Latest Updates

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case (updated)

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance on when… more

The Federal Government Procurement Process Could Go Digital

In order to keep up with online marketplaces available at the “one touch” of a smartphone, the federal government is doing its part to bring its procurement process into the digital age. Legislation passed earlier this year by the… more

CMS Corrects Sunshine Act CMP Regulations due to Inflation Adjustment Error

CMS has just corrected an error in a 2016 rulemaking that inadvertently called for a 10-fold increase in certain “Sunshine Act” civil monetary penalties (CMPs). Under section 1128G of the Social Security Act, applicable… more

California Joining The Ban The Box Bandwagon?

California may be the next jurisdiction to implement statewide “ban the box” legislation. Assembly Bill 1008 made its way from the Assembly through the Senate, and now awaits action from Governor Jerry Brown… more

Municipal Securities Market Gets Guidance From MSRB On Avoiding Selective Disclosures

The Municipal Securities Rulemaking Board recently issued a Market Advisory on selective disclosure in the municipal market that merits attention. MSRB is a self-regulatory organization established by Congress to regulate the… more

Breaking Immigration News: Travel Ban 3.0 Released, New Countries Targeted

On September 24, 2017, President Trump issued Travel Ban 3.0 restricting travel to the United States from eight countries, including five that were subject to the previous travel ban. This new travel ban was issued as the last travel… more

Employer Health Plan Premiums Rose In 2016, But Just Barely

Premiums for Affordable Care Act (ACA) marketplace coverage continue to sky rocket, with the average cost of a benchmark plan in the individual market place rising 20% this year. There is very different news for employer-sponsored… more

CMS Call: IMPACT Act and Improving Care Coordination (Sept. 28)

CMS is hosting an Open Door Forum conference call September 28, 2017 to provide information and solicit feedback on the Improving Medicare Post-Acute Care Transformation Act of 2014 (IMPACT Act). Among other things, the call will… more

Energy Hearings this Week

Senate Energy and Natural Resources Committee hearing on Bruce Walker to be assistant Energy secretary for electricity delivery and energy reliability; and Steven Winberg to be an assistant Energy secretary for fossil energy. Date:… more

Trump Issues Country-Specific Travel Ban

President Donald Trump has issued a proclamation that imposes new travel restrictions on eight countries, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry in to the United States by Terrorist or Other… more

Price of Oil, Rig Count And Lease Sale: Show Me The Money!

After reading this weekend’s headlines and checking the stock market, Tom Cruise in the movie Jerry Maguire yelling, “SHOW ME THE MONEY” has been ringing in my head this afternoon… more

Understanding Property Tax Delinquency in Indiana Law

What happens if an Indiana property owner fails to pay property tax? If this is a persistent failure, the property owner will be subject to sanctions under Indiana Code §§ 6-1.1-24 and 25 et seq. The ultimate sanction — the “death… more

New York Virtual Currency Business License: What To Know

New York entrepreneurs in the virtual currency space must be careful to follow New York’s licensing requirements enacted under Financial Services Law Sections 102, 104, 201, 206, 301, 302, 309, and 408. Under the new regulations issued… more

CFPB Arbitration Agreements Rule Takes Effect Pending Legislative Showdown

The Consumer Financial Protection Bureau (CFPB or Bureau)’s Arbitration Agreements Rule (“the Rule”) took effect on September 18, 2017. The Rule, which bans class action waivers in arbitration agreements in contracts for consumer… more

Portions of the FCC’s Recent Wireless License Renewal Order Take Effect Oct. 2nd, but Key Rule Sections Delayed Pending OMB Review

At the beginning of August, the Federal Communications Commission (“FCC”) took steps to reconcile a diversity of renewal requirements and permanent discontinuance conditions within its rules for many of the licensed radio services… more

Can NFL Players Be Fired, Disciplined For Protesting During National Anthem?

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has urged fans… more

Drug Cartel Heirs Have Netflix In Their Crosshairs

Drug cartels are notorious for murder and extortion, but the family of the late drug lord Pablo Escobar has unleashed the scariest weapon of all–trademark litigation. Escobar, Inc. has a longstanding grudge against the Netflix… more

Seventh Circuit Calls Time Out on Employee Leaves

Handling employees who seek additional leave for a disability after exhausting all Family and Medical Leave Act (FMLA) time frequently gives employers headaches. It has long been the position of the EEOC that where an employee is… more

CMS Unveils New Medicare Beneficiary Card, Encourages Providers to Prepare Systems for Transition to New Numbers

In order to protect Medicare beneficiaries from fraud and identity theft, CMS has unveiled a new Medicare card that removes the beneficiary’s Social Security number from the card. Specifically, the current Social Security-based number… more

[Audio]Hsu Untied interview with Jorge Del Calvo, Partner at Pillsbury

Today, my guest is Jorge del Calvo, a Senior Partner in the Silicon Valley office of Pillsbury Winthrop. Over his career, Jorge has established himself as one of the most prolific and experienced IPO attorneys in the country and has… more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful launch… more

Sweeping Changes to French Labor Laws Signal Employer-Friendly Future

Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws, intended to provide employers with greater flexibility in the employee… more

Federal Coal Combustion Residuals Rule: U.S. Environmental Protection Agency Administrator Grants Petition for Reconsideration

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt granted in a September 13th letter petitions for reconsideration from the Utility Solid Waste Activities Group (“USWAG”) and AES Puerto Rico LLP… more

