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SC Court of Appeals Rules Against Absentee Guarantor - Power of attorney afforded normal contract interpretation rules

On August 3, 2016, the South Carolina Court of Appeals released First South Bank v. Rosenberg, Op. No. 5437 (S.C.Ct.App. filed August, 3, 2016) (Shearouse Adv.Sh. No. 31 at 75). In First Bank, the Court of Appeals considered whether a…more

Can a Single Employee Go On Strike Against a Non-Union Company?

The short answer is “yes.” The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members. One of those protections is the right to engage in a strike, which is…more

Managers of insolvent Missouri LLCs have no fiduciary duty to creditors

Two recent federal court decisions establish that managers of financially troubled Missouri limited liability companies do not owe a fiduciary duty to creditors of their troubled enterprises. Imperial Zinc Corp. v. Engineered Products…more

The Supreme Court - December, 2016 #2

The Supreme Court of the United States issued decisions in three cases today: Samsung Electronics Co. v. Apple Inc., No. 15-777: A jury found that smartphones manufactured by petitioner Samsung infringed respondent Apple Inc.’s…more

Tech Sector Braces for Possible Impact from President-Elect Trump’s Immigration Agenda

There could be repercussions for the tech sector from any number of actions that President-elect Trump might take on immigration. There could even be impact from his actions taken in other areas such as trade and national security…more

Supreme Court Overturns Apple’s $399 Million Design Patent Damage Award

For the first time in a century, the United States Supreme Court took up a design patent case. The question before the Court was are all of Samsung’s infringing smartphone profits a proper basis for damages or just some portion?…more

Choice of Venue and Maritime Lien Claims

Preferred maritime liens can raise challenging issues during maritime disputes—especially during bankruptcy. Creditors may encounter problems when filing for seizure due to their unique nature, with venue is becoming a determining…more

Court Affirmed Jury’s Findings Of Breach Of Fiduciary Duty By Joint Venture Partner And The Partner’s Representative

In CBIF v. TGI Friday’s, a joint venture partner sued the other partner for breaching fiduciary duties for unreasonably withholding consent regarding amending a lease and by acting out of its own self-interest in threatening the…more

Special Actions - To File Or Not To File?

One question we are often asked is whether a particular state court order should be challenged through a petition for special action in the Arizona Court of Appeals. The appellate court has discretion whether to accept jurisdiction…more

11th Circuit Upholds Stent Defense Verdict

It is always nice to win a case, whether by motion or trial. But just in terms of pure exhilaration, it is hard to beat hearing the jury foreperson announce that, after a hard-fought trial, you win. But note that term “hard-fought.”…more

Supremes Reaffirm Dirks Gifting Theory of Insider Trading; Limit Newman

A unanimous Supreme Court reaffirmed the “gifting” theory of insider trading under Dirks and rejected Newman “to the extent” it required more. The Court’s long-standing rule in Dirks v. SEC, 463 U.S. 646, 664 (1983) allows a jury…more

Indiana Court of Appeals Rules on Irreparable Harm, Laches, Extension Clauses, and More in Recent Restrictive Covenant Case

The Indiana Court of Appeals recently issued a restrictive covenant ruling addressing several significant issues. On November 30, 2016, in Hannum Wagle & Cline Engineering, Inc. v. American Consulting, Inc., the Indiana Court of…more

House Passes Creating Financial Prosperity for Businesses and Investors Act

On Monday, December 5, the Creating Financial Prosperity for Businesses and Investors Act, H.R. 6427, was passed by the House by a vote of 391-2. This legislation combines six measures that have been previously passed by the House…more

How to Prepare for an FDIC Cybersecurity Examination

FDIC bank examinations generally include a focus on the IT systems of banks with a particular focus on information security. The federal banking agencies issued Interagency Guidelines Establishing Information Security Standards…more

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors. Cases…more

Federal Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption

The linked Mintz Levin client advisory discusses a recent Third Circuit Court of Appeals ruling that held a “make-whole” optional redemption premium to be due upon a refinancing of corporate debt following its automatic acceleration…more

