Latest Updates

Rx IP Update - April 2017

Teva awarded section 8 damages regarding pregabalin and olanzapine - On March 30 and April 4, 2017, the Federal Court released two decisions on the merits under section 8 of the Patented Medicines (Notice of Compliance)… more

Wife’s Fitbit Leads to Murder Arrest for the Husband: eDiscovery Trends

At both the Master’s Conference session that I moderated in San Francisco on Tuesday and the webcast that I conducted yesterday, the topic of discovery from IoT (Internet of Things) devices came up. This story illustrates how… more

Data Breach Lawsuit Survives Motion to Dismiss

In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last year… more

PTAB Releases March 2017 Stats

The USPTO’s Patent Trial and Appeal Board (PTAB) has released its March 2017 statistics. The end of March marking the halfway point in the USPTO's fiscal year, the overall totals for fiscal year 2017 (FY 2017) are coming into focus..… more

Every Little Helps with a DPA

Lord Justice Leveson approved Tesco Store Limited’s (“Tesco”) Deferred Prosecution Agreement (“DPA”) on 10 April 2017, making them the fourth company since November 2015 to enter into a DPA with the UK’s1 Serious Fraud Office (“SFO”)… more

Stabilizing the Exchanges: CMS Issues Final Rule

On April 18, 2017, the Centers for Medicare & Medicaid Services (CMS) published in the Federal Register a final rule (the "Final Rule") aimed at stabilizing the individual and small group health insurance markets (collectively… more

OMC Autoriza a México a Suspender Beneficios Comerciales a Estados Unidos en la Disputa del Atún

México es uno de los pocos países a los que se les ha autorizado adoptar medidas de retorsión en contra de los incumplimientos de sus socios comerciales, y que ha hecho uso de esa autorización… more

Court Rules Forest Products Industry Group Has Standing to Challenge Critical Habitat Designation

A forest products trade association has standing to challenge the critical habitat designation for the northern spotted owl, the U.S. Court of Appeals for the District of Columbia Circuit held in Carpenters Industrial Council v. Zinke… more

The Wrong Reasons For Hiring 401(k) Plan Providers

Selecting a retirement plan provider can be a lot like dating in the sense that plan sponsors shouldn’t pick providers for the wrong reasons. Nobody knows more about the wrong reasons for dating more than me; we call those wrong… more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email for… more

Issue Four: PTAB Trial Tracker

Parallel District Court and PTAB Proceedings - In Douglas Dynamics, LLC v. Meyer Prods. LLC, No. 3:14-cv0886-JDP (W.D. Wis. April 18, 2017), the district court for the Western District of Wisconsin drew a clear line regarding… more

Sandoz, Amgen, and the Federal Government at the Supreme Court -- Timing of BPCIA 180-Day Notice of Commercial Marketing Provisions

On April 26, 2017, the Supreme Court heard oral arguments in Sandoz Inc. v. Amgen Inc. from Sandoz counsel (Deanne E. Maynard), Amgen counsel (Seth P. Waxman), and presenting the opinion of the United States, an Assistant to the… more

Russia: Proposed Audiovisual Services Law Approved by State Duma

On April 21, the Russian State Duma (lower house of the Russian parliament) approved amendments to the Russian Law on Information, Information Technologies and Protection of Information regarding audiovisual services… more

House Financial Services Committee Holds Hearing on the Financial CHOICE Act of 2017

On April 26, 2017, the Financial Services Committee of the U.S. House of Representatives held a hearing entitled "A Legislative Proposal to Create Hope and Opportunity for Investors, Consumers, and Entrepreneurs." The purpose of the… more

The Cheese Runneth Over...Into Illinois

Last September we expressed our curiosity over Wisconsin cheese curd and our distaste for an order from the Western District of Wisconsin rejecting implied preemption in an amiodarone case. As we explained then, the district court… more

ITC Declassifies Portions of Final Determination

In re Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944 (ITC Comm’n Apr. 19, 2017), is a surprisingly rare opinion addressing a common issue: When should the ITC redact a portion of an opinion… more

Employer Shared Responsibility: Have Penalties Been—or Will Penalties Ever Be—Assessed?

