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Pennsylvania Tap Marker Requirements Pulled Under Act 166

Pennsylvania’s onerous liquor laws continue to modernize under new enactments. Previously, each brand of beer on tap had to have its own branded tap marker as a part of its draught system. Many breweries and restaurants had tap boxes…more

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably racist)…more

CI Games S.A. v. Destination Films - USDC, Central District of California, October 25, 2016

District court denies defendants’ motion to dismiss claim that Sony Pictures’ film “Sniper: Ghost Shooter” infringed trademarked title of plaintiff’s video game “Sniper: Ghost Warrior,” clarifying applicability of Rogers test in Ninth…more

In the Wake of the Election, What’s Next for State Drug Pricing Initiatives?

A Trump victory was not the only surprise on election night. California’s drug pricing initiative, which would have required state agencies to negotiate drug prices at least as low as those paid by the U.S. Department of Veterans…more

Boston Brewpub Hopsters Raises Fastest Reg CF Crowdfunding Ever

A brew pub—Hopsters Brewery—has raised more than $600,000 in what industry insiders are calling the "fastest crowdfund offering ever." The Boston-area brew pub and eatery used the WeFunders platform to raise funds in roughly two…more

ISS Updates Proxy Voting Guidelines for 2017

Last month, Institutional Shareholder Services (ISS) published updates to its proxy voting guidelines effective for meetings on or after February 1, 2017. Key compensation-related changes include the following..…more

Williams Mullen On Call Q&A: Virginia Secretary of Health and Human Resources Dr. Bill Hazel Talks Health Care Issues

Williams Mullen recently interviewed Virginia Secretary of Health and Human Resources Dr. Bill Hazel to discuss the current health care system and health care forum. Secretary Hazel’s thoughts are set out below..…more

It’s Easier for Employers to Sue for Data Theft

Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape. Two new developments this past year have made it easier for employers to sue employees in federal court for stealing data from…more

FTC Complaint Filed Against IoT Businesses

This Tuesday, a consortium of consumer protection and children’s privacy groups filed a Federal Trade Commission (“FTC”) complaint against Genesis Toys (“Genesis”) and Nuance Communications, Inc. (“Nuance”) in connection with Genesis’…more

Senegal Moves Toward Nationalized Digital Currency

Last month, Senegal announced its intention to introduce a national digital currency based on block chain technology, and become only the second country in the world following Tunisia to do so. Senegal’s new digital currency – called…more

Copyright Office changes procedures for DMCA agent designations

If users ever post anything on a website you operate, you need to protect yourself from any copyright infringement they commit. And a new rule just enacted by the Copyright Office imposes a few new hoops and hurdles for that…more

Some Regulations to Reduce GHG Emissions Probably Won’t Be Rolled Back By the New Administration.

This week, the Department of Energy finalized regulations to increase energy efficiency for central air conditioners and heat pumps. The regulations apply to products manufactured or imported into the United States beginning in 2023…more

Canada and EU Sign Free Trade Agreement: Implications for TTIP

On October 30, the European Union (EU) and Canada signed the Comprehensive Economic and Trade Agreement (CETA). The final draft of the agreement was concluded in February after seven years of negotiations. Many EU officials view the…more

In re Nuvasive (Fed. Cir. 2016)

In a precedential decision the Federal Circuit vacated and remanded a Patent Trial and Appeal Board decision invalidating claims from Nuvasive's U.S. Patent No. 8,361,156 in an inter partes review instituted on a petition by Medtronic…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #9

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

Drunk Driving Accidents and the Holidays

Not surprisingly, the odds of getting into an auto accident increase when there are more cars on the road (such as during rush hour) or when driving conditions are less than optimal (say, during rain storms). But when the number of…more

United States v. Salman: Supreme Court Reaffirms “Friends With Benefits” Test In Insider Trading Cases

