Latest Updates

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

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In April, I kvetched about numerous outdated references in the California Corporations Code.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

At Stake

Happy Spring! The Illinois Gaming Board (IGB) held its monthly meeting on Thursday, May 25, 2017, in Chicago. We have provided a summary of both the Riverboat and Video Gaming Meetings below. Riverboat Meeting- The meeting… more

DFEH Issues New Workplace Harassment Guidance

Since April 1, 2016, California employers subject to the Fair Employment and Housing Act (“FEHA”) have been required to comply with a number of amendments to the FEHA regulations that were adopted by the California Fair Employment and… more

A New Member in the Big Club – New Mexico Becomes the 48th State with a Breach Notification Law (+ Disposal and Service Provider Requirements)

Effective June 16, 2017, New Mexico will join 47 other states (as well as the District of Columbia, Guam, Puerto Rico, and the Virgin Islands) by imposing breach notification requirements on entities experiencing information security… more

Ninth Circuit: EEOC Has Broad Subpoena Powers

On remand from the United States Supreme Court, the Ninth Circuit again vacated a District Court’s Order denying enforcement of an administrative subpoena issued to an employer by the Equal Employment Opportunity Commission (“EEOC”)… more

One Year Out: The EU's General Data Protection Regulation and How U.S. Businesses Can (and Must) Prepare to Comply

A year from today, radical changes to data privacy laws in the European Union will come into effect. Businesses should start preparing now, given the significant changes. The General Data Protection Regulation (GDPR) will impact U.S… more

Evidence That Similarly Situated Employees Included Those Of The Same Race Dooms Race Discrimination Claim

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the plaintiff.… more

The Last “Cabilly” Challenge Quietly Settles

U.S. Pat. No. 6,331,415, commonly referred to as “Cabilly II,” has been called one of the most-litigated patents of all time, having been challenged multiple times in both the district court and at the U.S. Patent and Trademark Office… more

RegTech as a Competitive Advantage

According to a recent Thomson Reuters Survey, financial institutions on average spend £40m a year on compliance, with some spending up to £300M annually on compliance and customer due diligence. In an environment of constant regulatory… more

After The Investigation: Now what?

Last week, we talked about employment investigations. This week, I’d like to talk about what employers do with the information they gathered during the investigation. There are two main tasks: No. 1: Figure out what probably… more

Supreme Court Restricts Where Plaintiffs Can Sue for Patent Infringement

For almost thirty years, patent owners sued corporate defendants for patent infringement in any federal judicial district in which that corporation was subject to the court’s personal jurisdiction. When corporate defendants sold… more

New York City Council Passes Major Workplace Reforms For Fast Food & Retail Workers

The New York City Council has passed five bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City. The legislative package, first introduced on… more

Blackburn Introduces Sweeping Internet Privacy Reform Legislation

On May 19, 2017, House Communications and Technology Subcommittee Chairman Marsha Blackburn (R-TN) introduced the Balancing the Rights of Web Surfers Equally and Responsibility Act of 2017 (the Browser Act or the bill), which overhauls… more

FTC Obtains Preliminary Injunction Halting Alleged Debt Relief Scam

On May 15, 2017, the FTC filed a Complaint in Federal Court against Strategic Student Solutions and a number of related companies that claim to provide debt relief services. According to the Complaint, rather than providing the… more

DOL Puts Advisers on Notice:  Fiduciary Rule Will Be Effective June 9th

On March 2, 2017, the DOL extended the applicability date of the Conflict of Interest Rule (the “Fiduciary Rule”) from April 10, 2017 to June 9, 2017. This week, with the extension drawing to a close, Secretary of Labor Alexander… more

Trump’s Water Resources Budget Requests

Below is a chart that shows President Trump’s water resources budget requests for the next fiscal year for the three major agencies: Bureau of Reclamation, U.S. Army Corps of Engineers and the Environmental Protection Agency. Compared… more

Great Employee or Insider Threat?

