Latest Updates

Evaluating human rights risks for mega-sporting event hosts

Businesses involved in major sporting events will increasingly need to have a more sophisticated understanding of how their activities, products and services might be involved in adverse human rights impacts. In recent months a number… more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home delivery… more

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s habits and… more

The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical errors are… more

The Netherlands proposes changes to dividend withholding tax

The Dutch government has released an attractive proposal to fully exempt withholding tax on dividends paid to non-resident shareholders in treaty countries provided certain conditions are met. Many multinational enterprises should be… more

A Sea of Change: The Congressional Review Act and Energy Regulation

The beginning of 2017 has brought a sea change within the US regulatory regime, with yet unknown global effects. While Congress and the administration targeted many regulations, only 15 were reviewed and only 14 were repealed… more

Portuguese courts consider the enforceability of derivatives

Within the last few years, derivatives have been under scrutiny by Portuguese courts, affecting not only derivatives entered into under agreements subject to local law, but also derivatives subject to International Swaps and… more

Modernization of French Bondholders' Rights

On 10 May 2017, an ordinance was adopted by the French government ("Ordinance") in order to promote the use of bonds as a financing vehicle for French issuers that represents a major step forward in the French debt capital markets… more

Banking fraud The power of well drafted account opening documents in the age of e-mail

When a banking customer falls victim to a fraud on his or her account, the bank that unknowingly facilitated the fraud may be faced with the question of whether it acted with sufficient care to prevent it. The decision of the Ontario… more

Health Care Reform Weekly Roundup – Issue 2

Below are key health care reform developments from the week of May 15th: ACA Repeal Efforts. Efforts to repeal and replace the Affordable Care Act (ACA) continue despite slowing down as the House of Representatives’ American… more

Iowa Gun Legislation & Its Impact on Government Health Care Facilities

Last month, former Governor Branstad signed House File 517 which significantly expands the rights of gun owners in Iowa. The legislation also allows Iowans to sue cities or counties that enact “gun-free zones.”… more

Is the NCAA Out of Bounds on Academics?

An ongoing controversy regarding fraud and academic dishonesty among student-athletes at the University of North Carolina at Chapel Hill (“UNC”) has brought to the forefront an important question: Who is responsible for ensuring… more

Cinfa Biotech Announces Positive Clinical Trial Results for Neulasta Biosimilar

Cinfa Biotech, a Spanish company focusing on the development of biosimilars, announced positive results from their second clinical trial evaluating a biosimilar version of Amgen’s Neulasta (pegfilgrastim). According to the company’s… more

Changes coming soon for pharmaceutical patent litigation in Canada: key points

As a result of the Comprehensive Economic Trade Agreement with the European Union, significant changes to the patent linkage provisions and patent litigation framework relating to generic and biosimilar drug approval in Canada are on… more

Why Design Patents Are Surviving Post-Grant Challenges

As of January 2017, the institution rate for Patent Trial and Appeal Board trials involving design patents was 37 percent. That is significantly lower than every other technology area and makes design patents the only technology area… more

FDA Approves “First-of-its-kind” Infant Medical Device

The U.S. Food and Drug Administration (FDA) recently authorized the use of what it described as a “first-of-its-kind” medical device to treat infants for a birth defect called esophageal atresia, in which the upper esophagus is… more

OSHA Indefinitely Postpones Electronic Submission of Injury and Illness Records

With a July 1, 2017 deadline looming, the Occupational Safety and Health Administration (OSHA) just announced on its website an indefinite extension for the electronic submission of injury and illness logs. This extension delays the… more

West Coast Real Estate Update - May 2017 - #3

L.A. to Legalize Residential Units Previously Created in Violation of Building Code - On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling units that had… more

Plaintiffs’ Securities Claims Denied Class Treatment for Failure to Satisfy Predominance Requirement

On May 15, 2017, the United States District Court for the Southern District of New York denied class treatment to a proposed class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934. In its opinion, the… more

Can Pseudo-Foreign Corporations Exonerate Their Directors?

