Latest Updates

A New Limit on Patent Litigation Venue

A recent U.S. Supreme Court case limited patent litigation venues to a much narrower set of options. Patent venue is now limited solely to the state where the defendant is incorporated and/or states where it operates a regular and… more

Living with the DOL Fiduciary Rule: Be Prepared for the June 9 Implementation Date

The first phase of the Department of Labor’s (“DOL”) new fiduciary rule (“Fiduciary Rule”) is scheduled to be implemented on June 9, 2017. The Fiduciary Rule greatly expands the categories of persons who are deemed fiduciaries when… more

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest Even if Reasonably in Dispute

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies to claims… more

Trump's Deregulation-Oriented Executive Orders: How Will They Impact Recent CFPB Regulatory Actions and Other Financial Regulations?

How will President Donald J. Trump's recent executive order—(i) the "one-in-two-out" cap on new regulations and (ii) the mandated review of existing financial regulations—impact financial regulation, including regulations promulgated… more

Franchise Compliance: Franchising infringement notices and pizza

A recent decision by the ACCC to issue infringement notices to a franchisor demonstrates the need for franchisors to comply with the ongoing disclosure requirements to franchisees under the Franchising Code of Conduct… more

New Georgia Law Expands Use of Paid Sick Leave

Effective July 1, 2017, Georgia employers with more than 25 employees will be required to allow eligible employees to use up to five days of paid sick leave each calendar year to care for immediate family members, including the… more

Transparency in FCPA Enforcement

We all value transparency as a general concept, especially when it comes to the government. In a real macro perspective, we fund the government and we demand that our government operate efficiently, effectively and ethically… more

SEC Halts A “Safe,” “High Return” Investment Scheme

When the returns are far above market and the investment is safe and carries little to no risk, more likely it fits into the not to be believed category. Yet time after time investors flock to investment programs supposedly built on… more

BREAKING: High Court Limits Where Patent Suits Can Be Filed

The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they sold… more

Supreme Court Changes the Patent Venue Landscape

In a highly anticipated decision, the Supreme Court of the United States issued a unanimous opinion in TC Heartland LLC v. Kraft Food Group Brands LLC, holding that for the purposes of venue in patent infringement actions, a domestic… more

California’s Ambiguous Day of Rest Requirements Clarified by State Supreme Court - Employers Need to Schedule Accordingly

California employees are generally required to be provided one day’s rest in a seven-day work week. (See, Cal. Labor Code sections 551, 552 and 556.) For years, there has been confusion over what it means for employers to “cause” an… more

Department of Labor Provides Guidance on Fiduciary Rule Transition Period

On May 22, 2017, the U.S. Department of Labor (the “DOL”) released a new set of FAQs confirming that the compliance date for the fiduciary rule will remain June 9, 2017 (with compliance required as of 11:59 PM on that date) and… more

Rejection Junction What’s Your Function

It’s happened to every dealer, more so in the last eight or so years than ever – the lender has approved funding; the RISC has been signed by the customer and dealer, and assigned by the dealer to the lender; the title work has been… more

Is the Commission Starting to Take a Tough Stance on the Enforcement of Merger Procedure?

When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction.[1] This means that until clearance is obtained, companies… more

OIG Report Continues Criticism of CFPB Enforcement Data Security Practices

On May 15, 2017, the Federal Reserve Office of Inspector General – which also oversees the CFPB – released a report finding deficiencies in the CFPB Office of Enforcement’s (Enforcement) processes for securing sensitive information… more

Supreme Court Unanimously Changes Where Patents May Be Litigated

Monday, in TC Heartland LLC v. Kraft Foods Group Brands, No. 16-341, the United States Supreme Court significantly changed the geography where future patent infringement suits can be filed… more

State Department Makes Predictions about EB Cut-Off Date Movement

Notably, the State Department stated with certainty that the EB-2 Rest of the World category likely will retrogress in the coming months… more

Supreme Court Hits Reset on Patent Venue Law in TC Heartland

In the TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a domestic corporation resides only in its state of incorporation for purposes of patent… more

