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Product Liability Update - July 2015

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

Tax Policy Update

First it was three years, now it’s three months. The Senate’s attempt to pass a multiyear highway bill ran off the road this week after House Republicans announced they will adjourn one day early for the month-long August...more

JMOL Of Infringement Is Granted Following Bench Trial

Following a bench trial on July 13 through 16, 2015, defendant challenged plaintiff’s infringement claims and both sides moved for JMOL. Defendant argued unsuccessfully that plaintiff’s expert’s testimony was improper as...more

Does Sharing Work Product with the Government Always Waive that Protection?

For decades, companies trying to cooperate with the government have hoped for a change in the general rule that disclosing privileged communications and/or work product to the government waives those protections. In nearly...more

False Claims: A Growing Concern when Doing Business with State & Local Governments

Imagine that you are at your desk reviewing emails when your phone rings. It is a prosecutor from the state attorney general’s office, and he tells you that your company is the subject of a fraud investigation. You are...more

Supreme Court Update: Glossip V. Gross (15-7955) And Order List

We're back with our final Update of OT14, covering Glossip v. Gross (15-7955), a doubly divisive death-penalty case, and providing a roundup of the Court's orders over the last few weeks. (Did you think we'd forgotten about...more

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

Ukraine: New Rules for Advance Pricing Agreements Adopted

On 25 July 2015 the Cabinet of Ministers of Ukraine published an order on the conclusion of advance pricing agreements ("APA") in respect of controlled transactions for transfer pricing purposes* ("the APA Order"). The APA...more

California Supreme Court Denies Requests to Depublish San Juan Capistrano Case

Action Means the Closely Watched Tiered Water Rate Case Is Final - The California Supreme Court on Wednesday denied requests to depublish the appellate court opinion in Capistrano Taxpayers Association v. City of San...more

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

Real World - An Update from Dechert's London Finance and Real Estate Group July 2015: Liability for Empty Rates Where Property is...

The Court of Appeal has ruled that rates will be payable unless a vacant building is beyond economic repair. Liability for empty rates for empty properties is governed by the Local Government Finance Act 1988 (LGFA...more

U.S. Senate Proposes Bill Requiring Warrants Prior To Use Of Drones By Federal Law Enforcement

Senators Ron Wyden (D-Oregon) and Dean Heller (R-Nevada) have introduced a bill that would require a warrant prior to the use by any federal entity—including federal law enforcement—of a “mobile aerial-view device.” Such...more

California Amends Its Healthy Workplaces, Health Families Law

As previously reported, California’s Healthy Workplaces, Health Families Act of 2014 (California’s Sick Leave Law) took full effect on July 1, 2015, although some provisions were effective as of January 1, 2015. The new law...more

Check Up or Pay Up: I-9 Compliance Fines Hit CA Company

On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), issued a decision finding Hartmann Studios, Inc. “liable for 808 violations of 8 U.S.C. § 1324a(a)(1)(B)”, namely hiring workers in the United...more

Does One Wrong Equal No Rights? Connecticut Lets Its Surrogate Parents’ Contracts Lapse

Due to the State Department of Education’s failure to provide new contracts in a timely manner, Connecticut’s approximately 74 surrogate parents have found themselves in limbo. Surrogate parents are appointed by the State...more

FCPA Compliance and Ethics Report-Episode 182-Kate Atkinson on the Miller Chevalier Summer 2015 FCPA Report [Video]

In this episode I visit with Kate Atkinson, a partner at Miller Chevalier. She discusses the firm's recent FCPA Summer Report, noting some trends she sees and where enforcement may be heading. We also visit about the DOJ...more

Guest Post - Just the Fax, Ma’am

While Bexis is on vacation, here is a guest post to take up some of the slack. Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office. This one's a little different. It's about the impace of...more

Duke of Brunswick rule strikes out for Internet lawsuits

If you publish something on the Internet, would it be fair if someone could sue you for it many years later? Of course not. Because of statutes of limitation, a claimant has only a limited time period after any...more

Companies Behaving Badly, Take Note

This December 2014 statement by the U.S. Department of Justice (DOJ) underscores the risk that organizations face in matters involving alleged violations of the Foreign Corrupt Practices Act (FCPA). Said in connection with an...more

D.C. Circuit Rules Small Bank has Standing to Challenge the Constitutionality of Consumer Financial Protection Bureau

Last week, the D.C. Circuit Court of Appeals reversed a D.C. District Court decision dismissing a bank’s complaint challenging the constitutionality of the CFPB based on lack of standing. The district court had concluded that...more

2015 Amendments to Delaware Alternative Entity Acts

New amendments affect Delaware general partnerships, limited liability partnerships, limited partnerships and limited liability companies. On July 24, Delaware Governor Jack Markell signed into law several amendments to...more

The Trait of Empathy in Compliance

Can you empathize with those who work for you, around you and those you report to? While many leaders, particularly those who might be labeled the ‘command and control’ type seem to think that empathy is a negative; I think...more

SEC Opens FIFA-Related Investigations

Although not yet confirmed by the SEC, media reports suggest that the SEC has opened several investigations of publicly traded companies who contracted with FIFA. Indictments in the FIFA cases have alleged that certain...more

Urgency Legislation Clarifies California’s New Paid Sick Leave Law

As discussed in our prior article, the recently enacted Healthy Workplaces, Healthy Families Act of 2014 requires employers to provide paid sick leave to California employees who work in California for 30 or more days within...more

Employee Benefits After Obergefell

In a historic decision, the United States Supreme Court in Obergefell v. Hodges recently held that the Fourteenth Amendment of the United States Constitution requires all jurisdictions in all fifty states to: (1) license a...more

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