive, but you can be sure that plenty of insiders are paying close attention to Mr. Buffet’s annual letter to Berkshire Hathaway shareholders…more

Business Appraisers Spar Over Tax Rates, Market Approach and Other Key Issues in Fair Value Buy-Out Case

As promised in the postscript to last week’s post about the appellate ruling in the Gould case, affirming Justice Platkin’s order granting the oppressed minority shareholder’s dissolution petition involving a pair of construction…more

Recent Schedule 14N Filings

GAMCO Asset Management Inc. made the news when it became the first to submit a Schedule 14N announcing a nominee for National Fuel Gas’ board of directors using a proxy access by-law. The nomination was rejected by National Fuel Gas…more

Federal Government Reverses Position on Transgender Students’ Use of School Facilities

Education Alert February 27, 2017 On February 22, 2017, the Department of Education and the Department of Justice withdrew two guidance letters from January 2015 and May 2016 that explained the former administration’s position that…more

General “Desire” to Improve Can Provide Sufficient Rationale to Combine References

Pointing to the “normal desire” of scientists to improve what is already known as a rationale to combine, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB’s) inter partes reexamination…more

Covered Business Method Patent: You Keep Using Those Words … We do not Think They Mean What You Think They Means

In Secure Access, LLC v. PNC BANK NATIONAL ASSOCIATION, [2016-1353] (February 21, 2017), the Federal Circuit vacated the Board’s decision in CBM2014-00100 on the ground that U.S. Patent No. 7,631,191 on a “system and method for…more

Review of Dodd-Frank: Another Ride on the Regulatory Roller-Coaster?

The recent Executive Order seeking to curtail financial regulation put in place in the wake of the 2008 financial crisis will undoubtedly have widespread implications for credit unions. Such regulation – notably the Dodd-Frank Wall…more

Medicare Advantage Plans Under Siege: Another Whistleblower Lawsuit

In a court decision last year in Swoben v. United Healthcare, the United States Court of Appeals for the Ninth Circuit held that an allegation – that a Medicare Advantage Plan performed a “biased” HCC-RAF retrospective medical review…more

SEC Grants Limited Relief from the Custody Rule for Advisers Relying on Clients’ Standing Letters of Instruction

In a letter to the Investment Adviser Association (IAA), the Staff of the Division of Investment Management said that investment advisers acting pursuant to a standing letter of instruction or other similar asset transfer authorization…more

The Rosenbaum Law Firm Review - February 2017

Why an Employer Should Sponsor A 401(k) Plan. Lots of good reasons. As an employer, a big reason for setting up a retirement plan is because it's an employee benefit and it can be used to recruit and retain top-level…more

US SEC and Hong Kong SFC Sign New Memorandum of Understanding

The US Securities and Exchange Commission (SEC) and the Hong Kong Securities and Futures Commission (SFC) have signed a Memorandum of Understanding (MOU) which came into effect on January 18, 2017. The subject of the MOU is mutual…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - January 2017 - Issue 1: European Union Legal Developments

AIFMD - ESMA Updates Q&As on the Application of the AIFMD - ESMA updated its Q&As on 16 December on the application of the AIFMD. The revised Q&As include one updated question and answer on reporting obligations by non-EU…more

Belgian FSMA's position on unfair terms in financial instruments

The Belgian Financial Services and Markets Authority (FSMA) published a communication regarding the application of the unfair terms legislation in the context of the offering of securities to consumers (the Communication). -…more

NC Legislative Update: February 2017 #4

This Week - Governor Cooper (D) held a budget press conference on Monday to unveil some of the highlights that his budget proposal will include. One of the most discussed highlights is raising the average teacher pay to $55,000 by…more

Rejecting Pendency of Related Cases as a Dominant Factor, Federal Circuit Orders ED Texas to Transfer Patent Infringement Case to ND California

In re Google, Inc., Case No. 2017-107 (Fed. Cir. Feb. 23, 2017)(nonprecedential). The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of Texas to…more

Insight from the DOJ Fraud Section

Without fanfare, on February 8 the Fraud Section of the Department of Justice (DOJ) published new corporate compliance guidance on its public website. The guidance is presented as a set of topics and questions, entitled “Evaluation of…more

Chairman McCaul Warns The United States Is Falling Behind In Cyber War

At the 2017 RSA Conference held last week in San Francisco, California, House Homeland Security Committee Chairman Michael McCaul (R-TX) was ominous in his assessment of the country’s efforts to deter cyber-attacks. In a keynote speech…more

New York Financial Services Cybersecurity Regulations Go Into Effect on March 1st

We have previously reported about the upcoming New York Financial Services Cybersecurity Regulations. On February 16, 2017, Governor Andrew M. Cuomo announced that “the first-in the-nation cybersecurity regulation to protect New York’s…more

Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA…more

Update: DOL Regulation for Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations governing payment of wages by direct deposit or payroll debit card. The regulations were scheduled to…more

Covenant Transport To Pay $30,000 To Settle EEOC Disability Discrimination Suit

Trucking Company Refused To Hire Applicant Because of Inability to Provide a Urine Sample Due to Medical Condition, Federal Agency Charged - CHATTANOOGA, Tenn. - Covenant Transport, Inc., a trucking company based in Chattanooga…more

DC Circuit Enforces Escobar’s Materiality Requirement

This week, the D.C. Circuit added to the post-Escobar, materiality jurisprudence with its opinion in United States ex rel. McBride v. Halliburton Co., No. 15-7144 (Feb. 17, 2017). In its decision, the court affirmed the trial court’s…more

Alleging a Negative: The Challenges of Bringing a Refusal-to-Deal Claim

What does to take to state a claim under Section 2 of the Sherman Act for refusal to deal? Last week’s decision in Viamedia, Inc. v. Comcast Corp. and Comcast Spotlight, LP, a case out of the Northern District of Illinois, highlights…more

A Changing World Creates Challenges and Opportunities for Sovereign Wealth Funds

Can you describe your practice? Nikravesh: I devote a significant portion of my practice to working with sovereign wealth funds, public sector pension funds, social security funds, and other government investors, helping them…more

Multiple Actors May Perform Steps in Method Claims for Purposes of Inducement

Addressing the issue of divided infringement, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of induced infringement even though no single actor performed all steps of the asserted claims in a…more

Trump Orders Agencies to Form Regulatory Reform Task Forces

President Trump has issued an Executive Order which requires the head of each agency to designate an agency official as its Regulatory Reform Officer, or RRO. Each RRO will oversee the implementation of regulatory reform initiatives…more

Renewable Energy Update - February 2017 #4

Renewable Energy Focus - California Senate leader puts 100% renewable energy on the table in new legislation - Los Angeles Times - Feb 21 - Senate leader Kevin de León (D-Los Angeles) is proposing legislation, SB…more

Increased Immigration Enforcement Highlights Need for Employer Compliance

Heightened enforcement of immigration laws is a trend widely expected to continue under the Trump administration, including the recent increase in government audits of employers’ Forms I-9 (Employment Eligibility Verification). The…more

Cybersecurity Executive Order? – A Few Thoughts on Leaked “Drafts.”

More than two weeks ago, the President postponed issuing an executive order on cybersecurity. Since then, we’ve had no word from the White House on when he intends to sign it. However, two purported drafts of the order have wound up on…more

Trade Secret Misappropriation in the World of Driverless Cars: Google versus Uber

On Thursday, Waymo LLC sued Uber Technologies and Ottomotto LLC in federal court in the Northern District of California for: (1) violation of the federal Defend Trade Secrets Act; (2) violation of California’s Uniform Trade Secrets…more

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