Latest Updates

Significant Cuts Proposed to Medicare Payments for 340B Drugs

As part of the CY 2018 proposed updates to the Medicare Hospital OPPS, the US Department of Health and Human Services has proposed to decrease Medicare Part B payments to hospitals for 340B drugs by almost 30 percent. The cut in… more

EPA Fails to Justify Its Use of Surrogates for Certain Hazardous Air Pollutants

July 18, 2017, the D.C. Circuit Court of Appeals remanded EPA’s MACT standards for PCBs, polycyclic organic matter, and hexachlorobenzene to EPA. Rather than setting specific MACT standards for these compounds, EPA regulated them… more

NAFTA Renegotiations: Status update

The United States, Canada, and Mexico each are moving ahead with preparations for the renegotiation of the North American Free Trade Agreement (“NAFTA”), with the first round of talks to take place in Washington from August 16-20. All… more

Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose

Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a construction… more

[Webinar] Post-Sales Restrictions After Impression Products v. Lexmark - August 2nd, 10:00am PT

The United States Supreme Court recently decided that a patent owner’s authorized sale of a patented item exhausts all patent rights to that item in Impression Products v. Lexmark International. Although this forecloses patent… more

CFPB announces final Arbitration Agreements Rule: what it prohibits, what it requires, and what's next

The Consumer Financial Protection Bureau has published its final Arbitration Agreements Rule (10 CFR § 1040, et seq.), prohibiting mandatory arbitration provisions and class action waivers in consumer financial services contracts… more

German Co-Determination Laws are Compliant With EU Law

July 18, the European Court of Justice (ECJ) followed the Advocate General`s motions to hold German laws on Employee Representation on Board Level do not violate EU law. Thus, the exclusion of all employees of global group entities… more

The Impact of TC Heartland: Motion to Challenge Venue Waived Where Defendant Failed to Bring Motion with Other Rule 12(b) Motion

After this patent infringement action was filed, the defendant, BigCommerce, filed a motion to dismiss for failure to state a claim for relief pursuant to Fed.R.Civ.P. 12(b)(6). BigCommerce did not file a motion to transfer or to… more

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation in the… more

The Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” (Ukrainian)

On 19 July 2017, comes into force the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” dated 23 March 2017. The Law stipulates that the imprint of… more

The Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs”

On 19 July 2017, the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” dated 23 March 2017 comes into force. The Law stipulates that the imprint of a… more

Three Fund Issues That Can Unexpectedly Impact Portfolio Company Investments

Increasingly complex fund structures and documentation mean that analysing how potential portfolio acquisitions interact with the fund at the top of any deal structure is more important now than ever. Investor Excuse Rights for… more

Municipalities Under Connecticut's New Cybersecurity Strategy

On July 10, 2017, Governor Dannel Malloy, along with Chief Information Officer Mark Raymond and Chief Cybersecurity Risk Officer Arthur House, released Connecticut’s initial Cybersecurity Strategy. The goal of the Cybersecurity… more

Minnesota Tightens Restrictions on “Drive-By” Disability Access Lawsuits

On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of “drive-by” disability access lawsuits in the state. The law now requires… more

Trademark Office Issues Tequila Certification Mark Just In Time For National Tequila Day

National Tequila Day is celebrated on Monday, July 24. Tequila is made with the distilled extract of the blue agave plant, which grows in and around the city of Tequila and other parts of the state of Jalisco, Mexico. Although agave… more

Commercial building efficiency opportunities

A report prepared for the U.S. Department of Energy by the Pacific Northwest National Laboratory found that the nation's commercial building sector has significant potential to save energy by improving control measures and eliminating… more

New Maine Law Limits Manufacturer and Wholesaler Interactions with Health Care Professionals

Maine recently amended its Pharmacy Practice Act to prevent licensed manufacturers or wholesalers and their agents from offering or giving certain gifts to practitioners. The bill’s sponsor tied the issue of gifts from manufacturers… more

German Government Increases Foreign Investment Oversight

Changes to the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – FTPO) will impact certain cross-border transactions. Key Points: ..The changes, which entered into force on 18 July 2017, allow the German… more

