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Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking company that…more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and Congress…more

New Requirements for Copyright Safe Harbor

The federal Digital Millennium Copyright Act (“DMCA”) provides safe harbors from copyright infringement liability for online service providers that are engaged in specified activities and that meet certain eligibility requirements. A…more

Supreme Court Decides Salman v. United States

On December 6, 2016, the Supreme Court of the United States decided Salman v. United States, No. 14-462, holding that a trader may be held liable for insider trading under the Securities Exchange Act of 1934 and the SEC’s Rule 10b-5 if…more

Federal Electricity Policy Under the Trump Administration

The huge unknown about President-Elect Donald Trump's energy plans is in electric power. Whatever he decides, with a unified Republican Congress behind him, he has the ability to shape federal electric policy in the coming term. It is…more

U.S. Supreme Court Tips the Scales in Favor of Prosecutors in Insider Trading Cases

On December 6, 2016, the U.S. Supreme Court issued its long-awaited ruling in Salman v. United States. In a unanimous opinion, the Supreme Court adhered to its 1983 decision in Dirks v. SEC, 463 U.S. 646, and held that a tippee is…more

Twice in Two Years: California Expands the Fair Pay Act for the Second Consecutive Year

Starting January 1, 2017, companies of all sizes doing business in California will need to take extra care to ensure they are not paying employees differently based on their race or ethnicity or basing new employees’ compensation…more

Seventh Circuit Upholds Dismissal of Student-Athletes’ Claim for Compensation

The Seventh Circuit upheld the dismissal of claims brought by two former University of Pennsylvania student-athletes against the NCAA and more than 120 NCAA Division I universities and colleges, alleging that student athletes are…more

Federal Circuit Opinion Asetek Danmark a/s v. CMI USA Inc. Cites Patent Damages Treatise

In a December 2nd opinion by the Federal Circuit, the court cited Patent Damages Law and Practice as a “leading commentary.” The comprehensive treatise was co-authored by Chris Marchese, one of the bloggers on this site, and has been…more

Michael Hensley and John Lierman Obtain Summary Judgment

Jones, Skelton and Hochuli Partner, Michael Hensley, and Associate, John Lierman, recently obtained summary judgment on all claims in Maricopa County Superior Court, for two Phoenix Police officers and a client restaurant, all of which…more

Supreme Court Addresses Availability of Damages in Design Patent Infringement Cases, Reverses $399M Verdict

“Article of Manufacture” can mean the whole product or a component of that product; $399 million verdict reversed and remanded - In a case which will likely have a significant impact on damages in cases alleging infringement of…more

Oppression in the Context of a Closely-Held Corporation: SCC Weighs In

In Mennillo v. Intramodal inc., the first oppression remedy case to reach the Supreme Court of Canada (SCC) since BCE Inc. v. 1976 Debentureholders, the SCC provided clarity on how the oppression remedy operates within closely-held…more

The Death of Merger Litigation Part II – The North Carolina Business Court Puts a Nail in the Coffin

In a recent article entitled “The Death of Merger Litigation?”, we wrote about the Delaware Court of Chancery’s increasing refusal to approve disclosure-only settlements in shareholder lawsuits challenging public company merger…more

Finance Bill 2017 – Implications for Foreign Investment and Investors in the UK

Following on from the UK Chancellor’s speech last month, draft legislation was published on 5 December 2016 setting out how the Government intends to stimulate investment in the UK. The Finance Bill (the Bill) is subject for…more

Government Affairs Insights: Ten Things You Should Know About the 2017 Session of the Connecticut General Assembly

Politically, the Connecticut legislature will be moving in unchartered waters. Not since 1893 has there been an even split for parties in the State Senate. With 18 Democrats and 18 Republicans, party leaders will be forced to agree on…more

Homeland Security Issues IoT Guidance for Businesses

The Department of Homeland Security (DHS) has published non-binding principles and best practices to help businesses work through key Internet-of-Things (IoT) security issues. Entitled “Strategic Principles for Securing the Internet…more

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board (“TTAB”)…more

Court Upholds Golden State Warriors’ Mission Bay Event Center and Mixed-Use Development Project