Status Update On NAFTA

Although the situation remains fluid, all signs now point to renegotiation (as opposed to termination) of the North American Free Trade Agreement (NAFTA or the Agreement). Late last week, press reports indicated that a draft executive… more

U.S. Supreme Court Halts Forum Shopping In Patent Infringement Cases

On May 22, the U.S. Supreme Court issued an important and long-awaited Opinion in TC Heartland LLC v. Kraft Foods Group Brands LLC, a case that centered on where a patent infringement suit can be filed. In a resounding 8-0 decision… more

Your Daily Dose of Financial News

With complaint piling up, Fannie Mae has decided to stop selling REO properties to Vision Property, the rent-to-own home business that’s been the subject of predatory-lending investigations of late… more

Litigation Trends in the Global Oil and Gas Industry: What You Need To Know

Michael Davison is head of the Hogan Lovells Litigation, Arbitration, and Employment Practice Group. For close to 30 years, he has been helping clients avoid disputes. He is currently working from the firm’s London office as an… more

Picking a Fight: How California Makes Employment Law Peculiar

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some background and a… more

HIPAA Settlement With Wireless Health Services Provider Is Less Than Meets The Eye

On April 24, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2.5 million HIPAA settlement with CardioNet, a wireless health services provider. CardioNet provides remote mobile monitoring… more

CFPB Releases Prepaid Rule Guidance

The Consumer Financial Protection Bureau (CFPB) released guidance on the agency's forthcoming Prepaid Rule, set to take effect on October 1, 2017. Although described as aimed at "small businesses," the guidance is useful for all… more

Mississippi CON Report

1. CON – Final Orders a. CON Review Number: FS-NIS-0216-002 – Oxford Pre-Op & Imaging Center, LLC d/b/a Oxford Pre-OP & Imaging Center – Acquisition or Otherwise Control of Magnetic Resonance Imaging (MRI) and Offering of MRI… more

Demand-Side of IPOs

Earlier this month Rick A. Fleming, Investor Advocate at the Securities and Exchange Commission, gave a speech in which he discussed the impact that shrinking public markets have on investor participation. Mr. Fleming noted that over… more

IRS Provides Guidance to Employers Using Payroll Service Providers

These days, the majority of mid-to-large employers use payroll service providers for ease of payroll recordkeeping and administration. These third party providers help ease the burden of calculating taxes and withholding, and filing… more

N.D. Florida Permits (Some) Discovery of Expert Who Changed from Consulting to Testifying Expert

Discovery regarding expert witnesses can be tricky. In our neck of the woods, the great Commonwealth of Pennsylvania, state courts almost never permit depositions of experts. If you want to ask the expert questions – and you will –… more

Dispute Resolution Alternatives in Latin America

The Cornell University Law School Legal Information Institute defines “Alternative Dispute Resolution” (ADR) as “any method of resolving disputes other than by litigation”. Arbitration and mediation are the two main forms of ADR… more

Breaking: Mass. SJC Overhauls SLAPP Statute Practice

The Supreme Judicial Court (SJC) today issued two decisions which together make important changes in how Massachusetts courts apply the often troublesome SLAPP statute, M.G.L. c. 231, § 59H, enacted in 1994. While of general… more

Federal Circuit Rules that Starr International Lacks Standing to Pursue Class Claims Stemming from the U.S. Government’s Acquisition of AIG Equity

On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the Government’s… more

Getting Past the Last Mile: Delivery Challenges For E-Commerce Businesses

E-commerce businesses have changed the relationship between consumers and retailers through the advent of expedited and low-cost home delivery services. Now, many consumers anticipate both free shipping with their purchase, and to… more

CMS Issues Proposed Payment Rules for Skilled Nursing Facilities

In a recently announced proposed rule (CMS-1679-P), CMS proposes to increase aggregate pay by $390 million in fiscal year (FY) 2018 for skilled nursing facilities (SNFs). In a separate notice (CMS-1686-ANPRM), CMS is soliciting… more

An Attorney Acting ‘With A Pure Heart And An Empty Head’ Is Sanctioned For Spoliating Emails

According to the Complaint filed in Michael Distefano and Nicole Distefano v Law Offices of Barbara H. Katsos, PC and Barbara H. Katsos, Michael DiStefano and a non-party were owners of a limited liability company that was the… more

New Jersey to Enact Fantasy Sports Law?

