Latest Updates

SEC Proposes Rules to Modernize Regulation S-K Disclosure Requirements

During an open meeting on October 11, 2017, the Securities and Exchange Commission (SEC) voted to propose amendments to modernize and streamline the disclosure requirements for public companies, investment advisers, and investment… more

New York City Council Expands Earned Sick Time Law To Include Safe Time

New York City’s Earned Sick Time Act (also known as the Paid Sick Leave Law) will require employers to allow employees to use paid time off for “Safe Time” under an amendment (Int. 1313-A) passed by the New York City Council on October… more

Trump's "Travel Ban 3" Is Blocked By Federal Court In Hawaii

Legal commentators suggested that the third version of the Trump travel ban, the September 24 Proclamation, would be harder to challenge because the Proclamation was issued after a government review as to which countries met the… more

Courts Use Rule Language and Common Sense to Expand Work Product Protection: Part I

Unlike the common law-dominated attorney-client privilege which developed organically in each state, work product protection comes from court rules. One might think that this would simplify courts' application of that protection, but… more

California Updates Its Harassment Prevention Training Requirement (SB 396)

What a year it has been for harassment claims. The biggest year in the 22 years I have been practicing law. It seems that every day there is a big new headline, and someone else powerful losing their job over harassment allegations… more

The Federal Circuit Explains Admissibility of Post-Priority Date Evidence Regarding Written Description and Enablement Proofs

Is post-priority date evidence admissible as relevant to determining whether a patentee has complied with the written description requirement? What about for enablement? Recently, the Federal Circuit answered those questions in the… more

Are You Being Served? Better Follow the Hague Convention

Serving judicial and extrajudicial documents abroad involves a complex patchwork of domestic legislation and international treaties. The recent High Court judgment in Marashen Limited v Kenvett Limited and Dmitry Ivanchenko has… more

Do You Have a Foreign Trust?

The answer in the litigation context may not be black and white because it requires a careful, analytical walk through the applicable sections of the Internal Revenue Code, the appropriate regulations and the nonexclusive examples… more

No contractual recourse against issuer for investor in bearer notes

Secure Capital SA v Credit Suisse AG [2015] EWHC 388 (Comm), 24 February 2015 and [2017] EWCA Civ 1486, 6 October 2017 - An investor in longevity notes had no right of recourse against the issuer for breach of contract as the notes… more

Return to Sender: Mail Tracking with Barcodes and URLs Found Not Patent Eligible

In Secured Mail Solutions LLC v. Universal Wilde, Inc., No. 16-1728 (Fed. Cir. Oct. 16, 2017), the Federal Circuit affirmed the lower court’s dismissal for failure to state a claim, finding that Secured Mail’s patents were directed to… more

Pumpkin Patches And Prices

This weekend, I did the quintessential fall activity – visited the pumpkin patch at our local Anderson Farms! The perfect way to spend a fall day; we even got a little lost in the corn maze before picking out the perfect pumpkin to… more

Evolution of Customs Audits and the Customs-Trade Partnership Against Terrorism: ISA Members Beware!

Since the advent of the Centers of Excellence and Expertise (CEE’s), US Customs and Border Protection (CBP) has moved its audit function to the Centers and is focusing on single issue audits rather than the focused assessments… more

Recap of Recent Oral Argument Before SCOTUS: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC

Last week, the U.S. Supreme Court heard oral argument in two significant cases: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC. In National Association of Manufacturers, the Court is being asked to determine… more

Court Of Chancery Decides It Will Determine Stock Validity In A Section 225 Case

Southpaw Credit Opportunity Master Fund L.P. v. Roma Restaurant Holdings Inc., C.A. No. 2017-0059-TMR (Oct. 13, 2017)- In a contest over who has been elected to a board of directors under Section 225 of the DGCL, it is sometimes… more

Blog: Treasury Report Recommends Actions To Increase Access To Capital

The Treasury Department recently issued a new report, A Financial System That Creates Economic Opportunities—Capital Markets, that, in its recommendations, not surprisingly, echoed in many respects the House’s Financial CHOICE Act of… more

Trump Track: EPA Sue and Settle Fix?

