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Williams Mullen On Call Q&A: Virginia Chamber President Speaks Out on Health Care Issues

Williams Mullen recently interviewed Virginia Chamber of Commerce President and CEO Barry DuVal to obtain the Virginia business community’s perspective on the current health care system and health reform. Mr. DuVal provided the…more

Employers & Health Coverage Providers: You Have More Time in 2017 to Provide Information Forms to Covered Individuals

The IRS extended the 2017 due date for employers and coverage providers to furnish information statements to individuals. The due dates to file those returns with the IRS are not extended…more

U.S. Supreme Court to Hear Case on Patent Exhaustion

On December 2, 2016, the Supreme Court granted certiorari in a case regarding the scope of patent exhaustion, including whether foreign sales exhaust U.S. patent rights and if post-sale restrictions on patented items are permissible…more

What Employers Need To Know About Mandatory Payroll Deduction Savings Programs

Administering and providing retirement benefits can present difficulties to employers. If you offer such benefits, you must choose and monitor service providers, offer prudent investment options, and administer benefits, among other…more

Cuban Entrepreneurs Ask President-Elect Trump to Continue Opening Trade Relations with Cuba

The U.S. advocacy group, Engage Cuba, announced yesterday that a group of Cuban entrepreneurs has penned a letter to President-elect Trump, asking him to continue opening trade and relations between the U.S. and Cuba…more

Guidance on Biosimilar Submission Requirements in Canada

Health Canada, the federal regulatory authority that evaluates the safety, efficacy, and quality of drugs available in Canada recently released a revised Guidance Document on Information and Submission Requirements for Biosimilar Drugs…more

Auction service providers under investigation for suspected anti-competitive practices in UK

On 22 November 2016, the Competition Market Authority (CMA) announced the opening of an initial investigation into suspected breaches of competition law in relation to the supply of auction services in the UK. The CMA announced…more

Legislative Solutions: 2017 Virginia and North Carolina Legislative Preview

Business leaders recognize the importance of seeking legal counsel to navigate the complex laws and regulations governing health care. However, changing business practices to comply with the legal landscape can be costly, time…more

Marquee Energy Appeal Reaffirms Plans of Arrangement Law in Canada

In a decision released on November 15, 2016, the Alberta Court of Appeal allowed the appeal of Marquee Energy Ltd. (Marquee) from a prior decision of the Court of Queen's Bench of Alberta which had required, as a condition to any final…more

FERC Proposes Wide-Ranging New Regulations to Remedy Barriers to Wholesale Market Participation by Energy Storage and Distributed Energy Resources

At its November 17, 2016 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) proposed to amend its regulations to address and remove barriers to the participation of electric storage resources and…more

What Employers Need To Know About Puzder’s Selection As Labor Secretary

President-elect Donald Trump has announced that he would nominate Andrew Puzder to be the next Secretary of Labor. This Cabinet-level position heads the U.S. Department of Labor (USDOL), one of the federal agencies that has the widest…more

Reaction to Uncertainty in Affordable Housing Industry Brought on by Trump Election

The 2016 Election has created more questions than answers for the affordable housing industry. Very little is known about President-elect Trump's vision for affordable housing. On one hand, Mr. Trump has described himself as an…more

California's New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and…more

DOL Worm About to Turn

President-Elect Trump continued on his streak of appointing controversial cabinet members today when he announced Andrew Puzder as his choice to head the DOL. Mr. Puzder’s name may be familiar to those of you who crave charcoal-broiled…more

Law on elimination of administrative barriers for export of services came into force (Ukrainian)

December 3, 2016 came into force the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine (regarding the removal of administrative barriers to exports of services)" number 1724-VIII, which was adopted by the Verkhovna…more

U.S. Supreme Court Confirms that a Corporate Insider Receives a “Personal Benefit” by Providing Confidential Information to a Trading Relative or Friend, Affirming Conviction for Insider Trading

