Latest Updates

[Audio]Law School Toolbox Podcast Episode 98: Top 1L Questions: Non-Traditional Law Students

Welcome back! Today we are sharing tips for the non-traditional law students out there. If you're getting ready for law school, this episode is going to be one you definitely want to flag! There is great stuff in here that even… more

Officers Of Foreign Corporations And The California Courts

Yesterday’s post concerned Section 2116 of the California Corporations Code. Courts sometimes describe Section 2116 as codifying the internal affairs doctrine. See, e.g., Vaughn v. LJ Internat., Inc., 174 Cal. App. 4th 213, 223… more

ECB Publishes Final Guidance on Leveraged Transactions— What This Means for Banks

After a period of public consultation, the European Central Bank (the “ECB”) published its final Guidance on Leveraged Transactions (the “Guidance”) on 16 May 2017. Twenty-four organisations (comprising credit institutions and market… more

Supreme Court Considers New York's Surcharge Law

The Supreme Court of the United States recently heard an oral argument concerning New York's surcharge law, addressing whether the statute—which prohibits the imposition of surcharges on customers who pay with credit cards but permits… more

Third Circuit Permits Limited Discovery On Issue Of Validity Of Arbitration Agreement

In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank’s motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause was not referenced in or… more

Colorado Division of Securities Publishes Final Cybersecurity Rules

The Colorado Division of Securities (Division) has published final cybersecurity rules applicable to broker-dealers and investment advisers. The Colorado Attorney General's office has 20 days to write an opinion on the rules, after… more

New York City food retailers subject to early enforcement of calorie labeling rules

Despite the recently delayed implementation of the federal menu labeling requirements announced by the FDA on May 4, 2017, New York City Mayor Bill de Blasio issued a press release on May 18, 2017, announcing that all New York City… more

Texas Subsurface Trespass Law Clarified

We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner? In Lightning Oil Company v. Anadarko E&P Onshore, LLC the Texas Supreme Court tells us he owns… more

CMS Proposes Rule to Update Prospective Payment Rates for Inpatient Rehabilitation Facilities

CMS recently proposed a rule that it estimates would increase payment to inpatient rehabilitation facilities (IRFs) by $80 million during fiscal year (FY) 2018 (discharges occurring between October 1, 2017 and September 30, 2018) (the… more

New Duties for Lawyers? The ABA Weighs In on Cybersecurity.

Recently, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 477, which aims to provide guidance and clarity to lawyers as they consider what level of security to give communications with… more

Dedmon: The Destiny Of “Reasonable” Medical Expenses In Tennessee Part II

In Tennessee, personal-injury plaintiffs may recover as damages the reasonable and necessary costs of the medical treatment that they received for their proven injuries. Until recently, a plaintiff’s ability to prove a reasonable… more

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

Last week, a California Department of Transportation worker with severe allergies to scents and household chemicals won a $3.3 million jury verdict in a disability harassment lawsuit. The employee claimed that his supervisors… more

New Federal Infrastructure Plan Coming Soon

Transportation Secretary Elaine Chao recently informed the U.S. Senate that the President’s $1 trillion infrastructure plan will be announced by the end of the month. The new plan is anticipated to rely upon public-private partnerships… more

[Video]Artificial Intelligence – Why it matters now

Hogan Lovells partner Richard Diffenthal talks to Azeem Azhar, curator of The Exponential View, about the current status and implications of Artificial Intelligence (AI) and machine learning tools. They touch on numerous topics… more

Pfizer Files Two Petitions for IPR of Chugai Pharmaceutical’s Protein Purification Patents

Pfizer, Inc. has filed two petitions for IPR of Chugai Pharmaceuticals’s patents: IPR2017-01357 on U.S. Patent 7,332,289 and IPR2017-01358 on U.S. Patent 7,927,815. According to the petitions, both patents are directed to methods for… more

German Draft Law Against Hate Speeches: Solo Run Or A Model For Europe?

