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House votes to eliminate antitrust exemption for health insurers

While the House of Representatives put repeal of the Affordable Care Act (ACA) on hold last week, it passed legislation that would eliminate the 70-year-old "McCarran-Ferguson" antitrust exemption for the insurance industry. The…more

Manatt Digital - March 2017

Mobile Games' Booming Market: Opportunity for Hollywood and IP Owners - The mobile games market is growing at a record-breaking pace. The market reached a new high in 2016, generating more than $40.6 billion in worldwide revenue…more

Brexit: It’s Finally Official After nine months of discussion and debate, Article 50 has been triggered

Nine months after a majority of the United Kingdom’s electorate voted to leave the European Union (EU) in the referendum of 23 June, 2016, the country’s government has today (29 March, 2017) formally notified the European Council of…more

The Latest Executive Order: Any Kind of Consistency Is the Hobgoblin of Little Minds

Make no mistake, the Executive Order signed by President Trump at EPA yesterday is a big deal. Time will tell whether the Administration’s U-turn on the Obama rules currently in litigation, such as the Clean Power Plan and the rule on…more

Man Convicted of “Reckless Endangerment” in Drone Accident; Civil Suit Likely to Follow

On February 24, 2017, a Washington judge sentenced Paul M. Skinner to 30 days in jail and a $500 fine for “reckless endangerment” arising from the use of a personal drone. Skinner lost control of the two-pound drone during Seattle’s…more

Ten Things You Must Know About the Seattle Secure Scheduling Ordinance

The City of Seattle is gearing up for the Secure Scheduling Ordinance to take effect in July. Proposed rules have been issued and public comments are due today. Lane Powell has identified below the top 10 things that employers should…more

Medicaid's Growing Role for SUD Services in Montana

Editor's Note: Montana's 2016 expansion of Medicaid provides an important opportunity to strengthen the state's substance use disorder (SUD) prevention and treatment system. In a new report for the Montana Healthcare Foundation…more

University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschatfen E.V. (Fed. Cir. 2017)

Despite the Supreme Court's admonition, in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., that attorney's fees and other measures of enhanced damages be granted, in a district…more

Economic regulation in the face of declining demand

Overview of decision - On 28 March 2016, the Federal Court dismissed Telstra's appeal against the ACCC's October 2015 decision setting the prices for fixed line telecommunications services. In upholding the ACCC's decision…more

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring during…more

PPI Complaints – FCA publishes final rules and guidance

Payment Protection Insurance (PPI) mis-selling has been a huge issue for firms. Not only has it damaged public trust and confidence but it has also been an enormous drain on resources with firms handling over 18.4 million PPI…more

Manatt on Health Reform: Weekly Highlights - March 2017 #4

States react to the failure of the AHCA; the HHS Inspector General launches an investigation into the Trump Administration's suspension of Marketplace enrollment outreach efforts; and the Kansas Legislature sends a Medicaid expansion…more

Appellate Court Mows Down Objections to Preliminary Injunction

Addressing preliminary injunction issues in a case between two competitors, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of the injunction, finding that the plaintiff would likely suffer…more

"UK Serves Notice of Withdrawal From the EU, Triggering Two-Year Negotiation Period"

UK Prime Minister Theresa May today served formal notification of the UK’s intention to withdraw from the European Union (EU) pursuant to Article 50 of the Treaty of Lisbon. This action commences a period of up to two years for…more

Transportation Risks in Latin America: the Importance of Infrastructure

Cargo capacity and operation techniques have changed dramatically over time. Containers and “intermodalism” now allow cargo to be carried with minimum interruption by ships, trucks and/or trains. To boost efficiency, there has been a…more

TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in value over…more

American Health Care Act Pulled From House Floor: No New Legislation to Repeal and Replace ACA

The much-anticipated vote by the U.S. House of Representatives on the “American Health Care Act,” also known as “AHCA” or the “Obamacare replacement bill,” was cancelled last week, leaving many to ask “what now?” As noted in our…more

Brexit: Step-by-step guide to the UK's exit from the EU

UK Prime Minister Theresa May has today triggered Article 50 of the Treaty on European Union (TEU) by formally notifying the European Council of the United Kingdom's intention to leave the European Union. The timelines for…more