The Trump Administration: The Future of Health Care

The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely set in motion a major overhaul of the…more

Commerce Department Investigates Evasion of Steel Duties

On November 14 and 17, the U.S. Department of Commerce (Commerce) published initiation notices for anti-circumvention inquiries on the antidumping and countervailing duty orders on corrosion-resistant steel and cold-rolled steel…more

The Supreme Court Reaffirms Dirks In Salman

The Supreme Court handed down its first decision on insider trading in years, affirming the conviction of Bassam Salman for insider trading in violation of Exchange Act Section 10(b). Salman v. United States, No. 15-628 (December 6…more

FERC Proposes Market Changes for Electricity Storage, Distributed Energy Resources

The Federal Energy Regulatory Commission (FERC) issued on Nov. 17, 2016, a notice of proposed rulemaking (NOPR) aimed at more effectively integrating electric storage resources into organized wholesale markets to encourage competition…more

United States Supreme Court Clarifies Standard for Insider Trading

Yesterday, the United States Supreme Court held that an individual may be convicted of insider trading after receiving an investment tip from an insider who obtained no direct financial benefit from the disclosure. In a unanimous…more

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying decision…more

Ballard Opinion Letter Program to Replace IRS Determination Letter Program

The Internal Revenue Service has largely ended its determination letter program by which sponsors of individually designed retirement plans can obtain confirmation that their plan documents are tax-qualified. The IRS has historically…more

Australia's institutional investors now have easier access to Luxembourg undertakings for collective investment in transferable securities

In a procedure that started more than 3 years ago, the Association of the Luxembourg Fund Industry (ALFI) has succeeded in obtaining an exemption from the obligation to hold an Australian financial services (AFS) licence to provide…more

Recommendations to Make the Corporate Holiday Party Fun, Festive, and Harassment-Free

Now that Thanksgiving is behind us, employers will be tasked with planning a variety of holiday gatherings to celebrate the season. Employers may want to make a list and check it twice to ensure that their holiday get-togethers do not…more

Avoiding Appearance-based Discrimination Claims in the Workplace

Employees are generally considered the face of a company, projecting the brand’s image to customers and clients. In the face of this reality, employers often mandate certain grooming and appearance standards for employees – especially…more

FDA Is Evolving on Qualifications for 'New Chemical Entity'

The prior approval of a drug containing an active ingredient of the innovator drug is not necessarily a death knell for NCE exclusivity. Originally published in the Intellectual Property and Life Sciences sections of Law360 -…more

Upcoming projects in MEA region

Note: The information in the above table has been compiled from various public sources. We make no representation about the accuracy of this information, or whether it is up to date at the time of publication…more

California’s Surprise Medical Bill Statute: Part 1: Implications and National Trends

I. Executive Summary - On September 23, 2016, the California Legislature passed, and Governor Jerry Brown signed, Assembly Bill 72 (“the Law”), creating a new regime for the regulation of “surprise bills.” Surprise bills under the…more

Mexico’s Crown Jewels: Deep Water and Farmout Tender Results

Mexico’s Crown Jewels: Deep Water and Farmout Tender Results - On December 5, 2016, the Comisión Nacional de Hidrocarburos (“CNH”) conducted the Opening and Presentation of Bid Proposals Ceremony for the Ronda Uno, Fourth Tender…more

Supreme Court Confirms Broad Reach of Insider Trading Liability

Today, the Supreme Court issued its decision in Salman v. United States, clarifying the personal benefit standard of insider trading under the federal securities laws. In resolving what it called a “narrow” issue, the Court reaffirmed…more

Changes to WA Supreme Court process for mortgage actions

On 16 November 2016 significant changes to the Rules of the Supreme Court in Western Australia affecting mortgage recovery actions were made…more

Director liability for competition law breaches - the CMA's first UK director disqualification

Financial penalties being imposed on companies for breaches of competition law are well known, particularly because of the very significant amounts involved. However, fines are only one aspect. In the UK, along with lots of other…more

