Latest Updates

FDA Advisory Committee Recommends Approval of Pfizer’s EPOGEN®/PROCRIT® Biosimilar

As we previously reported, the FDA Oncologic Drugs Advisory Committee (“ODAC”) held a public meeting today regarding Hospira’s application for its proposed biosimilar of Amgen’s Epogen®/Procrit® (epoetin alfa). Pfizer, Hospira’s… more

Application of the U.S. Risk Retention Rules to “Indenture-Style” Cellular Tower Securizations

17 C.F.R. Part 246, adopted jointly by the Securities and Exchange Commission (“SEC”) and five other federal agencies in October of 2014 (the “U.S. Risk Retention Rules”), requires a sponsor of asset- backed securities (“ABS”) or a… more

“Last Employer Rule” in Occupational Disease Addressed by Fifth Circuit

On May 17, 2017, the United States Court of Appeals for the Fifth Circuit rendered a decision affirming an Administrative Law Judge’s decision in Bollinger Shipyards, Inc., et al. v. Director, OWCP, et al., No. 16-60370. This matter… more

Countdown to PSD2: Towards a level playing field

When the second Payment Services Directive (PSD2) is transposed into national law among European member states in 2018, it will reflect a revolution in the payments industry… more

2017 Legislative Update

In 2017, the Maryland General Assembly, during its 437th session, adopted stockholder-friendly legislation concerning Maryland corporations and real estate investment trusts, while rejecting or delaying more radical changes to the… more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA… more

Licensee seeks West Branch and Sysladobsis Dam amendment

A Maine dam owner has applied to federal regulators seeking to exclude from its hydropower license one of two dam-based developments which comprise the project. At issue is the January 31, 2017 application of Woodland Pulp LLC to… more

UK Criminal Finances Act 2017: A Dechert "Dirty Money" Trilogy

Part One: "A Fistful of Tax Dollars" - A New Corporate Offence of Failure to Prevent the Facilitation of Tax Evasion.. The Criminal Finances Act 2017 represents a further significant development in the approach to the… more

European Banking Authority Publishes Final Guidelines for Implementation of an Expected Credit Loss Accounting Model by Banks

The European Banking Authority has published final Guidelines on banks' credit risk management practices and accounting for expected credit losses. These final Guidelines are a result of a consultation that ended on October 26, 2016… more

FCA Publishes Two Papers on the Effectiveness of UK Primary Markets

In the FCA's 2016/2017 Business Plan, one of the FCA's main priorities was to carry out a review of the structure of the United Kingdom's primary markets in order to ensure that they continue to serve the needs of both issuers and… more

Rite Aid’s Online Store Breached

Rite Aid has admitted that its online eCommerce platform was accessed by unauthorized individual(s) from January 30, 2017, through April 11, 2017, and their customers’ names, addresses and payment card information, including credit and… more

Littler Global Guide - Romania - Q1 2017

Public Sector Minimum Wage - New Order or Decree - The minimum gross wage in Romania increased from RON 1,250 to RON 1,450 (EUR 322) on February 1, 2017 as stated in January report… more

California Agencies Hold En Banc on Retail and Customer Electricity Choice

On May 19, 2017, the California Public Utilities Commission (CPUC) and the California Energy Commission (CEC) held a joint en banc on customer and retail choice in California. In attendance were CPUC Commissioners Guzman Aceves… more

Torts – Recreational Use Immunity – Consideration Exception

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of San Mateo… more

Public Use of “Googling” Does Not Genericize Trademark

When faced with a random (but very important) question, how often is our response: “I’ll google it”? Using google as a verb, similar to the above question, was at the center of a recent decision by the U.S. Court of Appeals for the… more

New test for reparation topping-up ACC

On 22 May 2017, a company and its director were ordered by the District Court to pay its employee $226,300 to top-up ACC in respect of future loss of earnings as a result of his being rendered a tetraplegic by a workplace accident… more

Midtown Acquisitions LP v Essar Global Fund Ltd [2017] EWHC 519 (Comm)

On 17 March 2017 Mr. Justice Teare delivered an important judgment concerning the enforcement of foreign (specifically New York) judgments in England. The case involved a New York procedure known as “Judgment by Confession”, which… more