Corporations Code Section 2115 is not an easy read. Fortunately, California Supreme Court Chief Justice Tani Cantil-Sakauye has provided a more digestible overview of the statute..… more

Officer and director checklist: Complying with the global reach of the New York Department of Financial Services Cybersecurity Regulation

The New York State Department of Financial Services (NYDFS) issued Cybersecurity Requirements for Financial Services Companies (the "Cybersecurity Regulation") effective March 1, 2017. The regulation imposes tight compliance deadlines… more

Are Your Clients Ghosting Your Firm Without Even the Courtesy of a 'Dear John' Letter?

At the heart of all strong relationships with clients: good communication! Here are nine ways to connect with clients… more

California and Georgia disallow jury trial waivers

Commercial lenders tend to perceive jury trials as disadvantageous when resolving conflicts between them and their borrowers. Alternative dispute resolution, such as binding arbitration, has proved to be an unsatisfactory substitute… more

ESOP Trends in the Marketplace

Over the years, employee stock ownership plans (ESOP) have evolved in many ways. Currently, ESOP transactions began to resemble traditional M&A transactions including financial structures, warrants and market rate sub-debt. In a recent… more

Public Comment Period Closes for FDA’s Draft Interchangeability Guidance

On May 19, 2017, the period for submitting public comments on the FDA draft guidance on biosimilar interchangeability closed (for a discussion of the FDA draft guidance click here). The draft guidance was published on January 17, 2017… more

IRS Issues New Rules for Management Contracts involving Tax-Exempt Financed Facilities

The Internal Revenue Service (IRS) issued Revenue Procedure 2017-13 (Rev. Proc. 2017-13) on Jan. 17, 2017. The procedure provides more flexible, modern rules for structuring management contracts involving tax-exempt financed… more

U.S.-China “100-Day Plan” On Trade

On April 6-7, 2017, President Trump hosted President Xi Jinping of China at Mar-a-Lago for the first meeting between the two leaders. The meetings covered a number of important topics including economic and trade issues, and the two… more

China Announces Amendments to Regulation on the Supervision and Administration of Medical Devices

On May 19, 2017, China’s State Council promulgated the amendments to the 2014 Regulation on the Supervision and Administration of Medical Devices (“the Amendments”), which became effective immediately. The Amendments clarify issues… more

Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where Defendant Has Regular and Established Place of Business

The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme Court… more

California's "Day of Rest" Requirement

The California Supreme Court recently clarified the California Labor Code's requirement that employers must provide their employees a "day of rest" in Mendoza v. Nordstrom Inc., No. S224611 (May 8, 2017). The Labor Code prohibits an… more

New Belgian public procurement directives implemented

In view of the implementation of the new public procurement Directives, the Belgian government enacted the Royal Decree of 18 April 2017 on public procurement in the classic sectors as published in the Belgian State Gazette of 9 May… more

New York DFS proposes to restrict auto insurers' use of education and occupation as rating factors

The New York Department of Financial Services (DFS) has proposed a regulation restricting the use of education and occupation criteria by private passenger auto insurers in setting rates. The proposed DFS regulation implements a… more

Financial Services Weekly News - May 2017 #4

Editor's Note - Memorial Day. On Memorial Day, we will be celebrating the men and women whose service and sacrifice ensures the preservation of freedom and opportunity across the United States. Rather than summarize the developments… more

Supreme Court Rules Creditors May Pursue Claims for Stale Debt in Bankruptcy

With its recent opinion inMidland Funding, LLC v. Johnson, the Supreme Court has put to rest the question of whether or not filing stale claims violates the Fair Debt Collection Practices Act (“FDCPA”), determining that proofs of claim… more

Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there are costs… more

PHH v. CFPB En Banc Oral Argument Recap: Who Won?