On December 6, 2016, in an opinion written by Justice Alito, the Supreme Court unanimously affirmed the Ninth Circuit’s decision in Salman v. United States, a closely-watched insider trading tipping case. Salman builds upon Dirks v…more

Protecting an Interest in a Ground Lease – A Lender’s Perspective

Lenders are often asked to provide financing secured by a leasehold interest in land evidenced by a ground lease. A ground lease is an agreement between the fee owner of real estate (the ground lessor or landlord) and its tenant (the…more

21st Century Cures Act and Medical Device Regulatory Pathways

These seven key provisions will affect the premarket requirements for medical devices. The US Senate passed the 21st Century Cures Act on December 7, and President Barack Obama is expected to sign the bill into law. Included in…more

How Does One Know When A Corporation Is Antagonistic?

When a shareholder files a derivative suit in state court, the defendants often will try to have the case removed to the federal district court. Federal courts, however, are courts of limited jurisdiction and not every plaintiff can…more

Appeals Court Sides with Wind Farm on PPA Risk Allocation

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court settled a PPA…more

A Say-on-Frequency Reminder

The proxy rules require that public companies submit a proposal to their shareholders every six years regarding how often they should have say-on-pay votes, known as “say-on-frequency”. Most companies held their first say-on-frequency…more

A Smaller Bite for Apple? Supreme Court Limits Damages for Design Patent Infringement

In a case reversing a $399 million damages award to Apple, the U.S. Supreme Court has held unanimously that an “article of manufacture” under the design patent damages statute can be anything from an entire product to a single…more

Não deixe o samba morrer – Parte 2 (Don’t let samba die)

Panorama - Para muitas pessoas nesta semana, o impensável e inesperado se tornou uma realidade política com a eleição de Donald Trump. Se alguém estava se perguntando se a retórica rígida durante a campanha seria flexibilizada…more

This Is How A False Claims Act Case Works—And Fails

It took us a long time to understand how off-label promotion of prescription drugs had anything to do with the False Claims Act, and we’re still not so sure that the two are a fit. The FCA penalizes anyone who presents, or causes to be…more

The CMA obtains its first disqualification undertaking from a director for competition law infringement

Businesses that breach competition law can face serious financial and reputational consequences. Certain serious breaches of competition law may also put individuals at risk of criminal prosecution. In addition, the CMA may apply to…more

Trump Nominates Andrew Pudzer To Head Department of Labor

President-Elect Donald J. Trump intends to nominate Andrew F. Pudzer to head the U.S. Department of Labor, according to numerous sources familiar with his office. Pudzer is the CEO of the holding company that operates the fast food…more

Texas overtime ruling directly affects California employers

California employers are directly affected by a decision of a federal district court in Texas enjoining the implementation of the Department of Labor (DOL) minimum salary guideline for employees. State of Nevada v. U.S. Dept. of Labor…more

Demand Letters in Perspective

When employees think they’ve been mistreated and seek the advice of a lawyer, the result is often a demand letter sent by the employee’s lawyer to the employer. The employee (or ex-employee) may claim to have been discriminated…more

Who Would Ever Have Thought That Sending A Preservation Letter Might Be Dangerous?

There is probably nothing more routine in litigation today than a Plaintiff's counsel sending a "preservation letter." A preservation letter, if you've never sent or received one, is a letter sent at the outset of litigation -- or even…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #8

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

Sustainable Development Update - December 2016 #2

Sustainable Development Focus - Stanford unveils innovative solar generating station - Stanford News Service - Dec 5 - It was a cold, blustery day in Rosamond, California, but spirits were high in a small…more

Getting the Deal Through — Electricity Regulation 2017: Germany

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Since 2005 Germany’s electricity industry has been regulated in accordance with European standards, based on the EU…more

"Federal Regulator Signals Willingness to Grant National Bank Charters to Fintech Companies"

On December 2, 2016, the Office of the Comptroller of the Currency (OCC) announced its willingness to entertain applications from financial technology (fintech) companies for special purpose national bank charters. In recent years, the…more

Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions

Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for those eyes…more

Navigating Connected Cars in 2017

It’s a fact: today’s marketplace has given connected cars the green light. As an OEM or supplier accelerating to create products to meet industry demand, what challenges can you anticipate in 2017? Here’s one area we think you should…more

Director of Manufacturing Policy Initiative Sought

Indiana University’s Manufacturing Policy Initiative (Initiative) has announced a candidate search for the first full-time Director of the Initiative. The Manufacturing Policy Initiative seeks to analyze how public policies affect the…more

California’s $20B Problem: Obamacare Repeal Threatens 4M Californians

The repeal of the Affordable Care Act (ACA) could ultimately cost California as much as $20 billion in annual federal spending on the state’s Medicaid program, Medi-Cal. Putting this in perspective, $20 billion represents nearly 18% of…more

Human v. Mouse

What conceivable correlation exists between class actions and pests? No, it’s not that. At least not for Jeanne Steigerwald. Hers was a story that started, she claimed, when she noticed “mice droppings in her pantry…more

Some Thoughts for Maine Employers on Marijuana Legalization

If we assume that the Question 1 referendum recount does not change the outcome, Maine’s 128th Legislature will begin the process of hammering out a new statutory regime to accompany legalization in 2017. At the present time, no…more

President-Elect Trump Announces the New Secretary of Labor

Today, President-elect Donald Trump announced Andrew Franklin (Andy) Puzder, 66, chief executive officer of CKE Restaurants, as his choice for Secretary of the U.S. Department of Labor. In 2016, Puzder was a Trump presidential…more

Guidelines for Retaining a Forensic Investigator

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize such a…more

Final Rule Implementing MACRA

On October 14, 2016, the Centers for Medicare and Medicaid Services (CMS) released its final rule (the “Final Rule”) implementing the Medicare Access and Children’s Health Insurance Program (CHIP) Authorization Act of 2015 (MACRA)…more

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 1

Commercial real estate (CRE) is a tremendously important asset, as the content of this book will discuss. However, the CRE lending and commercial mortgage-backed securities (CMBS) markets are, at the time of writing, largely…more

Celltrion and Hospira Have Launched Inflectra® in U.S.

This past April, the FDA approved Inflectra® (infliximab-dyyb), Celltrion and Hospira’s biosimilar of Janssen’s Remicade®. According to papers filed in the Federal Circuit this week, Celltrion and Hospira (collectively, “Celltrion”)…more

Dole’s “All Natural” Description On Certain Fruit Products Could Mislead Reasonable Consumers

A recent decision from the Ninth Circuit has highlighted the uncertainty that exists in the food product market about the use and definition of “All Natural” in labeling and advertising. In Brazil v. Dole Packaged Foods, LLC, 2016…more

Fifth Circuit Agrees to Fast Track Overtime Appeal

On December 8, 2016, the U.S. Court of Appeals for the Fifth Circuit announced that it will fast track the appeal of a nationwide preliminary injunction that blocks the U.S. Department of Labor (DOL) from implementing its revisions to…more

This Week In Securities Litigation

The Supreme Court handed down its much anticipated decision in Salman this week, essentially reaffirming its seminal decision on illegal tipping in Dirks. In affirming the Petitioner’s conviction the Court rejected his contention that…more

Fairmont: SCC Revises Common Law Test for Tax Rectifications

In a 7-2 decision in AG (Canada) v. Fairmont Hotels Inc., the Supreme Court of Canada has modified the common law test for rectification where the taxpayer has suffered an unintended and adverse tax result. The Court also clarified the…more

When Is a Rule 54(B) Certification Appropriate?

Recently, opposing counsel asked if we would stipulate to Rule 54(b) certification of a particular order granting/denying summary judgment on some but not all of plaintiffs’ claims. Of course, we thought this would make a great topic…more

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