In Salman v. United States, No. 15-628, 580 U.S. ___, 2016 WL 7078448 (2016), the United States Supreme Court (Alito, J.) unanimously affirmed the insider trading conviction of petitioner Bassam Salman on the ground that Mr. Salman’s…more

Law on elimination of administrative barriers for export of services came into force

The Law of Ukraine “On amendments to certain Ukrainian legislative acts (regarding elimination of administrative barriers for export of services)” No. 1724-VIII came into force on 3 December 2016; the law was adopted by the Verkhovna…more

Pennsylvania Tap Marker Requirements Pulled Under Act 166

Pennsylvania’s onerous liquor laws continue to modernize under new enactments. Previously, each brand of beer on tap had to have its own branded tap marker as a part of its draught system. Many breweries and restaurants had tap boxes…more

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably racist)…more

CI Games S.A. v. Destination Films - USDC, Central District of California, October 25, 2016

District court denies defendants’ motion to dismiss claim that Sony Pictures’ film “Sniper: Ghost Shooter” infringed trademarked title of plaintiff’s video game “Sniper: Ghost Warrior,” clarifying applicability of Rogers test in Ninth…more

In the Wake of the Election, What’s Next for State Drug Pricing Initiatives?

A Trump victory was not the only surprise on election night. California’s drug pricing initiative, which would have required state agencies to negotiate drug prices at least as low as those paid by the U.S. Department of Veterans…more

Boston Brewpub Hopsters Raises Fastest Reg CF Crowdfunding Ever

A brew pub—Hopsters Brewery—has raised more than $600,000 in what industry insiders are calling the "fastest crowdfund offering ever." The Boston-area brew pub and eatery used the WeFunders platform to raise funds in roughly two…more

ISS Updates Proxy Voting Guidelines for 2017

Last month, Institutional Shareholder Services (ISS) published updates to its proxy voting guidelines effective for meetings on or after February 1, 2017. Key compensation-related changes include the following..…more

Williams Mullen On Call Q&A: Virginia Secretary of Health and Human Resources Dr. Bill Hazel Talks Health Care Issues

Williams Mullen recently interviewed Virginia Secretary of Health and Human Resources Dr. Bill Hazel to discuss the current health care system and health care forum. Secretary Hazel’s thoughts are set out below..…more

It’s Easier for Employers to Sue for Data Theft

Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape. Two new developments this past year have made it easier for employers to sue employees in federal court for stealing data from…more

FTC Complaint Filed Against IoT Businesses

This Tuesday, a consortium of consumer protection and children’s privacy groups filed a Federal Trade Commission (“FTC”) complaint against Genesis Toys (“Genesis”) and Nuance Communications, Inc. (“Nuance”) in connection with Genesis’…more

Senegal Moves Toward Nationalized Digital Currency

Last month, Senegal announced its intention to introduce a national digital currency based on block chain technology, and become only the second country in the world following Tunisia to do so. Senegal’s new digital currency – called…more

Copyright Office changes procedures for DMCA agent designations

If users ever post anything on a website you operate, you need to protect yourself from any copyright infringement they commit. And a new rule just enacted by the Copyright Office imposes a few new hoops and hurdles for that…more

Some Regulations to Reduce GHG Emissions Probably Won’t Be Rolled Back By the New Administration.

This week, the Department of Energy finalized regulations to increase energy efficiency for central air conditioners and heat pumps. The regulations apply to products manufactured or imported into the United States beginning in 2023…more

Canada and EU Sign Free Trade Agreement: Implications for TTIP

On October 30, the European Union (EU) and Canada signed the Comprehensive Economic and Trade Agreement (CETA). The final draft of the agreement was concluded in February after seven years of negotiations. Many EU officials view the…more

In re Nuvasive (Fed. Cir. 2016)

In a precedential decision the Federal Circuit vacated and remanded a Patent Trial and Appeal Board decision invalidating claims from Nuvasive's U.S. Patent No. 8,361,156 in an inter partes review instituted on a petition by Medtronic…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #9