Five Key Issues Impacting Health Care Employers

Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign, the…more

Commission on Enhancing National Cybersecurity Releases Report

On December 1, the nonpartisan Commission on Enhancing National Cybersecurity (Commission) released a report on securing and growing the national economy. This report includes six imperatives for enhancing cybersecurity (and suggested…more

The Clock Is Ticking – ACA Nondiscrimination Rules Will Take Effect January 1

Earlier this year, the Department of Health and Human Services (HHS) and the Office of Civil Rights (OCR) published a final rule to implement Section 1557 of the Affordable Care Act (ACA). Most prominently, this rule prohibits…more

EPA Proposes Financial Responsibility Requirements for Hardrock Mining Industry - The Proposed Rule Could Set a Precedent for Other Industries and Directly Impact Financial Institutions

U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy on Dec. 1, 2016, signed a pre-publication version of a proposed rule that seeks to establish financial responsibility requirements for approximately 221 facilities…more

Changes to Chile’s Competition Law

Chile has amended its Competition Law to “consolidate [its] leadership as a sophisticated agency in Latin America.” The amendments, which were published in a new law on 30 August 2016, include the introduction of mandatory…more

Key Takeaways from FERC Enforcement’s Energy Trading Compliance and Market Manipulation Law White Papers

As noted in our November 21, 2016, Client Alert, Federal Energy Regulatory Commission (FERC or the “Commission”) Enforcement staff published two white papers—one on energy trading compliance, the other on market manipulation law—along…more

New DMCA Designated Agent Requirements Effective December 2016

On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents under the Digital Millennium Copyright Act. Effective December 1, 2016…more

Fourth Circuit Clarifies Applicability of FCA Public Disclosure Bar to Amended Complaints

In one of several decisions issued during 2016 addressing the False Claims Act’s Public Disclosure Bar, 31 U.S.C. § 3730(e)(4), the Fourth Circuit in United States ex rel. Lyle Beauchamp v. Academi Training Center, LLC held that a…more

What Does China’s New Cyberspace Sovereignty Mean, and is Your Company Ready?

On Nov. 7, 2016, the official and finalized version of the Cyberspace Security Law (the “CSL”) was approved by the Standing Committee of the National People’s Congress and signed off by Chinese President Xi Jinping. Under the CSL, the…more

Forty-Five Days and Counting for Current HHS Leadership: Implications for Rulemaking

Before we all turn our full attention to the nominations of Representative Tom Price as Secretary of Health and Human Services, and policy consultant Seema Verma to lead CMS, we need to remember that there are still approximately 45…more

HHS-OIG issues final rules on anti-kickback and civil monetary penalty statutes

Earlier today, the US Department of Health & Human Services, Office of Inspector General (HHS-OIG) issued two final rules…more

Department Of Justice Announces The Indictment Of 21 Individuals Affiliated With Forest Park Medical Center

On December 1, 2016, the United States Attorney’s Office for the Northern District of Texas announced the indictment of 21 executives, physicians, surgeons, and others affiliated with Forest Park Medical Center (FPMC) in Dallas. The…more

Court Grants Challenge to Agency’s Corrective Action in Response to Protest

A recent court decision may provide other disappointed offerors a pathway for challenging agencies’ corrective action that unreasonably favors the original contract awardee. In Professional Service Industries, Inc. v. U.S., --- Fed…more

Terms Are Construed In Virtual Reality Case

Burke, M. J. Claim construction report and recommendation issued regarding two terms from one patent. A Markman hearing took place on August 31, 2016. The disputed technology relates to virtual reality technology…more

2017 U.S. Congressional Calendar

The K&L Gates Public Policy and Law group is pleased to provide you with our 2017 U.S. Congressional Calendar. The calendar is a compilation of the House and Senate schedules in a color-coded format showing periods when the House…more

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

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Atma Global is a leading-edge developer and publisher of innovative global learning solutions, focusing on countries, cultures, and global business topics. Our Cultural Advisory Services provides…

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