US Supreme Court Invalidates NLRB Acting General Counsel Appointment

Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon. On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc. invalidated…more

Our Top Ten Tips On Following The Brexit Process

Nine months after the UK voted to leave the EU, the formal exit process has finally started. Within two years, the UK will be out of the EU either on agreed terms or cast adrift with no deal. The negotiating rhetoric and…more

2017 Federal Budget measures affecting the energy industry

There are several measures in this year’s Canadian Federal Budget that directly affect the energy industry. This is a highlight of these proposed changes…more

There will be a morning after

I was pleased to attend the NAPA 401(k) Summit helping my friends at Alliance Benefits Group at their booth. One vibe that I got from the event was a common one. The fear of the fiduciary rule and the fear of tax reform and how it…more

Let’s Go, Big ©! Let’s Go! U.S. Supreme Court Backs Copyright Protection for Cheerleading Uniforms

In a decision that may have broader implications in the U.S. fashion industry, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc. (No. 15-866) ruled that the decorative elements on a cheerleading uniform can fall…more

Certain Considerations Relating to Virtual Shareholder Meetings

Virtual annual shareholder meetings are gradually increasing year-over-year, but the absolute number is still small and investor resistance to the "virtual-only" format persists. Nevertheless, additional companies continue to switch to…more

Court dodges "Drone Slayer"

A recent decision in the infamous "Drone Slayer" case answers some questions relating to the role federal courts will play as individuals seek to vindicate their property and privacy rights against UAS operators. But at the same time…more

Decision Cheered by Some, as Supreme Court Clarifies Useful Articles Copyright Protection

In a decision likely to affect the fashion and design industries, on March 22, 2017, the United States Supreme Court clarified the test for determining when a design feature incorporated into a "useful article" (such as apparel) is…more

Brexit: No Turning Back

On March 29, 2017, the United Kingdom submitted its formal notice to the European Union in order to trigger Article 50 of the Treaty on European Union (the Article 50 Notice). This is the formal mechanism which begins the two-year…more

In a Victory for the “Drone Slayer,” Federal Judge Rejects Pilot’s Attempt to Create Federal Question Jurisdiction

On March 21, 2017, a federal judge in the Western District of Kentucky dismissed a lawsuit brought by a drone pilot, David Boggs, against the “Drone Slayer” William Merideth, a Kentucky man who shot down a drone that he believed was…more

Don’t Be Stingy With Tip Credit Notification...

This week, our Charleston office held its Legal Grounds coffee break. The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to meet…more

CGL’s “pollution exclusion” applies to “harsh soaps”: Oregon federal court

The latest round in the fight over the CGL’s “pollution exclusion” — which well-respected commentator Craig F. Stanovich has called “one of the least understood and most litigated portions” of the CGL — went to the insurance company…more

Enhanced Patent Damages in the Wake of Halo May Not Be So Easy to Come By

Background - Last year, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), the Supreme Court weighed in on the question of enhanced damages in patent cases and rejected the then-existing Federal Circuit…more

Court Rules that Prisoner is Entitled to Off Label Drug Treatment

Happy birthday to Eric Idle, one of the funniest members of the Monty Python troupe. In addition to writing bizarre, hilarious comedy skits, Idle also wrote songs. When he proposed a song for The Life of Brian, he ran into…more

Muscle Beach Party and Theories of Sex Discrimination: Second Circuit Tries To Clarify Sexual Orientation vs. Gender-Stereotyping

Is there a difference between being discriminated against because of your sexual orientation versus being discriminated against for not conforming to a gender stereotype? In most areas of the country, there most certainly is according…more

New Regulations Limit California Employers’ Consideration of Criminal History

Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) has approved new regulations, effective July 1, 2017, to limit employers’ use of criminal history when making employment decisions…more

Will Attorney General Sessions continue to pursue redlining cases?