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

Drunk Driving Accidents and the Holidays

Not surprisingly, the odds of getting into an auto accident increase when there are more cars on the road (such as during rush hour) or when driving conditions are less than optimal (say, during rain storms). But when the number of…more

United States v. Salman: Supreme Court Reaffirms “Friends With Benefits” Test In Insider Trading Cases

On December 6, 2016, in an opinion written by Justice Alito, the Supreme Court unanimously affirmed the Ninth Circuit’s decision in Salman v. United States, a closely-watched insider trading tipping case. Salman builds upon Dirks v…more

Protecting an Interest in a Ground Lease – A Lender’s Perspective

Lenders are often asked to provide financing secured by a leasehold interest in land evidenced by a ground lease. A ground lease is an agreement between the fee owner of real estate (the ground lessor or landlord) and its tenant (the…more

21st Century Cures Act and Medical Device Regulatory Pathways

These seven key provisions will affect the premarket requirements for medical devices. The US Senate passed the 21st Century Cures Act on December 7, and President Barack Obama is expected to sign the bill into law. Included in…more

How Does One Know When A Corporation Is Antagonistic?

When a shareholder files a derivative suit in state court, the defendants often will try to have the case removed to the federal district court. Federal courts, however, are courts of limited jurisdiction and not every plaintiff can…more

Appeals Court Sides with Wind Farm on PPA Risk Allocation

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court settled a PPA…more

A Say-on-Frequency Reminder

The proxy rules require that public companies submit a proposal to their shareholders every six years regarding how often they should have say-on-pay votes, known as “say-on-frequency”. Most companies held their first say-on-frequency…more

A Smaller Bite for Apple? Supreme Court Limits Damages for Design Patent Infringement

In a case reversing a $399 million damages award to Apple, the U.S. Supreme Court has held unanimously that an “article of manufacture” under the design patent damages statute can be anything from an entire product to a single…more

Não deixe o samba morrer – Parte 2 (Don’t let samba die)

Panorama - Para muitas pessoas nesta semana, o impensável e inesperado se tornou uma realidade política com a eleição de Donald Trump. Se alguém estava se perguntando se a retórica rígida durante a campanha seria flexibilizada…more

This Is How A False Claims Act Case Works—And Fails

It took us a long time to understand how off-label promotion of prescription drugs had anything to do with the False Claims Act, and we’re still not so sure that the two are a fit. The FCA penalizes anyone who presents, or causes to be…more

The CMA obtains its first disqualification undertaking from a director for competition law infringement

Businesses that breach competition law can face serious financial and reputational consequences. Certain serious breaches of competition law may also put individuals at risk of criminal prosecution. In addition, the CMA may apply to…more

Trump Nominates Andrew Pudzer To Head Department of Labor

President-Elect Donald J. Trump intends to nominate Andrew F. Pudzer to head the U.S. Department of Labor, according to numerous sources familiar with his office. Pudzer is the CEO of the holding company that operates the fast food…more

Texas overtime ruling directly affects California employers

California employers are directly affected by a decision of a federal district court in Texas enjoining the implementation of the Department of Labor (DOL) minimum salary guideline for employees. State of Nevada v. U.S. Dept. of Labor…more

Demand Letters in Perspective

When employees think they’ve been mistreated and seek the advice of a lawyer, the result is often a demand letter sent by the employee’s lawyer to the employer. The employee (or ex-employee) may claim to have been discriminated…more

Who Would Ever Have Thought That Sending A Preservation Letter Might Be Dangerous?

There is probably nothing more routine in litigation today than a Plaintiff's counsel sending a "preservation letter." A preservation letter, if you've never sent or received one, is a letter sent at the outset of litigation -- or even…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #8

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

Sustainable Development Update - December 2016 #2

Sustainable Development Focus - Stanford unveils innovative solar generating station - Stanford News Service - Dec 5 - It was a cold, blustery day in Rosamond, California, but spirits were high in a small…more

Getting the Deal Through — Electricity Regulation 2017: Germany

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Since 2005 Germany’s electricity industry has been regulated in accordance with European standards, based on the EU…more

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