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the abuse-of-discretion… more

Second Circuit Rejects Application of Collateral Order Doctrine to “Non-Colorable” Double Jeopardy Claim

In United States v. Serrano, 16-432-cr; 17-461-cr (Kearse, Calabresi, Cabranes), the Second Circuit denied the defendant’s interlocutory appeal for lack of jurisdiction, holding that the collateral order doctrine is inapplicable to… more

Circular on Pilot Tax Policies for Venture Capital Firms and Individual Angel Investors

In order to promote the sustainable and healthy development of venture capital investment, the Ministry of Finance and the State Administration of Taxation have jointly promulgated the Circular on Pilot Tax Policies for Venture Capital… more

Wage and Hour Takeaways from Trump Post 100 Day Symposium

Seyfarth Synopsis: On May 25, 2017, Noah Finkel spoke at our full-day summit about what to expect from the DOL under the new administration. Noah’s forecast: “They say that the policy is the people, and we don’t yet have the people.”… more

Appellate Court Notes: Week of May 22, 2017

Supreme Court Advance Release Opinions: Released after 11:30 a.m. SC19568, SC19569 - Mayer v. Historic District Commission - The statutory grounds for aggrievement for zoning appeals do not apply to Historic Districts. To… more

A $1 Trillion Infrastructure Package Will Only Get You $500 Billion Worth of Stuff Without Permitting Reform

Tuesday, President Donald Trump released his FY 2018 budget. Within the budget the administration included a fact sheet containing key principles for the president’s $1 trillion infrastructure plan. On a call with reporters… more

CBO Score of Final House Bill Reveals Threats to Insurance Market Stability

The Congressional Budget Office (CBO) on May 24 released its much-anticipated score of the House Republicans’ bill to repeal and replace the Affordable Care Act (ACA), officially known as H.R. 1628, the American Health Care Act (AHCA)… more

Late Charges on Balloon Payments: How Big Can They Be?

Getting charged extra for a late payment is standard protocol in lending practices. Judges, lawmakers and regulators have long agreed there’s an administrative hassle lenders should be compensated for when having to recover money past… more

Prudential Regulation Authority Publishes Policy Statement on Strengthening Individual Accountability in Banking

The Prudential Regulation Authority has published a Policy Statement on strengthening individual accountability in banking. The Policy Statement provides the PRA's final policy on a number of issues. Among other things, the PRA has… more

Recent Guidelines in Handling FMLA Claims

Your employee takes twelve weeks of FMLA, but cannot return when her leave expires. Her doctor certifies that she needs an additional 30 days of recuperation, but she claims she can do light-duty work during that 30 day period. What… more

BPCIA Litigation Roundup (Spring 2017)

Below is our spring update on the U.S. patent litigations concerning proposed or approved biosimilar products. For additional details, please consult our BPCIA Litigation Summary Chart or our previous quarterly updates (Summer 2016… more

Bill 17: The Fair and Family-friendly Workplaces Act overview

Bill 17: The Fair and Family-friendly Workplaces Act was tabled in the Legislature on Wednesday, May 24, 2017. The Bill includes broad and sweeping changes to the Employment Standards Code and the Alberta Labour Relations Code. Below… more

FTC Puts Social Media Influencers on Notice for Possible Violations of the Truth-in-Advertising Laws

Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in his latest… more

The Stealthy Traffic Camera and the Class Action That Wasn’t

Mobile speed units. Those mindless menaces squinting at everything that rolls down the road. Most drivers approach them with caution, but others, either oblivious to their presence or bent on one-upping the machine, speed by, only to… more

TC Heartland: The End of an Era in Patent Litigation

On Monday, May 22, the Supreme Court reached a unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, overruling the Federal Circuit’s interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and potentially… more

The Countdown Continues: One Year to the GDPR

The General Data Protection Regulation (GDPR or Regulation) will become applicable in one year, as of May 25, 2018. A lot has happened since we set out the key provisions of the Regulation last year… more

European Banking Authority Publishes Final Guidelines to Assess Information and Communication Technology Risk

