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German Federal Cartel Office (Bundeskartellamt) Publishes Merger Remedies Guidance

by Jones Day on

The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control...more

Worldwide Revocation Mechanisms

Please see full Chart on Worldwide Revocation Mechanisms below for more information....more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Oh, No, Toto, An Interactive Website Won’t Get Us to Kansas

In Nexlearn, LLC v. Allen Interactions, Inc., [2016-2170, 2016-2221] (June 19, 2017), the Federal Circuit affirmed the dismissal of a complaint for patent infringement for lack of personal jurisdiction....more

Germany's Gender Pay Gap Law: What It Means for Employers

by Jones Day on

Almost parallel to the new Gender Pay Gap Regulations in the United Kingdom, Germany also implemented a new law targeting unequal pay of men and women. The Pay Transparency Act (Entgelttransparenzgesetz or "PTA") aims at...more

Workwise: Certain Earnings During Notice Period Not Considered Mitigation

by Field Law on

On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain...more

Be Careful Basing Your IPR On Previously Considered Prior Art

by Jones Day on

It is not always possible for a party seeking to challenge a patent in an IPR to find prior art patents or printed publications that the USPTO has not already considered. Often the best available prior art comes from the...more

CMS Releases the Final Medicare Part D DIR Reporting Requirements for 2016

On Friday, June 23, 2017, CMS released the Final Medicare Part D DIR Reporting Requirements for 2016. Part D sponsors may begin submitting their DIR information on June 30, 2017 and must finish their submissions by the end of...more

Key California Employment Law Cases: April 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination...more

Pennsylvania’s Malt Beverage Tax Credit to Take Effect in July

Have you been waiting to buy that new 20 barrel Brite tank? How about buying more kegs to distribute your beer? Beginning July 1, Pennsylvania breweries will have a new incentive to purchase brewing equipment, machinery, or...more

Jurisdictional Reach of State Courts Limited

The U.S. Supreme Court reversed a closely-watched California Supreme Court ruling on Monday, finding that California state courts did not have specific jurisdiction to hear the claims of nonresident plaintiffs in a class...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Financial Services Quarterly Report - Second Quarter 2017: Hong Kong Consultation on Guidelines on Online Distribution and...

by Dechert LLP on

The use of online platforms for distribution of financial products has become increasingly popular in Hong Kong. In May 2017, the Hong Kong Securities and Futures Commission (SFC) issued a Consultation Paper inviting comments...more

Brewing in the Zone: A Zoning Primer for Brewers

by Bowditch & Dewey on

Imagine finding the perfect site for your new brewery and tap room—it’s spacious, inexpensive, and conveniently located—only to be told by your lawyer that breweries aren’t allowed in that particular location. This is the...more

Supreme Court Holds Statute Banning Registration of Disparaging Marks Violates the First Amendment

by Brinks Gilson & Lione on

This past Monday, June 19, the Supreme Court unanimously ruled that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), is unconstitutional under the First Amendment. Matal v. Tam, No. 15-1293, 582 U.S. ___ (2017). Section...more

House Approves Rollback of Post-Recession Financial Reforms

In a party line vote, the House of Representatives approved the Financial CHOICE Act of 2017. If signed into law, this legislation would profoundly alter the financial services regulatory landscape put in place after the...more

Wisconsin Eliminates Permitting Requirements for 16- and 17-Year-Old Workers

by Hinshaw & Culbertson LLP on

Governor Walker signed Assembly Bill 25 (2017 Wisconsin Act 11) on Wednesday reducing burdens carried by employers that rely on teenage labor. The law became effective June 23, 2017....more

Trust – the Secret Sauce in Corporate Success?

by NAVEX Global on

A recently released ranking of industries by Trust Across America shows that one of the most competitive and financially stressed industries – consumer staples – nevertheless scored highest on a collection of measures that...more

Back to Wedding Cakes and DJs—5th Circuit Overturns Injunction against Mississippi Religious Freedom Law

Last week, the 5th Circuit Court of Appeals overturned a lower court’s injunction of the enactment of Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523). As written about in a blog...more

Slow but Steady: CMS Proposes to Simplify and Slow Down the Quality Payment Program Rollout

by Hogan Lovells on

On Tuesday, June 20, the Centers for Medicare & Medicaid Services (CMS) released a Proposed Rule to continue the rollout of the Quality Payment Program (QPP), an initiative to adjust Medicare payments to eligible clinicians...more

Appraisers’ Valuations Are Light-Years Apart, But Does That Make Them Hired Guns?

by Farrell Fritz, P.C. on

The title of this post notwithstanding, the judge’s decision in the recent, high-stakes stock valuation case I’m about to describe, featuring a clash of business appraiser titans whose conclusions of value differed by almost...more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

by Hinshaw & Culbertson LLP on

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District...more

Foreign Startup Founder Rule Delayed

by Cozen O'Connor on

It is being reported that the Trump Administration intends to stop a new rule meant to help grant foreign-born entrepreneurs temporary permission, “parole,” to be in the U.S....more

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”). As...more

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