Greenhouse gas emissions trading schemes: A global perspective - Mexico

Implementation of a cap-and-trade program and compliance market is expected by 2021 - In 2012, Mexico enacted the General Law on Climate Change (GCCL), which required the creation of a national registry for greenhouse gases and… more

New Developments on the Scope of the Registered Investment Adviser Exemption under Section 16 of Exchange Act

Hedge funds and other private investment funds can take advantage of the exemption for registered investment advisers (RIAs) under Exchange Act Rule 16a-1(a)(1)(v), the "RIA Exemption." While the exemption can be helpful, it can be… more

UPDATE: President Trump Issues New Travel Ban for Eight Countries, Ends Temporary Protection for Sudanese

The White House has announced its newest executive order on immigration, placing travel bans and restrictions on seven countries in Africa, the Middle East, the Persian Gulf, and Asia.  In a separate decision, President Trump ended… more

United States Imposes Additional Sanctions Targeting North Korea

On September 21, 2017, President Trump signed an Executive Order (EO) entitled "Imposing Additional Sanctions with Respect to North Korea." The EO authorizes the US to impose blocking sanctions on North Korean persons, persons who are… more

U.S. Citizenship and Immigration Services Tightens Requirements on Green Card Applications for Renewing Advance Parole Travel Authorization Documents

The United States Citizenship and Immigration Services (USCIS) recently adopted a new policy for travel document applications that should be taken into account by those applying for green cards. Under the new policy, the agency will… more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically, under 18… more

The Environmental Council of the States: Arkansas Department of Environmental Quality Director Keogh Elected Vice President

The Environmental Council of the States (“ECOS”) issued a September 12th news release stating that Becky Keogh has been elected Vice President of the organization. Ms. Keogh serves as Director of the Arkansas Department of… more

Don’t Let Your “Safety Minutes” Become Routine.

Many companies open certain meetings with a “Safety Minute.” Often, the home office develops weekly or daily Safety Minutes for crews to use at pre-work meetings. Ideally, the Company’s leadership requires other meetings to open with a… more

CFIUS Publishes 2015 Annual Report and 2016 Statistics Amid More Recent Dynamic CFIUS Environment

The Committee on Foreign Investment in the United States (CFIUS) recently released the public version of its Annual Report covering calendar year 2015 along with some statistics regarding filings in calendar year 2016. By statute… more

When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I received a… more

IRS Resumes Issuing Transactional Spin-Off Rulings

On September 21, 2017, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2017-52 (the “Rev. Proc.”), introducing an 18-month “pilot program” in respect of corporate “spin-off,” “split-up” and “split-off” transactions… more

President Trump Plans New Travel Ban, Details to Come

The White House announced that it will institute new restrictions on travel from several countries to the United States, replacing the travel ban that was put into place earlier this year and will expire on Sunday. Unlike that ban… more

2017 Manufacturing Employment Law Update

Oregon Equal Pay Act - In June, Governor Brown signed the Oregon Equal Pay Act of 2017. Although many provisions of the Act do not take effect until January 1, 2019, employers should be aware of the changing legal landscape… more

[Audio]The Data Report Special Edition (Part II): The Equifax Data Breach

Litigation attorney Jay Ward studies Equifax's conduct in the aftermath of the data breach in this episode of The Data Report. Jay discusses the company's missteps, including accidentally directing customers to a fake phishing site… more

Underground Storage Tank Closure/Environmental Assessment: Commonground Blog Post Asks Whether A Data Gap is Considered a Recognized Environmental Condition?

A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues related to… more

Fractal Geometry, Actuarial Risk, and §1332 Waivers—The Role of the States in Reforming Health Care

At this writing, the prospects for success of the latest Republican effort to replace the Affordable Care Act appear bleak — but the Graham-Cassidy bill on which the GOP has pinned its last-ditch hopes highlights a major political and… more

Employment Flash - September 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate court's… more

Departing Employees: Ensuring Protection of Trade Secrets and Intellectual Property

“Knowledge is power” goes the old adage. Well, that is certainly true in the world of business where secret processes, confidential designs, and even a good customer list can give a business a vital commercial edge over its rivals… more

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the firing was not illegal

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his or her… more

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

Equip: IP Litigation Case of the Week - The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation means the… more

OTA & Travel Distribution Update - Sep. 15th, 2017

Our weekly OTA & Distribution Update for the week ending September 15, 2017 is below. The week’s short Update features a heavy dose of OTA stories..… more

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the Eleventh… more

Risky Business: Mitigating Exposure Through Comprehensive Risk Management

Ropes & Gray is pleased to share “Risky Business,” a comprehensive report on trends and best practices in risk management. Based on a survey by FT Remark, a research service from the Financial Times that interviewed 300 general… more

USCIS Resumes Premium Processing for 2018 H-1B Cap Cases

On September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume the premium processing service for fiscal year 2018 H-1B cap cases… more

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and Answers on Title… more

The Pre-Action Protocol for Debt Claims

The Pre-Action Protocol for Debt Claims comes into force on 1 October 2017. This note deals with the key elements to be aware of. Applicability - While the Protocol is named the Pre-Action Protocol for Debt Claims the first… more

Michigan Grants Needed Tax Relief to Victims of Hurricanes Harvey and Irma

The Michigan Department of Treasury has announced that it will join taxing authorities across the country by allowing taxpayers affected by Hurricanes Harvey and Irma an extension of time in which to file state tax returns for 2016… more

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