SEC Chairman Clayton Talks Cyber Threats And Responses

On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber attacks… more

Senate Timing Uncertain on Revised Better Care Reconciliation Act of 2017

On July 13, 2017, the Senate released its revised Affordable Care Act (ACA) repeal and replace bill, the Better Care Reconciliation Act of 2017 (BCRA), along with updated summaries (Titles I and II, and Title III) of the legislation… more

Recent case law update: Treatment of Trust Assets — Akers (and others) v. Samba Financial Group (2017)

The English Supreme Court has delivered a ruling that provides helpful guidance on the enforceability of trusts in respect of assets located in foreign jurisdictions that do not recognise trusts. The ruling also highlights potential… more

People with significant control regime: expanded scope and more regular reporting

Changes to the UK's regime for the disclosure by companies of their significant controllers (the PSC regime) took effect on 26 June 2017. The changes ensure that UK legislation is compliant with the EU's Fourth Anti-Money Laundering… more

The End of Days (Or At Least LIBOR)

You know, sometimes life’s problems smack you against the side of the head like a 2×4, and sometimes it’s just a multiplicity of middling offenses that become so annoying that you might just want to roll over and die. Think anything… more

The Case Of The Wholly Owned, But Not Totally Held, Subsidiary That May Or May Not Be 100% Owned

When someone says that a subsidiary is “wholly owned”, I believe that the common understanding is that the parent company owns all of the issued and outstanding equity of the subsidiary. What if the statement is that the subsidiary is… more

M&A Watch: That’s the Way the Cookie Crumbles – Delaware Court Rejects MAE Claim in Commercial Contract Litigation

The Delaware Court of Chancery recently reaffirmed its approach to Material Adverse Effect jurisprudence in the context of a commercial arrangement. Please see full Analysis below for more information… more

Ensuring appropriate confidentiality in arbitration: guidance for arbitrators and parties alike

A recent case, Symbion Power LLC v. Venco Imtiaz Construction Co [2017] EWHC 348 (TCC), highlighted two issues which touch on confidentiality in arbitrations: (1) the confidentiality of communications from an arbitrator to a party; and… more

[Video]Day 12 of One Month to More Effective Internal Controls-Board Oversight as an Internal Control

Is a Board of Directors a compliance internal control? I think the clear answer is yes. In the FCPA Guidance, in the Ten Hallmarks of an Effective Compliance Program, there are two specific references to the obligations of a Board in a… more

DHS Continues Focus on Border Security With Enhanced Aviation Security Measures

On June 28, 2017, Secretary of Homeland Security John Kelly announced the implementation of enhanced security measures for all commercial flights arriving in the United States. These enhanced procedures are set to affect 280 airports… more

US Supreme Court Says No to Post-Sale Restrictions Under Patent Law

The Court also holds that patent exhaustion applies to both foreign and domestic sales in a historic decision. Key Points: ..Patent rights are exhausted by sale even if the patentee purports to impose post-sale… more

Phishing Moves to SMiShing

Phishing, the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information (such as passwords and credit card numbers) is something that we have grown… more

USCIS Adopts AAO Decision Setting Accreditation Guidelines for H-1B Master’s Cap Eligibility

On May 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum adopting the Administrative Appeals Office’s (AAO) decision in the case Matter of A-T-Inc. The adopted decision establishes binding policy… more

Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in personal… more

Federal Circuit Patent Updates - July 2017

Millennium Pharmaceuticals v. Sandoz Inc. (No. 2015-2006, 7/17/17) (Newman, Mayer, O'Malley) - Newman, J.Reversing and vacating judgments of invalidity for obviousness in consolidated appeals… more

MiFID II: Multilateral Trading Venues and Systematic Internalisers

MiFID II will significantly increase the regulation of most types of secondary market trading activities and functions. It will introduce a new multilateral trading venue, known as an Organised Trading Facility (OTF), and extend the… more

Congress of Colombia issues normativity for the promotion of technology-based companies