Are you an Applicable Large Employer (ALE) that has received rejected Forms 1095-C from the IRS? If so, you are not alone… more

Final EU Guidelines on the Interrelationship between the Sequence of Write Down under BRRD and CRD IV Published

The European Banking Authority has published final Guidelines on the interrelationship between the provisions of the Bank Recovery and Resolution Directive setting out the sequence of write down and conversion and the provisions of the… more

Landlords Beware: Subordination Agreements

In the recent Arizona Court of Appeals case Earle Investments, LLC v. Southern Desert Medical Center Partners, 762 Ariz. Adv. Rep. 12 (2017), the Court of Appeals addressed the question of the scope of a subordination agreement signed… more

Your newest Instagram follower, the FTC: Agency reminds endorsers and marketers to #disclose with over 90 warning letters

The Federal Trade Commission (FTC) reminded celebrities, social media influencers, and marketers that failing to disclose material connections to the products they endorse is #notokay. Please see full Publication below for more… more

SCOTUS to Hear Another Securities Case

On April 18, the SCOTUS heard oral argument in Kokesh v. Securities and Exchange Commission, an action concerning whether the five year statute of limitations of 28 U.S.C Section 2462 applies to disgorgement. This was the first… more

Withdrawal of IRS Tax Liens

When an individual or business owes federal taxes, a lien arises in favor of the IRS in all property of the delinquent taxpayer. The IRS will often file a notice of this tax lien – a Notice of Federal Tax Lien or “NFTL” – in the state… more

CFPB April 2017 complaint report highlights student loan complaints, complaints from Nevada consumers

The CFPB has issued its April 2017 complaint report that highlights student loan complaints. The report also highlights complaints from consumers in Nevada and the Las Vegas metro area… more

Final EU Guidelines on the Treatment of Shareholders in Bail-in Published

The European Banking Authority has published final Guidelines on the treatment of shareholders in bail-in under the Bank Recovery and Resolution Directive. The Guidelines are addressed to national resolution authorities and aim to… more

Special Education Tip - There is a Light at the End of the Tunnel - 43-2017

There is a Light at the End of the Tunnel and It Ain’t No Train - Some good news. The NSBA Council of School Attorneys (“COSA”) met last week in Denver, Colorado. One of the speakers was former COSA Chair Tom Wheeler, now Acting… more

Service Provision Changes: Determining The "Principal Purpose" Of An Organised Grouping Of Employees

The EAT's decision in Tees Esk and Wear Valley NHS Foundation Trust v. Harland and Others [2017] UKEAT/0173/16 provides guidance on how the "principal purpose" of an organised grouping of employees should be determined when considering… more

Budget Blues: Planning for a Possible Government Shutdown

Seyfarth Synopsis: If Congress fails to pass a long-term funding bill, we could be facing a federal government shutdown with no money flowing to fund non-essential services. While it seems the crisis may be averted for now — with a… more

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone sensors, the… more

Frontier Markets – Smallest Markets Represent Promising but Overlooked Investment Opportunities

The general public may not be familiar with the term “frontier market,” but frontier markets represent the vast majority of the fastest-growing economies in the world. The term “frontier market” generally refers to the smaller… more

The review and renegotiation of Japanese LNG import contracts

Japan’s Fair Trade Commission (JFTC) is currently conducting an investigation into alleged unfair restrictions on the resale of liquefied natural gas (LNG) imports into Japan from abroad. The investigation could lead to a radical… more

Medstar Harbor Hospital Will Pay $179,576 to Settle EEOC Disability Discrimination Lawsuit

Hospital Refused to Grant Therapist Reasonable Accommodation then Terminated Him, Federal Agency Said - BALTIMORE - Harbor Hospital Inc., trading as MedStar Harbor Hospital, will pay $179,576 and furnish other relief to resolve a… more

Academic Research Council to meet on May 17

The CFPB has published a notice in the Federal Register announcing that a meeting of its Academic Research Council will be held on May 17, 2017… more

China: Whose voice is it? – The arbitral award is out… but the case is not concluded…

The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China”. This case is high-profile and interesting, because it involves parallel… more

Speculation, Estate Planning, and Legal Malpractice

In some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either out of weakness, to keep the peace, to measure reactions, to avoid uncomfortable conversations, and perhaps… more

