Latest Updates

Illinois Bills to Watch

Just days away from the May 31 close of its regular legislative session, the Illinois General Assembly has yet to enact the comprehensive series of tax and budget reforms that were first proposed by the Illinois Senate leadership late… more

Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory activities and… more

Central District of California Upholds the Constitutionality of the CFPB and Enforces a CID

Adding to the growing body of cases disputing the CFPB’s authority to issue civil investigative demands (“CID”), a U.S. district court judge in the Central District of California, on May 17, rejected multiple challenges and ordered a… more

Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic Stay Provision of the Bankruptcy Code

In re: Linear Electric Co., Inc., No. 16-1477, 2017 U.S. App. Lexis 5527 (3d Cir., March 30, 2017) - This case concerns whether suppliers, Cooper Electrical Supply Co. and Samson Electrical Supply Co. (“Suppliers”), could file… more

Outline for Discussion of New Issue Price Rules

New tax rules relating to establishing the issue price of publicly offered tax-exempt bonds become effective soon. This outline describes the new issue price rules, provides a high-level strategic analysis to help guide a discussion… more

Your Daily Dose of Financial News

Several members of healthcare hedge fund Deerfield Mgmt have been implicated in an insider-trading case over the alleged use of confidential information about gov’t financing to trade shares in affected health care companies… more

Federal Circuit Gives PTAB Free Hand on Claim Construction

The Federal Circuit recently held that the Patent Trial and Appeal Board is not constrained by parties’ proposed constructions and may, in fact, adopt an alternative construction that the Board raises for the first time at oral… more

Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

Last month the Southern District of New York granted DCH Auto Group’s motion to confirm a favorable arbitral decision dismissing a pro se plaintiff’s arbitration with prejudice, over a host of different challenges seeking vacatur of… more

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

With over one billion websites on the Internet, and 211 million items of online content created every minute, it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed… more

Torts & Insurance Cases from the 4th Circuit Court of Appeals

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance… more

Florida Federal District Court Denies Government’s Attempt To Submit Statement of Interest In False Claims Act Case Where Government Declined to Intervene

On April 26, 2017, the United States District Court for the Middle District of Florida denied the government’s motion for leave to submit a “statement of interest” in a False Claims Act (FCA) action in which the government had declined… more

Medicare Claims Appeals Process - A Refresher

With the increased audit activity we are seeing among the alphabet soup of Medicare contractors— RACs, ZPICs, SMRCs, CERTs, etc.—now appears to be a good time for a refresher on the Medicare claims appeals process. Due to this… more

Philadelphia Earned Income Tax Credit Bill Signed

Philadelphia Mayor Jim Kenney has signed a bill expanding employers' notice requirements to employees concerning the federal Earned Income Tax Credit (EITC)… more

Health Update - May 2017

Mapping the Healthcare M&A Landscape Under the New Administration - Editor’s Note: The healthcare M&A market continues to be among the most active sectors. In a recent webinar, Manatt examined how the policies and goals of the new… more

EU-Singapore FTA Opinion of the Court of Justice

Has the Court’s opinion on the EU Singapore FTA shaped future EU trade agreements and a future EU-UK FTA? The Opinion clarifies the EU competence to conclude trade agreements. The ability of the EU to conclude an agreement with… more

What Is The New U.S.-China Trade Deal and How Will It Affect Exporters?

On May 12, Wilbur Ross, the U.S. Commerce Secretary, announced that the U.S. and China have reached a new trade deal with four components that are supposed to boost U.S. exports and close America’s trade gap with China. The questions… more

Balancing Act: Supreme Court Rules That Filing a Proof of Claim for Stale Debt Does Not Violate the Fair Debt Collection Practices Act

The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a “false, deceptive, misleading, unfair, or unconscionable” act within the meaning of the Fair Debt… more

2017 Tax Update

The current 2017 federal exemption against estate and gift taxes is $5,490,000 per person. This includes a $40,000 increase over the 2016 federal exemption based on an inflation adjustment. Such exemption may be used during lifetime or… more

U.S. Supreme Court Limits Choices for Patent Infringement Suits

A U.S. patent owner is now limited in where they can sue an accused patent infringer after the U.S. Supreme Court on Monday reversed a previous federal appeals court decision… more

Governor Scott Signs Public Records Bill: Relief for Florida Agencies

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s Relief… more

Estate Tax Changes Past, Present and Future

I. INTRODUCTION - This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts to repeal the estate tax in President Clinton’s second term and accelerated with… more

Are you ready for the Criminal Finances Bill 2017?