On July 6, 2017, the Congress of the Republic enacted Law 1838 of 2017, which seeks to promote technology and innovation through the creation of technology-based companies (or Spin-offs). For the purposes foreseen in this specific… more

Surprise Opposition Sinks the Better Care Reconciliation Act; New Vote on "Repeal-and-Delay" Uncertain to Advance

On Monday evening, July 17, Senators Mike Lee (R-UT) and Jerry Moran (R-KS) issued joint statements in opposition to the Better Care Reconciliation Act (BCRA), the Senate Republicans' companion bill to the House-passed American Health… more

Your Top 3 Questions about Motorcycle Accidents in California Answered

When motorcycle accidents happen in California, riders and their passengers can be more than seriously or permanently injured. They can also be killed. Between lost wages, medical expenses, and the loss of the motorcycle, it can be a… more

You're Always a Day Away: DSCSA Product Identifier Requirements Delayed

In recently issued draft guidance related to the implementation of product identifiers under the Drug Supply Chain Security Act ("DSCSA"), FDA has stated that it intends to exercise enforcement discretion for a period of one year… more

Negligence liability: parent and subsidiary companies

The High Court has considered the circumstances in which a parent company may be liable to third parties in negligence for the acts or omissions of its subsidiary… more

Big Changes For Large Employers: Oregon Legislature Passes Fair Work Week Act

Recently, the Oregon legislature passed Senate Bill 828, known as the Fair Work Week Act, which will dramatically change how covered employers schedule workers. Governor Brown is expected to sign the law soon… more

U.K’s Financial Conduct Authority to Examine Investment Platform Service Providers

On July 17, 2017, the Financial Conduct Authority (FCA) announced that it will explore whether investing platforms help investors make good investment decisions, and whether their investment products offer investors value for their… more

Weekly Update Newsletter - July 2017 #2

FEDERAL AGENCIES - “VA Veteran-Owned Small Business Verification Guidelines.” Federal Register, July 12, 2017. Retrieved from federalregister.gov. Department of Veterans Affairs (VA) published a final rule in the Federal Register… more

Arrested Development: Ship Released from Arrest Despite Pending Appeal

In Platypus Marine, Inc. v. TATU (TATU), the Federal Court of Canada (Court) ordered that the defendant ship be released from arrest because there was no outstanding judgment. Although the plaintiff was appealing a judgment dismissing… more

Washington State Imposes New Reporting Requirements for Out-Of-State Sellers Not Collecting Sales Tax

As part of Washington State’s efforts to collect more sales tax on out-of-state companies’ sales to Washington customers, the Legislature recently enacted H.B. 2163. The bill, signed by the Governor on July 7, imposes notice and… more

New EU Prospectus Regulation published

The EU Prospectus Regulation (the Regulation), which will replace the current Prospectus Directive, has been officially published. A couple of the Regulation's provisions will apply from 20 July 2017, while most of it will apply from… more

Indiana Relaxes Telemedicine Rules as of July 1

Indiana’s relaxed telemedicine rules went into effect July 1. Generally, under the new rules a prescriber (defined as a physician, physician assistant, advanced practice nurse, optometrist, or podiatrist) may prescribe non-controlled… more

MA Employers Beware: Employees Have a Right to Use Medical Marijuana

In a recent decision, the Massachusetts Supreme Judicial Court has made it clear that employers cannot take action against employees who lawfully uses medical marijuana, as doing so is tantamount to denying a request for a reasonable… more

Titleist Trademark Tarnishment?

During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the brand’s owner is attempting to… more

New Guidance Issued by EU Data Protection Regulators – Does Your Organization Use Social Media During Recruitment?

The Article 29 Data Protection Working Party (comprising representatives from the data protection regulators in each EU Member State, the European Data Protection Supervisor and the European Commission) has issued an opinion on data… more

Blog: Will The House Now Try To Undo SOX?

What’s next for the House after taking on Dodd-Frank in the Financial CHOICE Act? Apparently, it’s time to revisit SOX. The Subcommittee on Capital Markets, Securities, and Investment of the House Financial Services Committee held a… more

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