The New Jersey State Assembly has moved the State one step closer to enacting a fantasy sports law, passing a bill to impose regulations governing fantasy sports contests and their operators within the State… more

The Joint Tax Return

IRS data indicates that over 95% of married couples file jointly – and for most, but not all, couples this makes good economic sense. In this two-part series, we will discuss the advantages and disadvantages of filing joint and… more

DOT’s DBE Program Helps Promote Growth

The U.S. Department of Transportation (“DOT”) Disadvantaged Business Enterprise (“DBE”) Program provides opportunities for small businesses, owned and controlled by socially and economically disadvantaged individuals, Tribes and Alaska… more

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

The President's budget proposes over $600 billion in Medicaid cuts on top of major reductions anticipated in repeal and replace legislation; the Trump Administration asks the Court for more time to decide on cost-sharing reduction… more

IoT Deals Continue to Bolster Tech M&A Market

Dealmakers who responded to a recent Morrison & Foerster survey predicted that the market for M&A transactions in the technology sector will be even more robust in 2017 than it was in 2015 and 2016—years in which acquirers announced… more

Fast Buses May Bring Major Development Opportunities to Richmond

Beginning in October 2017, the City of Richmond’s Bus Rapid Transit (BRT) System, known as the PULSE, will operate through the center of Broad and East Main streets. The PULSE Corridor will run from Willow Lawn to Orleans Street, near… more

OSHA Delays Electronic Recordkeeping Compliance Date

Last week, the Occupational Safety and Health Administration announced that it intends to delay for an unknown period of time the initial compliance deadline for electronic submission of injury and illness recordkeeping forms… more

New Wave of Lehman Litigation Appears to Be Imminent

Thousands of mortgage lenders across the country either recently received, or will soon be receiving, this document from Lehman Brothers Holdings, Inc. (LBHI). It is a notice of a motion to approve a proposed settlement of Residential… more

WannaCry Also Encrypted Hospital Medical Devices

The fall-out from WannaCry continues, particularly in the healthcare sector. There are new reports that WannaCry affected at least two hospital systems in the U.S. and encrypted medical devices (power injector systems) in the… more

Testing the Limits II – Cyber Coverage Litigation Keeps on Rolling

As cyber risks continue to evolve, resulting insurance claims continue to implicate a variety of types of policies. Although many claims are addressed without lawsuits being filed, some are not. And while not all coverage actions… more

Bill Permitting “Comp Time” in Lieu of Overtime Heads to Senate

A Republican proposal to allow private employers to offer employees compensatory time off in lieu of paying overtime at time–and–a–half their regular rate has been approved by the U.S. House of Representatives and next moves to the… more

Clarity on Doctrine of Equivalents Analysis for Chemical Claims

Mylan Institutional LLC v. Aurobindo Pharma Ltd, No. 2017-1645 (Fed. Cir. May 19, 2017) - On May 19, 2017, the Federal Circuit addressed and modified a rare grant of a preliminary injunction based on the doctrine of equivalents… more

Supreme Court Holds That U.S. Corporations “Reside” Only in Their State of Incorporation for Patent Venue Purposes, But Questions Remain

Highlights and Impact: On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held 8 – 0 that a domestic corporation “resides” only in its state of incorporation for the purpose of determining… more

Ninth Circuit Confirms Prior Salary Can Be A Legitimate Factor Other Than Sex Under Federal Law

Relying on salary history to justify differences in employee pay can be a valid defense under the Equal Pay Act, according to a recent decision by the United States Court of Appeals for the Ninth Circuit. Rizo v. Yovino, 2017 U.S… more

President's Budget Proposes Paid Leave, Funding Cuts, and Merger of OFCCP and EEOC

President Trump has released his proposed federal budget, setting out his priorities for the 2018 fiscal year, which begins October 1. As anticipated, the budget represents a marked shift in potential government spending; it proposes… more

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