In March 2017, Germany’s minister of justice, Mr. Heiko Maas, released a new draft law “for the improvement of law enforcement in social networks” (Entwurf eines Gesetztes zur Verbesserung der Rechtsdurchsetzung in sozialen… more

EEOC Charge Does Not Need to Specify Quid Pro Quo Sexual Harassment

For years, the Equal Employment Opportunity Commission (EEOC) divided sexual harassment claims into two distinct categories. Hostile environment harassment related to creation of an offensive work environment based on sexual remarks… more

A key to the Capital Markets Union turns slowly

Reviving the largely moribund European securitisation market is key to the European Commission’s ambitious Capital Markets Union which was launched in September 2015. As the European Commission said at the time, securitisation can… more

SEC Issues Ransomware Risk Alert Highlighting Cybersecurity Best Practices

On May 17, 2017, the U.S. Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert regarding the “WannaCry” ransomware worm that infected hundreds of thousands of… more

Renewable Energy Update - May 2017 #3

Renewable Energy Focus - Non-utility suppliers could serve 85% of load by mid-2020s, according to new CPUC report - Utility Dive - May 17 - A new report from the California Public Utilities Commission (CPUC) and the… more

HHS Issues Cyber Threat Warning to US Hospitals and Medical Providers

In light of last week’s ransomware attacks overseas targeting hospitals and other providers, HHS is notifying providers in the United States of a warning issued by the United States Computer Emergency Readiness Team (US-CERT) regarding… more

Cava v. Champagne: A Trademark Lawyer’s Guide

Those of you attending the annual International Trademark Association conference in Barcelona may be drinking a glass of Cava right now and wondering: what makes sparkling wine different from regular wine, and what is the real the… more

Health Alert (Australia) 15 May 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 5 May 2017 - Inquest into the death of Heather Fotiades [2017] NTLC 012 Medical practitioners prescribing high dose opioids for chronic… more

Superior Court Invalidates Hexavalent Chromium Drinking Water Standard

Earlier this month, Judge Christopher E. Krueger of the Sacramento Superior Court issued an order invalidating the Maximum Contaminant Level (MCL) for hexavalent chromium. The California Department of Public Health (“DPH”) established… more

Shire Development, LLC v. Mylan Pharms., Inc.

Case Name: Shire Development, LLC v. Mylan Pharms., Inc., No: 12-1190-T-36AEP, 2017 U.S. Dist. LEXIS 11441 (M.D. Fla. Jan. 27, 2017) (Honeywell, J.). Drug Product and Patent(s)-in-Suit: Lialda® (mesalamine); U.S. Patent No… more

Can Employers Require Medical Confirmation of Pregnancy for FLMA Leave Purposes?

When an employee seeks Family and Medical Leave for a serious health condition, the company routinely gives the employee requesting the leave the DOL medical certification form to be completed by their healthcare provider. In several… more

Forgiveness of Debt Can Prove Unforgiving, But a New Federal Court Decision Gives Cause for Optimism

A federal court in New Jersey recently dismissed a putative class action filed under the Fair Debt Collection Practices Act, which had argued that it was deceptive conduct for a debt collector to inform the debtor that forgiveness of… more

Fake News, Fake Tender Offer, Yields SEC, DOJ Charges

The Commission brought an enforcement action, in conjunction with the Manhattan U.S. Attorney’s Office, charging Robert Murray with conducting a fake tender offer using fake news. The purpose was to manipulate the share price of… more

Emeryville Strikes Again: Another Employee-Friendly Ordinance to Take Effect

San Francisco’s notoriously employee-friendly ordinances continue to set the standard for its neighboring cities. Emeryville, which is across the bay from San Francisco and neighbors Oakland, recently passed a fair workweek ordinance… more

Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com, the… more

EEOC Announces Featured Speakers at Annual Excel Conference on Employment Discrimination Law

AARP CEO to Deliver Keynote Speech on Persistent Problem of Age Bias - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that several nationally known authorities on equal employment opportunity… more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US Actions in… more

Future IP Challenges: What Companies in the Internet of Things Space Can Expect

In this hoganlovells.com interview, Hogan Lovells partner Dr. Chris Mammen looks at the platforms that could emerge to dominate and drive the internet of things (IoT) space and the related patent and licensing issues that will emerge… more

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA) corrective… more

US Supreme Court Limits Venue in Patent Cases—Is It the Death Knell for Forum Shopping?