On Monday, we blogged about the highlights of the panel I moderated, “The CFPB Speaks,” that was part of the Practicing Law Institute’s 22nd annual Consumer Financial Services Institute in Manhattan. The next panel, “Federal…more

Congress Repeals New OSHA Injury and Illness Recordkeeping Rule - President Trump Blocks Fair Pay and Safe Work Places Executive Order

Last week, the Senate approved a resolution killing a recordkeeping rule finalized by OSHA in December 2016, and this week, President Trump signed a congressional resolution invalidating the Fair Pay and Safe Workplaces executive order…more

Bankruptcy Beat: New York Bankruptcy Court Prohibits Stripping of Mortgage Lien Against Debtor's Multi-Family Residential Real Estate, Setting Up Split of Authority With District of Connecticut

In both Chapter 13 consumer bankruptcy cases and individual Chapter 11 cases, a debtor is prohibited from modifying a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” 11…more

Is a Request for Religious Accommodation “Protected Activity” for a Title VII Retaliation Claim?

Seyfarth Synopsis: In a recent federal case the employer has challenged the EEOC Enforcement Guidance on Retaliation taking the position that a religious accommodation request does not meet the test for protected activity under Title…more

French sunshine regulations: the puzzle now completed and in force

The French sunshine regulations require industry to report certain agreements along with the fees and other benefits provided to various stakeholders in the healthcare sector…more

The Defend Trade Secrets Act and Whistleblowers: Protections and Vulnerabilities

President Obama signed into law the Defend Trade Secrets Act (“DTSA”) during his last year in office. Most notably, the DTSA creates a private federal civil cause of action for misappropriation of trade secrets. If that…more

Colorado Businesses Continue to Face "Drive By" Lawsuits Over ADA Accessibility

Plaintiffs have brought more than 150 lawsuits in federal court in Denver against Colorado businesses alleging violations of the Americans with Disabilities Act (ADA) over the past year, following a national trend. These lawsuits…more

DC Circuit Case May Test Continuing Validity of FERC Delegations of Authority to Agency Staff Once Its Quorum Disappeared

On February 7 and March 7, 2017, we wrote about how the Federal Energy Regulatory Commission (FERC) is operating without a legal quorum of three members and how the lack of a quorum might affect the validity of FERC staff actions taken…more

Contractor Blacklisting Rule Trump-smacked

Yesterday President Trump signed into law a resolution that officially kills the Obama-era “Blacklisting Rule.” The Rule promised to wreak havoc among federal contractors by requiring certain government contractors and subcontractors…more

Pennsylvania Appellate Court Denies Petition To Transfer Structured Settlement Involving LHWCA

Relying on Federal Court precedent, a Pennsylvania intermediate appellate court resolved whether the plain language of Section 916 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) prohibits the assignment of benefits…more

A Bankruptcy Discharge Makes a Face-to-Face Meeting an Act in Futility

Just last fall, we wrote about the Eleventh Circuit’s decision in In re Failla, Case No., in our article, “The Eleventh Circuit has spoken: Debtors who surrender property must get out of the creditor’s way.” Now, it appears that the…more

New rules on conflict minerals for EU importers

The European Union is bringing forward new rules on the sourcing and import of conflict minerals. The European Parliament approved the draft conflict minerals regulation (the Regulation) on 16 March 2017 by a large majority, and…more

Article 50 – let the Brexit negotiations begin

On 29 March 2017, Sir Tim Barrow, the UK’s permanent representative in Brussels, personally handed over a letter, signed by Prime Minister Theresa May, to Donald Tusk, the President of the European Council, providing notification of…more

Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

President Trump’s proposed fiscal year 2018 “skinny” budget, if enacted, would severely impact the U.S. Environmental Protection Agency, reducing its budget by nearly a third and cutting 20 percent of its staff. Indeed, the EPA faces…more

Executive Order Reverses Key Aspects of Obama’s Climate Action Plan

Yesterday the White House released its highly anticipated Energy Independence Executive Order (EO). The EO signals the White House’s fulfillment of a campaign promise—to roll back the various elements of the Climate Action Plan…more

Consumer advocates are split on whether Director Cordray should finalize arbitration rule

On Monday, during “The CFPB Speaks” panel I moderated that was part of the Practicing Law Institute’s 22nd Annual Consumer Financial Services Institute in Manhattan, Diane Thompson, Deputy Assistant Director of the CFPB’s Office of…more

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The McNair Approach One of our Firm’s aspirations, as reflected in our Vision Statement, is to understand our clients’ businesses at a deep level and to evidence, in all of our interactions, the…

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