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The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the...more

FDA Hardens Its Stance on Intended Use and Off-Label Use and Industry Responds

From 2015 to 2016, FDA appeared to open the door to loosening the standards around intended use and off-label use, but recent rule-making and public comments suggest that FDA is becoming more sclerotic instead of flexible....more

Mayor of District of Columbia Permits Universal Paid Leave Amendment

The Act, if it becomes law, would be one of the most generous paid leave laws in the nation. On December 20, 2016, the Council of the District of Columbia (Council) passed the Universal Paid Leave Amendment Act of 2016...more

As a plan provider, make sure there are security processes in place

As a retirement plan provider, you have something to do with the retirement plan assets and may have some access to it as a third party administrator (TPA) or financial advisor...more

Will lawmakers on break get an earful over GOP’s outline for Trumpcare?

Members of Congress are home in their districts for a week-long break, and many lawmakers are expected to get an earful from voters upset over many issues at the start of the Trump Administration, especially this: What the...more

Why are more companies staying private?

Because they can…. This was the conclusion of the discussion at the SEC Advisory Committee on Small and Emerging Companies earlier in the week. The Committee discussed statistics relating to the number of companies that are...more

The ReSET – Game On!

Rethinking How We Sell. This past month, we explored the challenges of perfecting your elevator speech and getting that next meeting. And the final column of the year struggled with how to make a business relationship more...more

The Bribery Act and Management of Commercial Intermediaries

Omani companies with UK shareholders (whether minority or majority) could be forgiven for believing that the UK Bribery Act 2010 (the Act) does not apply to their operations in the Sultanate of Oman. However, two recent cases...more

Building a Favorable Project Record During Construction Disputes

The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts—which often is challenging...more

Major Effects of Revised Common Rule on Regulation of Clinical Research in New York

On January 19, 2017, the U.S. Department of Health and Human Services (HHS), together with 15 other federal Departments and Agencies, issued a final rule to revise and modernize the federal Policy for the Protection of Human...more

UK Regulator Takes Enforcement Action Against Firms for Failing to be Open and Cooperative

The Prudential Regulation Authority fined The Bank of Tokyo Mitsubishi UFJ Ltd and MUFG Securities EMEA plc for failing to be open and cooperative with the PRA about an enforcement action into BTMU by the New York Department...more

PTAB Grants Apotex’s Petition for IPR on Amgen’s Neulasta (Pegfilgrastim) Patent

The Patent Trial and Appeal Board has granted Apotex’s petition for inter partes review of Amgen’s U.S. Patent 8,952,138, finding that Apotex has a reasonable likelihood in prevailing in its assertions that claims 1-24 are...more

Florida AG Enters $8 Million Consent Order with Loan Service and Referral Companies

On February 14, 2017, the Florida Attorney General’s Office (Florida AG) announced that it had entered into three consent judgments and one settlement with four affiliated loan service companies and their operators, resolving...more

BPCIA Litigation Roundup (Midwinter 2017)

Below is our midwinter update on the U.S. patent litigations concerning proposed or approved biosimilar products. For additional details, please consult our BPCIA Litigation Summary Chart or our previous quarterly updates...more

New Jersey’s “New” Termination of Child Support Statute

On February 1, 2017, New Jersey’s “new” Termination of Child Support Statute went into effect. The new statute, N.J.S.A. 2A:17-56.67, which was signed into law on January 19, 2016 by Governor Christie, has potential to...more

Arizona Judge Finds Standing is a Must for Serial ADA Plaintiff, Dismisses More Than 1,100 Cases

An Arizona judge dismissed more than 1,100 lawsuits against Arizona businesses alleging that their parking lots are not accessible to persons with disabilities. Judge David M. Talamante rejected the plaintiffs’ argument that...more

Guv Fends Off Trump Bashers as GOP Readies Medicaid Bomb for MA

It looks like Charlie Baker has for the time being thwarted the practitioners of outrage -- they who were demanding from him at least daily denunciations of President Trump, notwithstanding the Commonwealth’s...more

Wind Power Overtakes Coal in Europe

Last year, 86 % of the 24.5 GW of new generating capacity installed in the EU came from renewable energy sources, specifically from wind, solar, biomass and hydro, breaking the previous record of 79% in 2014. This new water...more

In Case You Missed It: Launch Links - February, 2017 #2

Some interesting links we found across the web this week: Independent Directors - At a recent QuickLaunch University event in Boston, our very own Josh Fox convened a panel on best practices for developing your...more

Going Nuclear: New Jersey’s Last-Ditch Option for Legalizing Sports Betting

The U.S. Supreme Court’s recent invitation for the Solicitor General to weigh on New Jersey’s sports betting case may give new life to the Garden State’s efforts to expand its gambling portfolio. But in the event that the...more

Student Loan Debt Collector Settles with FTC for $700,000 Over Alleged FDCPA and FTC Act Violations

On February 14, 2017, the Federal Trade Commission (FTC) announced that it had entered into a stipulated order with a student loan debt collector, resolving allegations that the debt collector violated the Fair Debt...more

Important Deadlines Loom For Landlords Under Portland Residential Renter Protection Ordinance

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland’s new Renter Protection...more

Marketplace Shockwaves: Insurer Exits Leave Marketplaces Vulnerable

Early this month, Aetna announced that in 2018, it will not expand its Health Insurance Marketplace ("Marketplace" or "Exchange") coverage, and is evaluating whether it will completely pull out of the Marketplaces created by...more

Currency Hedging Survives ESMA UCITS Share Class Cull

For the past two years, the European Securities and Markets Authority (“ESMA”), Europe’s main securities regulator, has had UCITS share classes in their sights. It has issued two discussion papers on the topic and has now...more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion....more

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