The European Banking Authority has published final Guidelines on the assessment of the Information and Communication Technology (ICT) risk in the context of the Supervisory Review and Evaluation Process (SREP). These final Guidelines… more

Court Affirms Jury Finding Of No Breach Of Fiduciary Duty In Partnership Dispute

In Thunder Rose Enters. v. Kirk, the plaintiffs sued the defendant for various claims, including breach of fiduciary duty based on an alleged partnership dispute. No. 13-15-00431-CV, 2017 Tex. App. LEXIS 3481 (Tex. App.—Corpus Christi… more

Comcast’s Domain Name Enforcement on the Wrong Turf

“Our client is . . . prepared to resolve this matter amicably and without pursuing its claims for damages, but only if you immediately comply with its demands.”… more

CFTC Amends Whistleblower Rules to Strengthen Anti-Retaliation Protections and Encourage Whistleblower Tips

On May 22, 2017, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) adopted several additions to its whistleblower rules. Among other things, the amendments expand the Commission’s power to pursue… more

Dow/DuPont: MOFCOM Grants First Conditional Clearance of 2017

On 2 May 2017, China’s Ministry of Commerce (MOFCOM) announced its conditional clearance of the proposed US$130 billion all-stock merger of equals between the Dow Chemical Company (Dow) and E.I. du Pont de Nemours and Company (DuPont)… more

Supreme Court to review policy of partial institution of inter partes reviews

The Supreme Court recently granted certiorari and will review Patent Trial and Appeal Board (PTAB) practice involving instituting review on fewer than all patent claims challenged in an inter partes review (IPR) petition. Typically… more

If the Shoe Fits, Wear It – Bank Third Party Vendors as Institution-Affiliated Parties

When negotiating bank third party vendor contracts it is not unusual to ask the vendor to acknowledge in the contract that bank regulators might exercise some sort of supervision over the vendor. Vendors will oftentimes push back on… more

Deadly Crash in Canoga Park Sheds Light on Impaired Driving

Recently a high-speed crash in Canoga Park, California took the life of young driver Steven Rodriguez, just two weeks after his 21st birthday. Authorities believe than an excessive rate of speed combined with possible alcohol… more

Did A Non-Existent Committee Move To Update Corporations Code?

In April, I kvetched about numerous outdated references in the California Corporations Code. For example, several provisions of the Code continue to refer to the “Internal Revenue Code of 1954” more than three decades after the… more

Deutsche Börse Introduces New Exchange Segment Scale

On 1 March 2017, Deutsche Börse AG, the operator of the Frankfurt Stock Exchange, launched Scale, a new market segment for small and medium-sized enterprises ("SMEs"). Scale replaces Deutsche Börse's former market segment Entry… more

Patent Litigation Venue: Supreme Court Clarifies Venue Statutes in TC Heartland v. Kraft Foods.

The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue...… more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against her former… more

Show and Tell: Successful Examiner Interview Strategies for Consumer Product Cases

For consumer product companies, the Examiner interview has heightened importance and presents a unique opportunity for success. Because product lifespans are often brief and knockoffs find their way into the market quickly, a short… more

Function/Way/Result Test Causes Headaches in Chemical Cases; Substitute Insubstantial Differences Test

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., [2017-1645] (May 19, 2017), the Federal Circuit affirmed the grant of a preliminary injunction against the infringement of U.S. Patent 9,353,050 on a triarylmethane dye used to map… more

[Video]This Week in FCPA-Episode 54, the Rubber Match Edition

This week, Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. Tom reports on Compliance Week 2017? 2. If the DOJ releases new information in the form of the Evaluation of… more

Will the Tech Industry Be Trumped By Immigration Reform?

The Trump Administration could soon make it more difficult for talented immigrants to obtain tech jobs in the United States. As President Trump takes aim at technology companies throughout the nation who use H-1B visas and a variety of… more

DOL Fiduciary Rule Will Become Effective June 9, 2017 as Scheduled

The DOL recently dashed all hope of a reprieve on the June 9, 2017 effective date of the DOL Fiduciary Rule and portions of related prohibited transactions, and provided additional guidance to fiduciaries for the transition period… more

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