In December 2016 we considered the changes proposed by the Criminal Finances Bill (the Bill) in "All change for money laundering regulation? - Impact for the private equity industry." On 27 April 2017, the Criminal Finances Act 2017… more

Executive Order Establishes American Technology Council

On May 1, 2017, President Trump signed the Presidential Executive Order on the Establishment of the American Technology Council (the ATC EO). The ATC EO is intended to “promote the secure, efficient, and economical use of information… more

Supreme Court Restricts Patent Venue - Holding That A Domestic Corporation "Resides" Only In The State Of Incorporation

On May 22, 2017, the Supreme Court issued its long awaited opinion in T.C. Heartland L.L.C. v. Kraft Food Brands, L.L.C., No. 16-341 (U.S. May 22, 2017)—easily one of its most consequential rulings in patent law in several years. In an… more

Allergan, Inc. v. Teva Pharms. USA, Inc.

Case Name: Allergan, Inc. v. Teva Pharms. USA, Inc., 15-1455-WCB, 2017 U.S. Dist. LEXIS 4545 (E.D. Tex. Jan. 12, 2017) (Bryson, J.). Drug Product and Patent(s)-in-Suit: Restasis® (cyclosporine ophthalmic solution); U.S. Patents… more

The Financial CHOICE Act Is Approved by US House Financial Services Committee

On May 4, the Financial CHOICE Act (the FCA) — which was introduced to the House of Representatives on April 26 by Rep. Jeb Hensarling (Texas-5), and co-sponsored by seven of his Republican colleagues and referred for consideration to… more

Retailer Successfully Defends Text Messaging TCPA Claim

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer… more

Massachusetts Appellate Court Holds That No-Damages-for-Delay Clause Does Not Bar Claim for Schedule Compression and Affirms Award of Total Cost Damages

Central Ceilings, Inc. v. Suffolk Constr. Co., Inc., 2017 Mass App. Lexis 36 (March 29, 2017). The Massachusetts State College Building Authority contracted with Suffolk Construction Company (“Suffolk”) to serve as the general… more

Operationalizing Compliance: Part IV – Internal Audit

This week I am engaging in a week-long series on how a Chief Compliance Officer (CCO) or compliance practitioner might think about operationalizing a compliance program with other corporate functions and disciplines. I am joined in… more

Florida Administrative Judge Increases The Number Of Medical Marijuana Licenses By Two

While we wait to see if the Florida Legislature will call a special session to get regulations passed to implement Amendment 2, now comes news that a Florida Administrative Judge has ruled in favor of two growers who who had previously… more

Banking Cannabis Clients Under Canada’s Anti-Money Laundering Regime

Unlike the United States, where the sale of cannabis remains illegal federally, the sale of cannabis for medicinal purposes has been legalized in Canada. Following a recent announcement by the Canadian government, legislation has now… more

Politics in the Workplace

Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with, their… more

Collection of Funds in Individual Retirement Accounts: Are They Really Exempt?