The Internet Is Even Busier Than It Was... (And Other Top Reads of the Week)

What Duke Ellington, data privacy, cybersquatting, Donald Trump, and you being interesting on a Saturday night have in common… more

Relocation of the EU Medicines Agency – Ireland Island of Saints and Scholars

The EMA is looking for a new home. In this blog post partner Elisabethann Wright argues the case for Ireland. For thousands of years Ireland has been known as the Island of Saints and Scholars. The country is also world famous for… more

Banking & Financial Services E-Note - April 2017

In an article published in the Winter/Spring 2017 issue of Thomson Reuter’s Real Estate Finance Journal, Samantha Alves Orender provides guidance on how debtors who misuse collateral may be at risk of losing the benefit of discharging… more

Revised Assessment Framework for G-SIBs Proposed

The Basel Committee on Banking Supervision has launched a consultation proposing a revised assessment framework for global systemically important banks. The framework, first published in July 2013, identifies G-SIBs by assessing their… more

Expert Opinions are Excluded from Summary Judgment if Disclosure Requirements not Met

Wilson Dante Perry v. Bakewell Hawthorne, LLC - Supreme Court of California 2 Cal. 5th 536 (February 23, 2017) - After a trial date is set, a party may demand a simultaneous exchange of expert witness information by all parties… more

Court Of Appeal Provides Further Guidance For Data Controllers On Handling Subject Access Requests

In the first April edition of our employment law round-up we considered the Court of Appeal's decision in Dawson–Damer v. Taylor Wessing LLP [2017] EWCA Civ 74, which (amongst other things) concerned the relevance of an individual's… more

UK Regulator Requests Brexit Contingency Planning Assurance

The Prudential Regulation Authority has published a letter to CEOs and branch managers of all banks, insurers and designated investment firms undertaking cross-border activities between the UK and the remainder of the EU, including… more

ATO wins Full Federal Court decision on Cross Border Financing - Chevron Australia Holdings case

In a major Australian transfer pricing decision on Friday 21 April 2017, the Full Federal Court dismissed Chevron Australia Holdings Pty Ltd's (CAHPL) appeal related to the deductibility of interest on the Australian dollar equivalent… more

Understanding The Amended Executive Branch Gift Rules

The ethical principles that govern the conduct of federal officials have received more media attention over the past several months than at any time in recent memory. This article addresses the most pertinent rules that govern the… more

Medical Evidence And Dismissals Following Long Term Sickness Absence

In O'Brien v. Bolton St. Catherine's Academy [2017] EWCA Civ 145, the Court of Appeal agreed with the tribunal's decision at first instance that a teacher had been unfairly dismissed after more than a year's sickness absence, even… more

UK HM Treasury Publishes Updated Special Resolution Regime Code of Practice

HM Treasury has published a revised"Banking Act 2009 Special Resolution Regime Code of Practice". The Code aims to encourage financial stability by resolving institutions such as banks, building societies and certain investment firms… more

China Issues Draft Measures to Restrict the Overseas Transmission of Personal Data

The Cyberspace Administration of China (CAC) issued Draft Measures for public comment on April 11 on Security Assessment for Cross-border Transmission of Personal Information and Critical Data (the Draft Measures). The Draft Measures… more

The Limited Liability Company Agreement That Has No Name

Practitioners under California’s Revised Uniform Limited Liability Company Act will be familiar with the concept of an “operating agreement” (Cal. Corp. Code § 17701.02(s)). Indeed, I expect that nearly every LLC formed under the… more

Pennsylvania Federal District Court: Insurer’s Reliance on “Reasonable” Interpretation of Law Does Not Automatically Bar Bad Faith

On March 13, 2017, the United States District Court, Eastern District of Pennsylvania, rejected the argument that an insurer does not act in bad faith if it relies on a reasonable interpretation of unsettled case law. The court… more

Digital transformation in the aviation sector

In the aviation sector today, an effective digital strategy is critical for long-term success. The role of digital technology has changed from being a source of marginal efficiency gains to becoming the foundation for transformation… more

Global Employee Equity at a glance: Spain

Stock Option Plans: Employment - Labor Concerns - Plan benefits are considered part of an employee's salary for the purposes of calculating entitlements on termination of employment. There is a risk that an employee… more

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