Our Intellectual Property Litigation Group breaks down the U.S. Supreme Court’s Copyright Act ruling that allows plaintiffs to recover damages for infringements that occurred far in the past… more

On May 10, 2024, the U.S. Patent and Trademark Office announced a proposed rule change to terminal disclaimer practice.Unfortunately, the proposed change appears to further weaken issued patents in which terminal disclaimers have been… more

On Thursday, May 9, 2024, the Department of Justice announced the formation of a new task force to guide antitrust enforcement in the healthcare industry. The body, named the Task Force on Health Care Monopolies and Collusion (HCMC)… more

House Ways & Means Committee Marks Up Telehealth and More. The bills considered in the markup support expanding access to telehealth as well as access to healthcare in rural areas. All six bills passed out of the committee, but only… more

California recently passed a bill, AB 933, that expands the definition of “privileged speech” to include communications about information concerning sexual harassment, sexual assault, or discrimination. The new law defines “privileged… more

Good morning. Welcome to the first edition of Scaling Greatness, a newsletter from Integreon focusing on amplifying global business excellence and innovation… more

On May 9, the CFPB issued a new report highlighting the issues consumers encounter with credit card rewards programs. The report was released in conjunction with a hearing co-hosted with the Department of Transportation and featured… more

Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels:  Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq… more

Im grenzüberschreitenden Rechtsverkehr stoßen Akteure oft auf das Problem, dass nationale Handelsregisterdaten schwer vergleichbar sind. Das Fehlen verlässlicher Registerinformationen in einigen Mitgliedstaaten führt zudem zu einem… more

Construction contracts for private projects will soon be subject to a new retainage law in Mississippi. On April 19, 2024, Gov. Tate Reeves approved SB 2762 into law, and after July 1, 2024, most construction contracts on projects in… more

Warum ist das relevant? Bei Verstößen gegen das Datenschutzrecht drohen Unternehmen insbesondere zwei Konsequenzen: Maßnahmen der Datenschutzaufsichtsbehörden inkl. möglicher DSGVO-Geldbußen nach Art. 83 DSGVO sowie… more

As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024 attempts… more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following… more

In the age of digital connectivity, our lives are intricately woven into the fabric of the internet. This connectivity brings about unprecedented opportunities for communication but also exposes us to vulnerabilities previously… more

On April 8, 2024, the Department of Health and Human Services Office of Inspector General (OIG) issued a long-awaited favorable Advisory Opinion (AO 24-02) for a charitable patient assistance program (PAP) focused on rare disorders. AO… more

How to prepare, adapt and serve up successful outcomes - I love to entertain. I enjoy poring over recipes and ideas for menus and coming up with themes for events. I truly enjoy spending time with my guests. And I bring the same… more

查看中文 On 19 April 2024, the Stock Exchange of Hong Kong Limited (HKEx) published the conclusions to its consultation on the enhancement of climate-related disclosures under the exchange’s environmental, social and governance (ESG)… more

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize disclosure of… more

In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under the Class… more

On May 6, 2024, the CFPB resolved an enforcement action against a group of Delaware student loan trusts and a loan servicer (found here and here) for their failures to adequately respond to borrowers’ requests for relief, including… more

The Nevada Gaming Control Board (“Board”) will hold a workshop on May 23, 2024, to solicit comments on proposed amendments to Nevada Gaming Commission (“NGC”) Regulations regarding, without limitation, Regulations 5, 7A, 8, 9, 14, 16… more

In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against a number… more

Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session… more

On March 26, 2024, the French Anti-Corruption Agency (AFA) published a guide on how to engage in corporate sponsorship and charitable donation activities while appropriately mitigating corruption risks (the Guide)..… more

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial uses of… more

The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms involved in… more

On March 28, the FDIC released the spring edition of its consumer compliance supervisory highlights. The FDIC supervises approximately 3,000 state-chartered banks and thrifts that are not members of the Federal Reserve System. Most of… more

United Healthcare Group (UHG) CEO Andrew Witty was in a board meeting on Feb. 21 when officials interrupted with the news that Change Healthcare—a clearinghouse UHG subsidiary Optum had purchased for $1.3 billion in October 2022—was in… more