On October 16, 2017, EPA Administrator Pruitt issued a memo to his agency directing that managers take certain steps to curtail the practice known as “sue and settle.” This practice most often is used for relatively quick resolution of… more

EPA Extends Comment Period for Draft Guidance for Pesticide Registrants on Notifications, Non-notifications and Minor Formulation Amendments

On October 5, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice of extension of the comment period for the draft guidance Pesticide Registration Notice (PR Notice) 2017-XX: Notifications, Non-notifications and Minor… more

Court Of Chancery Interprets Credit Agreement And Declines To Consider Alleged Oral Modification

This decision interpreting a credit agreement’s terms is another reminder that an alleged oral modification to a written contract will not vary the contract’s terms when it has an integration clause and otherwise speaks to the subject… more

H.R. 3985 Calls For Public-Private Working Group to Study Medical Device Security

The “Internet of Medical Things Resiliency Partnership Act of 2017” was introduced in the House of Representative earlier this month. Co-sponsored by Rep. David Trott (R-MI) and Rep. Susan Brooks (R-IN), the bill would require… more

Georgia Court Of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic Or Material Contact Language

As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011. This law, however, does not address employee… more

Federal Circuit Shifts Burden of Demonstrating Patentability for Amended Claims in Post-Grant Proceedings

Since the enactment of the America Invents Act (AIA), the USPTO’s Patent Trial and Appeal Board (PTAB) has required patent owners to bear the burden of proving the patentability of substitute claims in post-grant motions to amend. In… more

SEC Investor Advisory Committee Considers Blockchain Technology and Securities Markets

On October 12, 2017, the U.S. Securities and Exchange Committee (“SEC”) held an Investor Advisory Committee (“IAC”) meeting to consider, among other things, blockchain technology and the implications for securities markets. The meeting… more

PTAB Designates as Precedential General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha Decision on Serial Petitions

Today the PTAB designated part of its decision in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017) as precedential. In Section II.B.4.i of the decision—the only portion… more

New California Law Prohibits Employers From Asking Applicants About Salary History

Beginning January 1, 2018, California employers will no longer be able to ask job applicants about their salary history. California joins a small but growing group of states and cities that have enacted similar measures, including New… more

Determining Whether There Has Been Undue Influence

The presumption of undue influence when the evidence demonstrates that a person in a confidential relationship with a grantor or testator of weakened intellect receives a substantial portion of the grantor/testator’s property is… more

EPA Releases Quick Guide for Registering Disinfectant Products for Drinking Water Use

On October 17, 2017, the U.S. Environmental Protection Agency (EPA) issued a “Quick Guide for Disinfectant Products for Drinking Water Use by Public Water Systems” (Quick Guide) which it states was developed “in response to requests to… more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 4 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and… more

Intern Or Employee? When “Take Your Children To Work” Day Backfires

In late April each year, tens of millions of employees and millions of employers participate in Take Your Sons and Daughters to Work Day. Of course, the vast majority of the child participants are elementary school kids, or perhaps… more

[Video]WATCH: What lies ahead for blockchain

Maya Zehavi from QED-it looks at what blockchain might come into production and whether it will be worth all the hype… more

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has signaled that it… more

Payday Debt Collector, Servicer Must Forgive $12M

Shortly before the Consumer Financial Protection Bureau (CFPB) issued its payday loan rule, the New York Department of Financial Services (DFS) announced a consent order with a payday loan servicer and debt collector totaling almost… more

Financial Times to "the Patent Troll Narrative" -- Much Ado About Nothing

On October 16, 2017, the Financial Times (London) published an article by Rana Foroohar entitled "Big Tech vs. Big Pharma: the battle over US patent protection." If the article can be encapsulated in a word, that word would be… more

