Latest Updates

Supreme Court’s TC Heartland Decision Will Move Venue Out of E.D. Texas

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court unanimously overturned nearly thirty years of Federal Circuit law regarding venue in patent infringement cases, holding that the patent venue… more

6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So Different After All

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as demonstrated in a… more

First Issuance of Green Bonds by the French State

On 24 January 2017, France issued its first sovereign green bonds for an amount of €7 billion, with a maturity of 22 years and a yield at issue of 1.741 percent. The French sovereign issuance was fully allocated with total bids for… more

Law à la Mode: Special Edition - INTA 2017

The Belgian editorial team is delighted to bring you this special edition of Law a` la Mode, marking the 139th INTA Annual Meeting in Barcelona. Just some of the focuses for this special edition include the dangers of unused… more

U.S. Treasury Secretary Mnuchin Urges Amending CFIUS Reviews

On Thursday, May 18, U.S. Treasury Secretary Steven Mnuchin waded further publicly into efforts on Capitol Hill to amend the authorizing statute underlying the Committee on Foreign Investment in the U.S. (CFIUS), a U.S. Government… more

Bid Farewell to Texas...

On May 22, 2017, the Supreme Court significantly narrowed where a patent infringement lawsuit may be brought against a United States corporation. In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court agreed that… more

The Importance of Consistency between Master Services Agreements and Statements of Work

All types of business from startups to multinational conglomerates regularly enter into service agreements for the procurement and delivery of products or services. Depending upon the size and complexity of the agreement, the… more

Your Daily Dose of Financial News

Citigroup announced yesterday that it’ll pay nearly $100 million to resolve a long-running federal investigation into its Banamex USA group over lax money-laundering monitoring (largely for transfers between the US and Mexico)… more

New Freelancer Law Imposes Additional Requirements For NYC Companies Contracting With Freelancers

The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”), which was touted by New York City Mayor Bill de Blasio as the first law in the nation aimed at protecting wage… more

US Supreme Court limits scope of venue for patent infringement litigation

In TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 2017 WL 2216934 (May 22, 2017), the United States Supreme Court narrowed the choice of venue for patent infringement cases, overturning the Federal Circuit’s… more

Howard Stern’s Day Off : The Danger of Digging for Details When Employees Call-In Sick

Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence. Although Stern’s absence was initially attributed… more

Section 1111(b) Election Not Available When Collateral Is Sold Post Petition

The facts in Salamon are straightforward. Salamon (“Buyer”) purchased real property from Behrend (“Seller”) that was already subject to two liens (the “Preexisting Debt”). Instead of paying cash at closing, the Buyer executed two notes… more

The Supreme Court Reverses Decades-Old Venue Precedent and Re-affirms Fourco

Setting up a major shift in patent litigation, the Supreme Court in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, today rejected the long-standing Federal Circuit precedent of VE Holding Corp. v. Johnson Gas Appliance Co., 917 F… more

One Year of the Defend Trade Secrets Act

May 16, 2017 marked the first anniversary of the Defend Trade Secrets Act. What has the year taught us about this new federal cause of action for trade secret misappropriation? Here are the top 13 lessons from the first year of DTSA… more

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned by Apple… more

Limitation of Corporate Loss Carryforward Affecting Only Particular Share Transfers Declared Unconstitutional

The Federal Constitutional Court of Germany held that the forfeiture of tax loss carryforwards under Sec. 8c para. 1 sent. 1 CITA is inconsistent with the principle of equal treatment pursuant to German Constitutional Law… more

IP Alert: "Supreme Court Restricts Where Patent Suits May Be Filed"

Yesterday the U.S. Supreme Court tightened the reins on where patent infringement lawsuits may be filed. In a closely watched case, the Court reversed the decades-old Federal Circuit interpretation that permitted patent holders… more

Supreme Court Restricts Forum Shopping in Patent Infringement Case

On Monday (May 22, 2017), the U.S. Supreme Court dealt a significant win to companies accused of patent infringement. The decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (S. Ct. May 22, 2017) (8-0) reversed a… more

Health Alert (Australia) 22 May 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 16 May 2017 - Realview Holdings Pty Ltd And City Of Busselton [2017] WASAT 71 - Town planning - Development application - Land use… more

California FTB Provides Guidance on Certain Section 382 Calculations - Tax Update Volume 2017, Issue 3

California requires taxpayers that have income within and outside the state to "apportion" their overall income between the two categories based upon certain factors and rules for determining their California tax liability… more

“Say it Ain’t So Barry:” A Brief Commentary on United States v. Barry Lamar Bonds and the Elusive Definition of Obstruction of Justice

Politics can be a contact sport as is evident from the recent appointment of a Special Prosecutor to investigate alleged misdeeds by the Trump Administration including obstruction of justice. Ironically, the decision of an “en banc”… more

Anti-Muslim Rhetoric in the Workplace: An Employer’s Guide to Risks & Prevention

Seyfarth Synopsis: Anti-Muslim rhetoric dominates many media headlines. A May 9, 2017 decision by the U.S. Court of Appeals for the Second Circuit highlights the risks to an employer when anti-Muslim rhetoric enters the workplace… more

MAS Asian Bond Grant Scheme

The Monetary Authority of Singapore (MAS) launched its new Asian Bond Grant Scheme (the Scheme) on 9 January 2017 with the stated aims of strengthening the Asian bond market and encouraging Asian issuers to raise international capital… more

Trust No One - Lunchtime Deals Should End in Intention, Not Retention

What You Can Learn about Vendor Management from the DocuSign Breach While some industries may get away with the “trust but verify” model, heavily regulated industries such as financial services have no such luxury. Trust no… more

Air transportation: amendments to the Canada Transportation Act tabled before Parliament

On Tuesday, 16 May 2017, Minister of Transport Marc Garneau introduced Bill C-49, the Transportation Modernization Bill, amending several key provisions of the Canada Transportation Act (the “Act”). The Bill is in line with the… more

Special Counsels in U.S. Government

Appointments of "special counsels" in the United States government are historically very rare and only called upon to investigate politically complicated matters, but they have been in the news lately as Deputy Attorney General Rod… more

Superfund Reform, Part 2: Giving Credit Where Credit Is Due

Last week, I offered less than fulsome praise of EPA Administrator Pruitt’s announcement that he was taking control of remedial decision for big Superfund sites. Now, he’s followed up with a memorandum announcing establishment of a… more

OSHA Likely to Postpone Electronic Injury and Illness Reporting

OSHA has announced it intends to propose extending the July 1, 2017 deadline by which certain employers were scheduled to begin reporting workplace injuries and illnesses electronically, as required by OSHA's new rule… 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

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From civil litigation to business transactions, Haight Brown & Bonesteel LLP provides practical and effective resolution advice to the most perplexing disputes, ranging from early mediation to…

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