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Market Volatility Delays Shenzhen-Hong Kong Stock Scheme Launch

On November 17, 2015, at a ceremony in Hong Kong marking the first anniversary of the Shanghai-Hong Kong Stock Connect scheme, Hong Kong Exchanges and Clearing (HKEx) chief executive Charles Li Xiaojia confirmed that the...more

Turkey’s “Additional Customs Duties” – Will Medical Devices Be Next?

In 2011, Turkey imposed for the first time “additional customs duties.” These are duties as high as 50% imposed on top of normal customs duties on certain goods entering the Turkish territory. These additional customs...more

Desktop Reference Guide: Summary of Section 16 Rules

This is a summary only. Due to the complexity of Section 16, please consult with us regarding the application of Section 16 to your particular circumstances. Please see full Reference Guide below for more information....more

Goldman Sachs May Still Be Liable After Board's Fiduciary Duty Breach Exculpated

Section 102(b)(7) of the Delaware General Corporation Law permits a provision in a company's certificate of incorporation that exculpates directors from monetary liability for breaches of the fiduciary duty of care. By...more

Website Accessibility Regulations Delayed Again! (For At Least Three Years!!)

In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at...more

If Governor Did These 10 Things, He Could Ruin His Popularity in No Time

Charlie Baker has been our governor for 11 months and hasn't yet met a poll he didn't like. In the past week alone, there were two news reports on polls showing that Baker enjoys a level of popularity most pols only...more

USCIS Unveils Proposed Changes to Form I-9

On November 24, 2015, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. Many of the...more

Additional Changes Concerning VOSB/SDVOSB Verification?

It’s been an eventful November for the Federal Government’s VOSB/SDVOSB programs. First, the Department of Veterans Affairs (“VA”) issued a proposed rule outlining changes that would drastically change the manner in which...more

JDB 081: Can You Create Great Content if You Hate Being a Lawyer?

Recently here at JDBlogger attorney Jim Hart wrote an article about starting his law practice over at age 40 to pursue an area of the law that he had a passion for. I think Jim’s article struck a chord with many attorneys in...more

U.S. Department of Education Issues New Guidance on Incentive Compensation Regulations

On Friday, November 27, 2015, the U.S. Department of Education (the “Department”) will publish guidance in the Federal Register regarding its October 29, 2010 changes to the incentive compensation regulations at 34 C.F.R. §...more

De Minimis Rule is Back in the Context of Class Actions

De minimis non curat praetor — this ancient legal maxim suggests that judges should not have to hear trivial cases. The maxim seems to have lost most of its significance in the context of class actions. In several instances,...more

Federal Circuit Sends Verinata Patent Back to PTAB – The Import of Background Prior Art In Supplying The Requisite Motivation To...

On November 16, 2015, the Federal Circuit vacated and remanded a Patent Trial and Appeal Board (PTAB, also the “Board”) inter partes review (“IPR”) decision holding that a prior art reference, though not identified as an...more

$100 is Sufficient Consideration for a Non-Compete

The North Carolina Court of Appeals recently concluded that $100 is sufficient consideration for the execution of a mid-employment non-compete. Employment Staffing Group v. Little, 777 S.E.2d 309 (N.C. Ct. App. 2015). Monica...more

Court of Appeal and English High Court Reshape Cartel Damages Litigation Landscape in Air Cargo

Court of Appeal confirms presumption of innocence is absolute and strikes out economic tort claims; English High Court strikes out entirety of claim brought on behalf of over 60,000 Chinese claimants. Background...more

Blog: House Hearing On Conflict Minerals Rule: A Mixed Bag

At a hearing last week before a subcommittee of the House Financial Services Committee, the members heard testimony regarding the Dodd-Frank conflict minerals provision. The Chair expressed concern that the provision was...more

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

District Court Grants Motion to Dismiss for Lack of Standing Where Co-Owners of Patent Were Not Joined in Original Complaint But...

Cobra International, Inc. ("Cobra") filed a patent infringement action against Defendants for infringement of U.S. Patent No. 5,821,858 ("the '858 patent"). Cobra alleged that the '858 patent was issued to Allan J. Stone, who...more

Montgomery County Now Requires Radon Testing Before Single-Family Home Sale

The Montgomery County Council enacted Bill No. 31-15 on November 17, 2015 requiring radon testing prior to the sale of single-family homes, regardless of whether it is the initial or resale of the home. Bill No. 31-15 will...more

The Syrian Refugee Crisis: Highlights of the Resettlement Process and Tips for Employers

The terrorist attacks in Paris on November 13th have heightened Americans’ concern over security as President Obama has pledged to admit 10,000 Syrian refugees fleeing that troubled, violent, and oppressive land. A number...more

Pennsylvania Still Requires Separate Consideration for Restrictive Covenant Agreements

In a much anticipated decision released on November 18, 2015, the Supreme Court of Pennsylvania closed the door—if it was ever open—on any arguments doing away with the separate consideration required for restrictive covenant...more

Courts Reject Protection for Corporate Investigations, but Offer Helpful Guidance: Part II

Last week's Privilege Point described two cases rejecting defendant's protection claims for internal investigations. In each case, the court held that the defendant undertook its investigation in the ordinary course of its...more

FCA To Investigate Competition In Asset Management

The Financial Conduct Authority (FCA) published the Terms of Reference for its asset management market study on 18 November 2015. The study follows a wider review of competition in the wholesale sector launched in July 2014....more

News from Second and State

Despite hopes that a state spending plan could be on its way to enactment by Thanksgiving, this week was another budget bust. Amid reports that budget talks had broken down on Tuesday night, Senate Republicans threatened to...more

Legal Advice Privilege In The Context Of A Regulatory Investigation

In this case report, we consider the decision of the High Court in Property Alliance Group Ltd v The Royal Bank of Scotland plc [2015] EWHC 3187 (Ch) (5 November 2015). In the latest in a series of procedural decisions in...more

The Bad Bet of Offering Self Directed Brokerage Accounts in 401(k) Plans

I love Las Vegas and I hate to gamble, which explains why I haven’t been to Atlantic City since 1995. I love the sights, sounds, the entertainment, the food, and everything but the gambling. I hate gambling because I don’t...more

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