The Skinny on the Scuffle - During the 1 hour and 36 minute debate held on May 24, the parties and the full D.C. Circuit Court engaged in a lively and passionate back and forth, mostly over the constitutionality of the Bureau. A… more

Appellate Court Vacates Federal Aviation Administration (FAA) Rule Requiring Recreational Drone Owners to Register with the FAA

On May 19, the United States Court of Appeals for the District of Columbia vacated the Federal Aviation Administration’s (FAA) Registration Rule as it pertains to model aircraft. The Panel’s opinion defined model aircraft as an… more

Last but Not Least, Texas Takes the Final Steps to Embrace Telemedicine

As one of the last states to retain highly restrictive (and arguably anti-competitive) telemedicine practice standards, health care providers, regulatory boards, technology companies, payors and other stakeholders have been actively… more

WIPO Re:Search Unveils New Strategic Plan for Fight Against Neglected Tropical Diseases, Malaria, and TB

On May 23, 2017, the World Intellectual Property Organization (WIPO) announced a new five-year strategic plan for WIPO Re:Search to guide that initiative's activities in the fight against neglected tropical diseases, malaria, and… more

FY2018 Massachusetts Budget Update: The Senate Ways and Means Budget

On May 16, 2017, the Massachusetts Senate Ways and Means Committee proposed a $40.791 billion FY2018 budget. The budget, which increases spending by 3.3% over FY2017 levels, spends $280 million more than Governor Charlie Baker’s… more

“Google” Still Not (Yet) Generic

Last week the U.S. Court of Appeals for the Ninth Circuit issued a significant opinion on the topic of genericness, Elliott v. Google, Inc., No. 15-15809. The opinion affirmed a federal district court’s grant of summary judgment that… more

China's Cybersecurity Law and Draft Implementation Rules

The law applies to all “network operators” and introduces cybersecurity mechanisms. On November 7, 2016, the Chinese government released a draft version of the Cybersecurity Law (CSL) that will govern China’s cyberspace effective… more

Wish Lists

Many groups have come forward in recent weeks with their lists of regulations that should be reviewed or amended, as well as their list of areas that merit close review in light of the potential burdens that may be imposed by current… more

MSHA Extends Effective Date of Final Rule on Examinations of Working Places in Metal and Nonmetal Mines to October 2, 2017

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced on May 22, 2017, that it is extending the effective date of the agency’s Final Rule on Examinations of Working Places in Metal and Nonmetal Mines… more

Attention Contractors: The Right to Cure Act may still be alive!

Perhaps you forgot about it, or maybe you just gave up on it; regardless, you will be happy to hear that the Right to Cure Act just may be alive. In an Order dismissing Plaintiffs’ claims, entered in the Charleston County Court of… more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to work each day… more

Picking Up the Post-Preemption Pieces

Parties often file motions in limine on fairly case-specific issues, building on the history of discovery and motions practice in the case. Applying a ruling on in limines from one case to another can be a dicey proposition as… more

Construction One-Minute Read: Allowance or Contingency?

While both relatively simple concepts, allowances and contingencies are often confused with one another. Conflating the two can lead to pitfalls… more

[Webinar] The Changing Landscape of Anti-Discrimination Laws and Workplace Policies in Light of the NLRB - June 8th, 1:00pm ET

This webinar will discuss some of the more discrete and growing areas of anti-discrimination law at the state and federal level. For instance, ban the box laws have become very popular at the state level to prevent discrimination… more

Arbitration Agreement Enforced on Behalf of Nonsignatory

Seyfarth Synopsis: The California Court of Appeal has utilized theories of equitable estoppel and agency to hold that an employee must arbitrate claims he asserted against an alleged joint employer, even though that defendant had not… more

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Ary Rosenbaum is an ERISA/ retirement plan attorney for his firm, The Rosenbaum Law Firm P.C.. At a flat fee, Ary helps plan sponsors reduce their plan cost, facilitate administration, and limit their…

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