This article explores the assumption that IRAs are fully exempt from attachment by judgment creditors. Recently, Clark Hill argued that a judgment debtor's use of IRA funds for purposes that were not intended by Illinois exempt status… more

Mine Safety Agency Issues Close Call Accident Alert After Structural Failure

The Mine Safety and Health Administration issued a “close call accident alert” after a structural failure at a sand and gravel mine. MSHA said that a scrubber tower located at the mine structurally failed moments after a miner… more

In One Fell Swoop, Supreme Court Upends Quarter Century of Practice and Limits Proper Venue in Patent Disputes, Much to the Dismay of Patent Trolls

On May 22, the U.S. Supreme Court determined that a domestic corporation “resides” only in its State of incorporation for purposes of the patent venue statute, 28 U.S.C. § 1400(b). While seemingly an esoteric discussion of civil… more

“Statutory Interpretation Does Not Get Much Simpler”–the FAA’s Registration Rule Gets its Wings Clipped

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in John Taylor v. Michael Huerta striking down the Federal Aviation Administration’s Registration Rule, which required the owners of small unmanned… more

California’s Tightened Regulations on Considering Criminal History in Employment Decisions Take Effect July 1, 2017

Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved this year by the Office of… more

SEC, USAO Charge Four With Insider Trading Tied to Political Intelligence

The Commission resolved an earlier action against a political intelligence firm that had ties to the Centers for Medicare & Medicate Services or CMS by requiring admissions, a cease and desist order and revamped compliance procedures… more

The Future Of The Patient Protection And Affordable Care Act May Be Uncertain… But HIPAA Is Here To Stay

While the future of the Patient Protection and Affordable Care Act and any potential replacement legislation is still in question, the Office for Civil Rights (“OCR”) within the U.S. Department of Health and Human Services (“HHS”) has… more

[Video]Unfair and Unbalanced-Episode 18

In this episode, Roy Snell and myself discuss how incentives are integral to the compensation plans of a wide range of workers. Many experts point to their value in rewarding behavior that is in the interest of the organization and for… more

OSHA Indefinitely Delays Electronic Reporting Requirements

Last week, the Labor Department indefinitely delayed enforcement of at least the first phase-in deadline of its electronic reporting requirements for injury and illness logs. Specifically, OSHA’s Injury and Illness Recordkeeping and… more

Trumpdate: Proposed Budget Shows “Yuuuge” Changes Afoot In Labor And Employment Arena

Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH… more

What Attorneys Need To Know When Using A Realtime Court Reporter

When an attorney participates in a deposition with a realtime court reporter providing instantaneous translation of the testimony, there are best practices that an attorney can use to create a better record and get the most out of the… more

DOL Signals the Fiduciary Rule Will Become Final

The Department of Labor (DOL) has now made clear that it intends for its controversial “Fiduciary Rule” to become effective on June 9, 2017. The Fiduciary Rule expands the definition of “fiduciary investment advice” under ERISA and the… more

Split FCC Proposes Rural “Rate Floor” Reform

On May 18, 2017, at its May Open Meeting, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking and Order on a two-one vote, seeking comment on whether it should reform the so-called rural “rate floor”… more

FCC Enforcement Monitor ~ May 2017

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: - Former… more

Can I Get That in Writing?

As an employer, you may be faced with an employee claiming that they have not received their legal entitlements. They may be claiming they worked more hours, have not received relevant overtime or penalty rates, or they are entitled to… more

Transfer pricing compliance in Russia. Part 3. Stages of transfer pricing compliance

Dentons’ Tax and Customs practice congratulates its clients and friends on the end of the first stage of transfer pricing compliance for 2016 – the filing of the notification of controlled transactions completed in 2016!… more

Trump Nominates Sullivan For Last Vacant Seat On Occupational Safety And Health Review Commission

President Donald Trump has nominated attorney James Sullivan to the U.S. Occupational Safety and Health Review Commission (OSHRC) to fill the remaining vacancy on the three-member commission. OSHRC is an independent agency that… more

Quebec Adopts Bill 102, Overhauls Its Environmental Approval Regime

On March 23, 2017, the Quebec national assembly adopted Bill 102 to amend the Environment Quality Act (EQA). The Bill will result in significant changes to Quebec’s environmental approval regime. Bill 102 was tabled on June 7… more

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Schwegman Lundberg & Woessner is a boutique law firm dedicated to the practice of intellectual property law. This means everyone at SLW is on the same page and there is no competition between…

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