On May 22, the United States Supreme Court handed down an important unanimous decision regarding venue in patent cases, reversing a nearly 30-year-old Federal Circuit precedent and limiting "residence" for domestic corporations to the… more

The FCA introduces a ban on right of first refusal clauses

In May 2015, the Financial Conduct Authority (FCA) launched a market study on investment and corporate banking services to consider issues including choice of banks and advisers for clients and the bundling and cross-subsidisation of… more

A Step in the Right Direction: IRS Rules on North-South Spinoffs

The Internal Revenue Service (IRS) recently released guidance on certain “north-south” spinoff transactions. Generally, a “north-south” transaction consists of a transfer of property from a shareholder to a corporation close in time… more

Congress members buy, sell sector stocks even as they make health care law

The U.S. Congress, based on its members’ legally required financial disclosures, fares far better than most. Senators and representatives are worth a net $1 million on average. But is it seemly for so many of our crucial voices in the… more

4 Idiotic Excuses Professionals Make to Dismiss Social Media

The basketball player Jeremy Lin rode the bench for his first few years playing professional basketball. This Asian-American had graduated from Harvard and simply did not fit the mold of what most coaches and scouts viewed as NBA… more

Seventh Circuit: Bank May Challenge CAMELS Rating

A bank may challenge the rating it received from the Federal Deposit Insurance Corporation (FDIC) under the CAMELS system, the U.S. Court of Appeals for the Seventh Circuit determined, because while the agency has discretion to set… more

TC Heartland LLC v. Kraft Foods Group Brands LLC (2017)

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed the Federal Circuit and held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of… more

WannaCry Ransomware Cyberattack Raises Legal Issues

The recent cyberattack highlights the need for firms to engage in proactive prevention and protection. Ransomware (malware that encrypts data pending an extortion payment) is a recurring cyber threat that is growing more pervasive… more

Amgen v. Sandoz Jury Trial Pushed Off

A Stipulation and Scheduling Order for Trial (Order) entered on May 19, 2017 in the Amgen v. Sandoz litigation rescheduled trial for March 26, 2018 (from December 18, 2017), and pushed back other pre-trial deadlines. According to the… more

Manatt on Medicaid: A Closer Look at Wisconsin’s Premium Proposal

The State of Wisconsin recently proposed a Medicaid waiver that includes a number of precedent-setting features, including a 48-month time limit on enrollment (with the limit paused for periods of employment or job training), and… more

Thwarting Shareholder Activism Through Engagement

As the 2017 proxy season draws to a close for most companies, it is obvious that shareholder activism remains alive and well, though the actual number of public activist campaigns appears to have tapered off slightly as compared to… more

CAS Legal Mailbag Question of the Week – May, 2017 #3

Dear Legal Mailbag: I am new to my position as principal of a small elementary school and, frankly, I am surprised at how low energy my teachers are. It seems to me that they do the absolute minimum whenever they can. Originally… more

U.S. Supreme Court Limits Venue in Patent Infringement Cases

In TC Heartland LLC v. Kraft Foods Group Brands LLC,1 the U.S. Supreme Court unanimously reversed the U.S. Court of Appeals for the Federal Circuit, holding that "residence" for venue purposes in patent infringement cases refers only… more

Operationalizing Compliance: Part II – Breaking Through Obstacles

This week I am engaging in a week-long series on how a Chief Compliance Officer (CCO) or compliance practitioner might think about operationalizing a compliance program with other corporate functions and disciplines. I am joined in… more

There's No Place Like Home: SCOTUS Rules on Patent Venue Issue

The U.S. Supreme Court yesterday upended the status quo for venue in patent cases. For nearly three decades, with some limitations, corporate patent infringement defendants were deemed to "reside"—and thus venue was proper—in any court… more

Did WannaCry make you want to cry? Real risks for landlords and tenants

As the extent of the damage caused by the recent WannaCry ransomware virus becomes clearer, businesses across the world have been reminded of the critical importance of cyber security measures, and the potential fall-out should those… more

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