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NC Legislative Update: December 2016

A lot has happened since the November 8th election in North Carolina. In the 28 days since the election: a federal court ruled that the General Assembly must redraw its districts by March 15th and hold a special election in 2017; oral…more

Supreme Court Rules Against Apple in Design Patent Case with Samsung, Remands to Federal Circuit to Formulate Test for Identifying Relevant “Article of Manufacture”

Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that product…more

A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers…more

What You Need to Know Before Considering Selling Your Craft Brewery to a Macrobrewer or a Private Equity Firm

Recently, there have been a number of sales of well-known and well-respected craft breweries to the major beer producers. In addition, there have been a smaller number of sales of craft breweries to private equity investors. Is one…more

Supreme Court Weighs In On Insider Trading Law – Finds Giving Gifts Can Be Its Own Reward

In its decision issued yesterday in Salman v. United States, 580 U.S. __ (2016), the United States Supreme Court unanimously affirmed a criminal insider trading conviction even though there was no evidence that the tipper received any…more

In Salman v. United States, Supreme Court Holds that the Government Need Not Prove that an Insider Received a Pecuniary Benefit in Exchange for Tipping Inside Information

On December 6, 2016, the Supreme Court issued a unanimous decision in Salman v. United States, holding that a tipper’s gift of confidential, inside information to a trading relative constituted a sufficient personal benefit to support…more

Expanding Capacity for Health Outcomes (ECHO) Act Requires Exploration of Digital Health Opportunities

On December 6, 2016, the US House of Representatives passed the Expanding Capacity for Health Outcomes Act (S. 2873) (the ECHO Act), which was unanimously passed by the US Senate on November 29, 2016. The ECHO Act seeks to expand the…more

With the U.K.’s Announcement, the European Unified Patent Court Moves Toward Realization

On November 28, 2016, Baroness Neville Rolfe, the United Kingdom Minister of State for Intellectual Property, announced that the U.K. would ratify the Unified Patent Court Agreement (UPCA), paving the way for the European Unified…more

Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces

Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior Courts…more

Putting the “voluntary” back into voluntary planning agreements? What the proposed reforms to VPAs mean for developers.

Earlier this month the Planning Minister, Rob Stokes, issued a press release promising reform of the VPA system to ensure greater transparency and tighter controls on the use of VPAs. On the same day, a draft Ministerial Direction, a…more

Health Alert (Australia) December 5, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 1 December 2016 - Ms Robin Hansen v Calvary Health Care Adelaide Limited [2016] FWCFB 8162 -…more

Supreme Court to Hear Church Plan Litigation

On December 2, 2016, the Supreme Court of the United States granted the petitions for writs of certiorari to Advocate Health Care, et al. v. Stapleton, Maria, et al., St. Peter’s Healthcare, et al. v. Kaplan, Laurence and Dignity…more

President-elect Trump Nominates Representative Tom Price, M.D. as HHS Secretary and Seema Verma as CMS Administrator

President-elect Trump stated that Rep. Price, an orthopedic surgeon, six-term Member of Congress, and Chairman of the Budget Committee, “has earned a reputation for being a tireless problem solver and the go-to expert on healthcare…more

South Africa International Law Digest

A. LIMITATION PERIODS IN GENERAL Under the Prescription Act No.68 of 1969, the limitation periods are the same for contract, tort and land disputes. Money claims must be brought within three years from the date on which the debt became…more

Financial Services Weekly News - December 2017

Editor's Note - OCC to Move Forward with Federal FinTech Charter. In a development foreshadowed in the April 6, June 29 and September 14 editions of the Roundup, on December 2, the Office of the Comptroller of the Currency (OCC)…more

DoD issues class deviation to roll-back IR&D technical interchange requirements

On December 1, 2016, the Office of the Under Secretary of Defense Acquisition, Technology and Logistics issued a class deviation for the Department of Defense’s (DoD) November 4, 2016, final rule, “Enhancing the Effectiveness of…more

FMCSA Releases Drug and Alcohol Clearinghouse Rule

On December 2, 2016, the Federal Motor Carrier Safety Administration (“FMCSA”) released a final rule creating the Commercial Driver’s License Drug and Alcohol Clearinghouse (the “Clearinghouse”). The rule is designed to establish a…more

The Rise of Shared Work Spaces: Tips for the Unwary

Co-working centers and shared office space arrangements have exploded onto the commercial real estate scene recently and offer attractive alternatives for many small businesses, early stage start-ups, incubators and freelancers to more…more

Unanimous Supreme Court Rejects Effort to Cut Back Insider Trading Liability

The U.S. Supreme Court earlier today rejected an attempt to cut back on liability for insider trading where people give inside tips to family members and friends. In Salman v. United States, the Court unanimously held that where an…more

Brexit’s Effect on the Unitary Patent System and Court

The UK government intends to ratify the Unitary Patent System and the Unified Patent Court prior to Brexit. The Brexit referendum passed earlier this year in which the United Kingdom voted to leave the European Union created…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #6

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

Energy Policy In The Trump Era: Part 2

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation was a…more

UK Surveillance Bill Becomes Law

On November 29, 2016, the United Kingdom’s controversial surveillance bill received royal assent and officially became law. The nearly 300-page law, known as the Investigatory Powers Act 2016, replaces and expands upon the Data…more

New Facebook Policy Restricts Ad Targeting

Facebook Inc. (“Facebook”) has announced new ad targeting restrictions for Facebook advertisers operating in the housing, employment and credit marketing space…more

Supreme Court Rules on Design Patent Damages

In a unanimous but short opinion, the United States Supreme Court reversed the Federal Circuit’s Samsung v. Apple decision on damages and held that a design patent infringer’s liability may be limited to the profits of individual…more

Manatt on Health Reform: Weekly Highlights - December 2016

President-elect Trump taps prominent conservatives with strong anti-ACA views for his healthcare transition team; House v. Burwell proceedings on cost-sharing reductions for Marketplace plans are delayed until the new Administration;…more

Pennsylvania’s Revised No Fault Divorce Code is Now In Effect

The October 2016 revisions to the Pennsylvania Divorce Code regarding no fault divorce are now in effect. Prior to the Divorce Code revisions, a spouse was required to wait two years from the date of separation to request a no-fault…more

The Future of the Affordable Care Act (Week 2): A Framework for Handicapping Proposals to Replace the ACA

The Affordable Care Act made fundamental and important changes to the way the United States finances health care. The law did not represent a radical departure from prior law or policy, however. The ACA instead worked within, rather…more

Second Court of Appeals Win for State Street Bank in $200 Million Chrysler “Top Hat Plan” Class Action

“Top hat plans” have many attractive features, but a new court decision is a reminder that top hat plan participants have limited protections under ERISA – and that assets held in a rabbi trust are not protected from the claims of…more

Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences -- Part IX, The Microbiome and Immunotherapy II

Given that the majority of the human microbiome is found in the gut, it is not surprising that most microbiome-based therapeutic approaches have been used to treat gastrointestinal disorders, such as inflammatory bowel disease (IBD)…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #5

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

The Salman Decision-The Supreme Court Weighs in on Insider Trading

Significant decision comes after nearly two decades of silence. For the first time in nearly 20 years, the US Supreme Court has weighed in on insider trading law and handed a victory to the government and its insider trading…more

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

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

Companies of all types continue to fall prey to employees seeking collective or class redress for a variety of alleged wrongdoings, among them discrimination, wage and hour, glass ceiling and other…

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