Latest Updates

Arbitration: A Challenging Issue

Legal Rule - By force of law an Arbitrator(s) has to suspend the arbitration proceedings with immediate effect if a party to an arbitration process challenges the arbitrator while or during the arbitration processes are going on… more

Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends

As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today. As part of our commitment to eDiscovery education, I’m delighted to be participating in the series again… more

PTAB's Decision Not To Institute IPR Is Relevant In A Co-Pending ITC Investigation

ITC complainant Aspen Aerogels, Inc. (“Aspen”) filed on March 24, 2017 a motion and supporting memorandum to reopen proceedings for receipt of additional evidence. In the Matter of: Certain Composite Aerogel Insulation Materials and… more

Calif. cities lift medical marijuana delivery ban: Is L.A. Next?

Under the Medical Cannabis Regulation and Safety Act, enacted Jan. 1, 2016, California authorized the delivery of medical marijuana by licensed dispensaries to qualified patients but allowed municipalities to ban such deliveries. After… more

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement among the… more

Time Is Money: A Remedy for Delay in Settlement of Commercial Insurance Claims in the UK?

Section 13A of the Insurance Act 2015 ("Section 13A") implies a term into insurance policies issued or varied after that date that requires insurers to settle claim sums due within a "reasonable time". This new provision could… more

Data Analysis In a Compliance Best Practices Program

An in-depth look at the use of data analysis in a best practices compliance program under the Foreign Corrupt Practices Act (FCPA), UK Bribery Act or other anti-corruption compliance regime… more

What To Do When You Hire A Thief

Employers victimized by trade secret misappropriation appropriately express righteous outrage, both at the offending ex-employee and sometimes at the new employer. However, on another day the roles can reverse: That same employer may… more

Hackers, Keep Out!

Hackers are getting more sophisticated each day. It is our job to try and stay a step ahead of them. There is always someone on the outside trying to get in. It is imperative to keep your data secure within your business network… more

Permissible Disclosures Under the Stored Communications Act

The Stored Communications Act, which is codified at 18 USC 121, sections 2701-2712, is federal law that governs the conduct of electronic communication service providers and the voluntary and compelled disclosure of the contents of… more

"The Risks Associated With Worldwide Freezing Orders"

A worldwide freezing order is an injunction granted by the English courts to restrain individuals or businesses from disposing of or dealing with assets on a worldwide basis. The order can be sought before, or contemporaneously with… more

How a June UK General Election will impact Brexit negotiations

The UK's House of Commons has voted by more than the required two-thirds majority to hold a General Election on Thursday, June 8, this year rather than in May 2020. By calling a General Election the Prime Minister is seeking to turn a… more

Post-Brexit equipment leasing – key issues for UK lessors

This article summarises some possible effects of Brexit on UK equipment lessors. It mainly focuses on..… more

Court Rules Indirect Purchaser Claims Against Theranos May Proceed

Theranos’ anni horribilium began in October 2015 with the publication of a story by investigative reporter John Carreyrou at The Wall Street Journal. Lawsuits and government investigations ensued. Although the Theranos recently… more

Taking security over gas in storage

Despite recent fluctuations in the European gas markets, we have seen an increased interest among lenders in taking security over gas in storage, or over rights to gas in storage. This article explains the key issues for lenders to… more

Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC § 1782 to take discovery related to patent inventorship in connection with an Opposition… more

Traditional UK Employment Law Means Gig Economy Could Be Hard Work for Private Equity

Companies that operate in the “gig economy”, using a largely self-employed workforce, have enjoyed enormous growth in recent years but in the UK, these companies have come into conflict with long-established UK employment law. In our… more

The House Financial Services Committee to Hold a Hearing on Financial CHOICE Act 2.0 this Wednesday – Here’s a Summary of Governance and Executive Compensation Provisions

While passage in the House seems likely, the Financial Choice Act may undergo significant changes before it may pass in the Senate. Here is a summary of certain governance and executive compensation provisions that are included in the… more

Appellate Practice News: Connecticut Supreme Court Considers Schools' Duty Of Care To Students Participating In Travel Abroad Programs

Argument Recap: Munn v. The Hotchkiss School, SC 19525 - The Connecticut Supreme Court heard oral argument this term in Munn v. The Hotchkiss School to decide whether Connecticut public policy supports imposing a duty on a… more

If Content is King, Repurposing Content is Queen Bee

by ON24

Content from an hour-long webinar can easily become a 20-minute TED-style talk, a five-minute webinar teaser, and a two-minute video clip… more

How to Prepare for a Visit from ICE

With immigration in the news now more than ever, and a national shift in enforcement strategy by the Trump Administration, it is important to prepare your staff for a visit by Immigration and Customs Enforcement (ICE) officers. ICE is… more

Health Update - April 2017

CMS Issues Self-Referral Disclosure Protocol for Stark Law Violations - On March 28, 2017, the Centers for Medicare & Medicaid Services (CMS) issued a new voluntary self-referral disclosure protocol (SRDP) for disclosing actual or… more

Georgia House Bill 192 – Codifying and Clarifying the Business Judgment Rule in Georgia

Georgia Legislature Acts to Nullify Georgia Supreme Court’s Decision in FDIC v. Loudermilk - After passing both the Georgia House of Representatives and the Georgia Senate, House Bill 192 is awaiting the signature of the Governor to… more

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

The Dialogue — one of more popular recurring posts — returns for the third time. Does that mean the third time’s the charm?… more

Duke Ellington And Copyright: Five Things You Should Know

On April 29, sometimes called “Duke Ellington Day,” we celebrate the life and artistic accomplishments of the great musician and bandleader, Edward Kennedy (“Duke”) Ellington, who was born in 1899 and passed away in 1974. On his 70th… more

The Growth of European Covenant Lite

In 2016, global sponsors and their advisers were successful in continuing to export their experiences from financing transactions in the US leveraged loan and global bond markets to the European leveraged loan market, and this… more

DC Council Introduces False Claims Expansion – Taxpayers Beware!