On November 29, 2016, the Court of Appeal for the First Appellate District rejected a challenge to the sufficiency of the San Francisco’s environmental analysis and upheld the City’s approval of an arena to house the Golden State…more

Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law

In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., No. 15-01300 (D. S.C., Nov. 3, 2016), South Carolina District Judge J. Michelle Childs determined that the plaintiff’s categorical Privilege Log was inadequate and…more

Chris Lazarini Discusses Whether Defamatory Statements Constitute Libel Per Se

Bass, Berry & Sims attorney Chris Lazarini discussed a case where defendant carried out a personal vendetta against the plaintiff following plaintiff's report against defendant for violations of securities laws. Following investigation…more

U.S. Supreme Court Reverses Damage Award In Samsung v Apple

The Supreme Court on December 6, 2016 ruled that when considering the basis for awarding damages based on the infringer’s profits from infringing a design patent, it is not necessary to base these damages on the profit made on the…more

Be Aware Belgium November 2016

Until when can an employee reaching the legal retirement age and protected under the Act of 19 March 1991 continue to benefit from the protection provided by this act? Employees who ran as candidates during the social elections…more

New York’s Nonexempt Wage and Salary Requirements Still in Play

While the media has been focused on the stay of the new federal overtime exemption classification rules in Nevada v. U.S. Department of Labor, U.S. District Court for the Eastern District of Texas, No. 16-cv-741, and the Department of…more

New Delaware Chapter 11 Filing – La Paloma Generating Company, LLC

La Paloma Generating Company, LLC and two of its affiliates have filed petitions for chapter 11 bankruptcy relief in the United States Bankruptcy Court for the District of Delaware (Case No. 16-12700). The Debtor is the owner and…more

Commission on Enhancing Cybersecurity Report Calls for Greater Investment

On Friday December 2nd the President’s Commission on Enhancing Cybersecurity (“Commission”) released their long-awaited Report on Securing and Growing the Digital Economy. The nonpartisan Commission was created in April by President…more

Financial Services Report, Winter 2016

EDITOR’S NOTE - Hope you survived all of those awkward Thanksgiving holiday conversations— amazing how divided people are on whether the court got it right in the PHH case, isn’t it? So on we go into the holiday season, while…more

Recreational Use and Sale of Marijuana in California: What Is and Is Not Permitted

On November 8, 2016, California voters approved the Adult Use of Marijuana Act (“AUMA”) by approving Proposition 64. AUMA largely legalizes the recreational, non-medical use of marijuana in California, as well as the sale of marijuana…more

Republican Congressmen Continues Information Demand on OSHA Joint-Employer Standard

Congressional leaders again have pressed the Department of Labor for information on the Occupational Safety and Health Administration’s potential guidance to OSHA investigators on determining if there is a joint-employer relationship…more

Are Networking Events Worth Your Time?

I read a great article in the Harvard Business Review on networking.  In “Don’t Waste Your Time on Networking Events,” author Derek Coburn suggests that networkers are not achieving the results they’re looking for through networking…more

New Compliance Regulations for France and Italy Demonstrate the Growing Convergence of Anti-Corruption and Whistleblowing Standards in Europe

A piece of major compliance legislation has just been passed in Europe: the long-awaited French anti-corruption and whistleblower protection law, Sapin II, which brings French anti-corruption standards in line with those of the UK and…more

Live! From the ACI Drug and Medical Device Litigation Conference

I’m blogging from the American Conference Institute’s Drug and Medical Device session on International Mass Tort Litigation: Strategies for Handling the Increasing Interplay Between Domestic and Global Products Liability Actions. Great…more

‘Tis the Season of Giving: Supreme Court Expands Insider Trading Liability to Recipients of “Gift” Stock Tips

Just in time for the holiday season, the Supreme Court has ruled that gift-giving is truly its own reward. But far from embodying the spirit of generosity that typically goes with that saying, the Court has ruled that the warm feeling…more

Supreme Court in Salman Says: “This One Is Easy,” Reaffirming Dirks and Rejecting Newman

Yesterday, the Supreme Court decided a major insider trading case, Salman v. United States, 15-628. In Salman, the Supreme Court reaffirmed its prior ruling in Dirks v. SEC and held that a jury could infer that a tipper personally…more