Businesses That Fail to Protect Employees Face Legal Peril

It never fails – I tell someone that I am an employment law attorney and they ask “like discrimination and sexual harassment?” I say yes, and they respond, “but sexual harassment isn’t really a thing anymore, is it?”… more

US Department of State Releases November 2017 Visa Bulletin

EB-1 remains current, minimal advancement in other categories. The US Department of State has released its November 2017 Visa Bulletin, setting out per-country priority date cutoffs that regulate immigrant visa availability and the… more

Social Links: Russia’s threat to block Facebook; Google’s publisher-friendly move; a cease-and-desist letter worth emulating

As part of a new tracking system, the Department of Homeland Security will be keeping records of immigrants’ social media handles and search results. Russia to Facebook: Turn over user-information or risk being blocked… more

What a CEO Needs to Hear to Invest More in Compliance – Strategy

Does your organization invest in compliance, or just pay for it? This is not a rhetorical question. There’s a big difference between merely covering the expense of a program and investing in it. Investment decisions are strategic. They… more

Rule 68 Offers of Judgment - Proceed with Caution

If there is any occasion in civil litigation that calls for caution by counsel, it is the drafting of a Rule 68 offer of judgment, so warns the Fourth Circuit. Consistent with the general rule of contract construction, responsibility… more

An early Halloween trick for Connecticut's public-sector labor unions: Will Janus V. AFSCME, Co. 31 be the end of the agency shop?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and Municipal… more

Seventh Circuit Curtails RICO Application to Third-Party Payor Off-Label Suits

If you want to insult and annoy someone, consider suing them under the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. section 1964. That law is charmingly known as RICO, in an allusion to the big bad in the great… more

Arkansas Asbestos Abatement Grant Program: Arkansas Department of Environmental Quality Seeks Public Comment on Procedures/Applicant Guide

The Arkansas Department of Environmental Quality (“ADEQ”) issued, pursuant to its Arkansas Asbestos Abatement Grant Program (“Program”), a Procedures and Applicant Guide (“Guide”). ADEQ is soliciting comments on the Guide through… more

EU & Competition Law Update – October 2017

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public authorities which… more

Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California, however, have… more

Windows 10 Fails to “Go Dutch” When it Comes to Protecting Privacy: Data Privacy Trends

According to Silicon (Windows 10 Data Collection Branded A Breach Of Dutch Privacy Law, written by Roland Moore-Colyer), the Dutch Data Protection Authority (DPA) has declared that Windows 10 breaches the data protection law in the… more

Governance & Securities Law Focus: Europe Edition, October 2017

In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more information… more

Do you know the full extent of your contractual obligations (and can you meet them)?

In 125 OBS (Nominees 1) & Anor v. Lend Lease Construction (Europe) Ltd & Anor [2017] EWHC 25 (TCC), the court found the contractor liable for the highly publicised failure of glass panels at a prestigious building in London. The court… more

FTC’s “Stick With Security” #7: Apply Sound Security Practices When Developing New Products

On September 8, 2017, the FTC released its seventh “Stick with Security” principle, which offered guidance regarding how companies incorporate security by design to prevent or minimize threats in the following ways..… more

The Katten Kattwalk - Issue 14

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper owner of… more

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the bipartisan… more

Trump’s Third Travel Ban Blocked By Federal Court

For the third time this year, a federal district court has blocked a presidential travel ban from taking effect. Judge Derrick K. Watson, from the District of Hawaii, today granted a motion for a temporary restraining order that bars… more

NTSB Criticizes FAA Oversight of Commercial Balloon Operations

• In a National Transportation Safety Board (NTSB) board meeting concerning the crash of a hot air balloon after striking high-voltage power lines near Lockhart, Texas, the NTSB criticized the Federal Aviation Administration (FAA) for… more

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