As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Charlie Platt, a director at iDiscovery Solutions and a Certified Ethical Hacker. He advises clients… more

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three zoning… more

House Passes Pesticide Spraying Legislation

On May 24, 2017, the U.S. House of Representatives passed H.R. 953, the Reducing Regulatory Burdens Act of 2017, by 256-165 vote. H.R. 953, which is similar to bills introduced in the past three congresses, would overturn a 2009 U.S… more

The State AG Report Weekly Update

2018 Election Update- Michael Dougherty Announces Bid for Colorado Attorney General- Michael Dougherty formally announced his candidacy to become Colorado AG. Dougherty is the third Democrat to formally enter the 2018… more

Canada: Ontario Special Advisors Make 173 Recommendations in their Final Report on the Changing Workplace

In May 2015, the Ontario government appointed two Special Advisors (Michael Mitchell and The Honourable John C. Murray) to review the modern-day workplace and to consider whether the Ontario Labour Relations Act, 1995 ("OLRA") and the… more

Supreme Court Review in SAS Institute May Impact the Scope of Appealability and Estoppel in AIA Proceedings

Recently, the Supreme Court agreed to hear arguments on the question of whether the PTAB is required to issue a final written decision with respect to every claim challenged in an IPR petition. SAS Institute Inc. v. Lee, No. 16-969… more

From Mass to Class: Freeman v. Grain Processing Corporation

Over the past two decades, large agricultural operations have become a popular target for plaintiffs’ attorneys. Bringing claims under common law causes of action like negligence, trespass, and especially nuisance based on the… more

Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex parte Hafner… more

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For example… more

100 Million Reasons For Open Source Compliance

CoKinetic Systems Corporation filed suit against Panasonic Avionics Corporation, seeking damages in excess of $100 million, in part, for violation of the GPL v2 open source license. CoKinetic alleged that Panasonic blocked competitors… more

A New Employment Law Frontier: Illinois' Biometric Information Privacy Act

An emerging area of the law has become the focal point in a new class action lawsuit pending in the U.S. District Court for the Northern District of Illinois. In Baron v. Roundy's Supermarkets, Inc., et al. (No. 1:17-cv-03588), the… more

Deeper Dive: Security Is a Big Deal for Big Data

In the rapidly expanding landscape of Internet-based data analytic services, companies across all industries with a significant online presence have faced or will face a data breach resulting from their collection and use of Big Data… more

Compensation events under NEC3: Prospective vs Retrospective Assessment

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is different… more

SEC Disclosure Trends Related to Brexit and the Trump Administration

The Brexit vote and President Donald Trump’s election and proposed regulatory and other reforms have led to worldwide geopolitical uncertainty. We expect reporting companies will continue to disclose risk factors relating to these… more

Grant and cooperative-agreement recipients: Are your procurement standards compliant yet?

Local governments, Native American tribes, institutions of higher education, or non-profit organizations (including health care organizations) that receive grants or cooperative agreements (or part of either type of Federal award) must… more

The American Health Care Act, the Sequel Receives Its CBO Grade

Perhaps the high fives in the Rose Garden of the White House a few weeks ago may have been a bit premature. On Wednesday, May 24, 2017, the non-partisan Congressional Budget Office (CBO) released its analysis of the revised American… more

[Audio]Won’t You Be My Neighbor?

Sometimes the local rules require some sort of community outreach before or during the application process – and sometimes it’s a good idea to reach out to the community whether it’s required or not. In this episode, DWT attorneys… more

Ransomware Attack Hits Dallas Senior Living Community

No industry is immune from ransomware attacks—including senior living communities. Senior living communities have exploded now that baby boomers are selling homes, down-sizing and getting ready for that stage of life. Many of us… more

OSHA Indefinitely Delays E-Recordkeeping Data Submission Requirements

In the final year of the Obama Administration, OSHA published a controversial amendment to its Injury and Illness Recordkeeping Rule known as the “Improve Tracking of Workplace Injuries and Illnesses” Rule. As published last year, the… more

What’s Next for the Advertising Industry? Blockchain

Industries are increasingly harnessing blockchain technology in new and innovative ways. Blockchain – a digital record, or ledger, of transactions – has the potential to revolutionize the way in which we conduct business across a… more

The Rapidly Evolving Legal Landscape for New York Employers

New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions from… more

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Norris McLaughlin & Marcus, P.A., has been serving the business community of the New Jersey and New York metropolitan area since 1953. Once a humble two-man practice on Main Street in Somerville, New…

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