Supreme Court Reverses Apple’s $400 Million Damage Award Against Samsung

On December 6, 2016, the Supreme Court ruled unanimously, in an opinion by Justice Sotomayor, that an award of total profits for infringing a design patent need not be calculated based only on the end product sold to an ordinary…more

More Departures Announced by Top SEC Officials

Following up on our earlier report that Mary Jo White, the chair of the Securities and Exchange Commission, will step down at the end of the Obama administration, news of other departures within the SEC has begun to spread. The latest…more

The Anatomy of Law Firm Pitches

A colleague recently posted in an online legal marketing forum, seeking advice on “best practices for pitching” for an upcoming partner training. Experienced legal marketers chimed in with numerous good ideas of what to do and what not…more

SCOTUS Upsets the Apple Cart?: The High Court Answers Key Question on Design Patent Damages, But Leaves Many Unanswered

The United States Supreme Court today overturned a $400 million verdict in a highly-publicized and long-waged patent battle between Apple and Samsung. Samsung Elcs. Co., Ltd. v. Apple Inc., 580 U.S. __ (Dec. 6, 2016). In doing so, it…more

EPIC Recommends Privacy Standards For Automated Vehicles

On November 23, 2016, the Electronic Privacy Information Center (“EPIC”) issued a 17-page comment document to the National Highway Traffic Safety Administration (“NHTSA”) to highlight the privacy risks of automated vehicles and to…more

Blog: Hitting Populist Note, U.K. Proposes Enhancements To Corporate Governance — Will The New U.S. Administration Follow The Populist Playbook?

One of the prevailing narratives of the recent Presidential election was that the same gestalt that drove the Brits to vote for Brexit also animated the pro-Trump forces and led to his presidential victory. Why then, when it comes to…more

ICC Announces New Expedited Rules for Smaller International Arbitrations

On Nov. 4, the International Court of Arbitration of the International Chamber of Commerce (ICC) announced that its Rules of Arbitration would be amended as of March 2017 to implement a new Expedited Rules procedure for smaller…more

Biodiversity reforms debated in NSW Parliament

The biodiversity reform package contains both contentious and long awaited reforms to the threatened species and native vegetation regimes. Dentons provides a snapshot of some of the key reforms currently being debated in the NSW…more

ECB Publishes Guidance on Leveraged Transactions

On 23 November 2016, the European Central Bank (“ECB”) published draft guidance on leveraged transactions (the “Guidance”) for public consultation. The consultation period will end at midnight on 27 January 2017, during which time…more

IP Licenses & Bankruptcy Laws (Part 1)

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one of the…more

No-Action Relief Allowing Use of Consolidated Risk Disclosure Statement

On November 30, 2016, the U.S. Commodity Futures Trading Commission‘s Division of Swap Dealer and Intermediary Oversight provided no-action relief to futures commission merchants (FCMs) and introducing brokers (IBs), allowing them to…more

Seventh Circuit Says Student Athletes Are Not Employees

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were therefore…more

The Gig Workforce Train … Even More “Traditional” Workplaces AreMaking Sure That They Don’t Get Left Standing on the Platform

Much has been written about sharing economy companies such as Uber and the like whose very core is fueled by a contingent workforce connected to consumers through a digital platform. But a recent report stresses that even more…more

Who Votes As Proxy For Shares Standing In The Name Of Another Corporation?

The Proxy Season blog yesterday discussed the following question from the Q&A Forum of TheCorporateCounsel.net..…more

Did Trump’s Election Increase the Odds of NPDES Delegation in Massachusetts? I Sure Hope So.

As I noted last spring, the Baker administration had filed legislation to support NPDES delegation to Massachusetts. At the time, I supported the delegation effort and pleaded with my friends in the environmental community to support…more

Supreme Court Addresses Design Patent Damages for First Time in 120 Years: New Era of Design Patent Damages Dawn

On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the value of…more

Divergent Views on Class Discovery

In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies. In Weiner…more

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Blattel Communications is a leader in PR and marketing for business-to-business professional service firms and the companies that target them. One of the first West Coast agencies to focus solely on…

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