Last month, a bill (The False Claims Amendment Act of 2017, B22-0166) was introduced by District of Columbia Councilmember Mary Cheh that would allow tax-related false claims against large taxpayers. Co-sponsors of the bill include… more

North Carolina Legislative Update - April, 2017 #3

After a weeklong spring recess, the legislature ramped up last week to move legislation ahead of the upcoming “crossover” deadline, which is currently set for April 27th. Crossover is the date by which a bill that does not impact taxes… more

Trouble Ahead? Lobbying Underway to Prevent the Extension to the Industrial Emissions Directive

The Industrial Emissions Directive (IED) is the main EU instrument that regulates emissions from industrial installations (including power stations) and came into force on 6 January 2011. Its objective is to achieve a high level… more

Texas Seeks to Round ‘Em Up – Zika Fears Spread

Texas Department of State Health Services (“DSHS”) Commissioner Dr. John Hellerstedt was quoted in an April 7, 2017 news release saying “Zika remains a significant health risk to pregnant women and their babies, and it’s only a matter… more

US Announces Review of Iran Nuclear Deal

On April 18, 2017, the State Department certified to Congress that Iran was in compliance with its obligations under the Joint Comprehensive Plan of Action (JCPOA) between the United States, Iran, and the P5+1 nations. It also… more

How Will the Trump Administration Impact Healthcare Litigation?

Editor's Note: In a dramatic conclusion to the heated debate surrounding the American Health Care Act (AHCA), the bill was withdrawn after it became clear that House leadership did not have enough votes to pass it. There is much… more

The In-House Perspective: 4 Law Firm Billing Best Practices

Here's the inside perspective on billing needs, as expressed by in-house counsel… more

Supreme Court Preview -- Sandoz Inc. v. Amgen Inc.

On Wednesday, April 26, the Supreme Court will hear oral arguments in the Sandoz Inc. v. Amgen Inc. case. This case involves the interpretation of the Biologics Price Competition and Innovation Act ("BPCIA"), which will be the… more

Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend

On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint defect that… more

Data Breach Notification Laws: A How-To Guide

Although Congress has attempted to agree on federal data breach notification legislation, there is no national data breach notification law that applies to most companies. Instead, 47 states, plus the District of Columbia, Puerto Rico… more

How Computer Forensics Can Affect Your Divorce Case

As people spend more and more time on digital and electronic devices (smartphones, laptops, ipads, and computers), digital information becomes more relevant in divorce cases. Social media, computers and cell phones become very… more

Employment Law Navigator – Week in Review: April 2017 #4

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were discharged… more

LNG-to-power: Key Bankability Considerations for FSRU-to-IPP Project Structures

Introduction/Synopsis - The growth of “LNG-to-power,” by which we mean the use of regasified LNG as a feedstock fuel for power generation, is largely attributable to a combination of economic, political and technical factors, which… more

Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement

Stephen Pinson, Scott & Scott, LLP attorney, shares the key requirements in negotiating SAS and Cloud Agreements… more

The DOJ's Case Against North Carolina Anti-Steering Agreements Permitted to Proceed

The Department of Justice's (DOJ) case against Carolinas Healthcare System's (CHS) anti-steering contract clauses has survived initial attempts by CHS to dismiss the case. Despite the reversal of the DOJ's win in the American Express… more

Sandoz’s Biosimilars Rituximab and Etanercept are Recommended for Approval in Europe

On Friday, April 21, 2017, Sandoz announced that the Committee for Medicinal Products for Human Use (CHMP) has recommended the approval of Sandoz’s biosimilars rituximab and etanercept in Europe. If approved, rituximab may be used in… more

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. This post briefly… more

[Webinar] Trade and Foreign Investment in Cuba: New Legal Framework - May 10th, 1:00 p.m. U.S. CDT

Understanding the current circumstances facing the Republic of Cuba will help to take advantage of opportunities for the promotion as well as the protection of foreign investment and trade which have motivated the firm to launch 'Cuban… more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages Law

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that retail… more

Witnesses announced for April 26 House CHOICE Act hearing

The House Financial Services Committee has released the witness list for the hearing it will hold this Wednesday, April 26, 2017, to discuss the Financial CHOICE Act… more

Labor & Employment E-Note - April 2017

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for more… more

Can subscribing to voluntary codes of conduct change a lender's duty of care to its customers?

The recent case of Thomas & Anor v. Triodos Bank NV [2017] EWHC 314 suggests that in certain circumstances banks that have subscribed to voluntary codes of conduct (and advertised that fact to their customers) might be fixed with a… more

Best in Law: How to Keep Business Secrets Secret - Partner D. Brian Reider Writes About NDAs for the Press-Enterprise

Sooner or later, every business encounters the same problem: A situation arises where vital, confidential information must be disclosed to someone outside the company. It may be the result of a negotiation over the possible sale of the… more

Southern California Environmental Update #3 – April 2017

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Butler Snow has been recognized repeatedly for our teamwork and our clients’ successes, across a variety of service areas. Corporate Counsel also ranked Butler Snow as an Innovation Leader in “The BTI…

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