On April 30, 2024, the Internal Revenue Service (IRS) released Rev. Proc. 2024-23, List of Automatic Changes, which provides the list of tax accounting method changes a taxpayer may file under the IRS’s automatic procedures, updating… more

Organizations typically deal with ransomware attacks out of the public eye, but the massive scale of United Healthcare Group’s (UHG) February breach made that an impossibility. UHG CEO Andrew Witty was recently on the hot seat before… more

Rather than specifically regulating artificial intelligence (AI), the UK government has opted to rely on the existing web of laws and regulations applying to technology across a spectrum of sectors in its jurisdiction. But with this… more

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when members and… more

The US Department of Health and Human Services (HHS) issued a final rule (Final Rule) on April 26, 2024 amending the privacy regulations (Privacy Rule) promulgated under the Health Insurance Portability and Accountability Act (HIPAA)… more

The Federal Trade Commission (FTC) has been busy scrutinizing patent listings in the Food and Drug Administration’s (FDA) publication of “Approved Drug Products with Therapeutic Equivalence Evaluations,” commonly known as the Orange… more

The Department of Justice (DOJ) recently announced two new measures to enhance its corporate criminal enforcement efforts: a whistleblower rewards program and updated guidance under which federal prosecutors will assess risks related… more

On May 9, 2024, in Warner Chappell Music, Inc. v. Nealy, the U.S. Supreme Court held that the Copyright Act permits a copyright owner to recover damages for infringing acts that occurred more than three years before bringing a claim… more

On May 9, 2024, in Warner Chappell Music, Inc. v. Nealy, the U.S. Supreme Court ruled 6-3 that a copyright owner is entitled to monetary relief for timely infringement claims — i.e., claims brought within the Copyright Act’s statute of… more

Governing Data Protection Legislation - 2.1. Overview of principal legislation - The General Regulation Data Protection (Regulation (EU) 2016/679) (“GDPR”), as implemented by Law 190/2018 is the principal data protection… more

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations… more

New York State Senate Bill S8358B, also known as the “Retail Worker Safety Act,” is picking up steam as it progresses toward being enacted into law. On May 9, 2024, the bill was amended for a second time and re-referred to the Senate… more

In a controversial move, on April 24, 2024 the Federal Trade Commission (“FTC”) announced that beginning September 4, 2024, it will enforce its Final Rule banning most non-compete agreements that seek to limit a worker’s ability to… more

In Arizona, municipalities and special taxing districts, such as community facilities districts, are required to use public procurement procedures in connection with the acquisition and construction of public infrastructure. Arizona… more

On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases… more

All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing its former… more

Say goodbye to the traditional panel of experts, the ones routinely featured at educational events and conferences worldwide. Say hello to new panels of AI experts: panels in your pocket that you can call upon anytime, anywhere. New… more

Not so long ago, zeal for corporate action on ESG was skyrocketing. Now? Not so much. What happened? Many have attributed the decline in appetite for ESG to the politicization of ESG and particularly to ESG backlash. This paper from… more

Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are… more

An updated version of the ADVANCE Act—broad-ranging legislation intended to support deployment of new nuclear reactors in both the United States and abroad, among other things, received strong movement forward this past week in both… more

The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55 (5/8/2024)… more

This article describes the current challenges in developing a European MM CLO market, and how asset managers may overcome them. Originally published in Butterworths Journal of International Banking and Financial Law - April 2024… more

In corporate transactions of all kinds—mergers, acquisitions, and other business combinations—the purchaser company (Purchaser) must confront the question of how to treat the outstanding equity awards and the current equity incentive… more

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the… more

Members of the North Carolina General Assembly were back in Raleigh this week for a round of committee meetings and floor votes in each chamber. House and Senate appropriations chairs continued to meet behind the scenes throughout the… more

The Singapore Court of Appeal held on 2 May 2024 in Voltas Ltd v York International Pte Ltd that (1) a conditional award can be a final award; and (2) following the issuance of a final award and absent an express reservation of… more

In response to high-profile concerns about foreign interference in Canadian elections, Canada’s Minister of Public Safety has proposed a new Bill C-70, the Countering Foreign Interference Act (Bill). The Bill makes a number of sweeping… more

On April 17, 2024, the SEC’s Division of Examinations issued its latest risk alert regarding Rule 206(4)-1 of the Investment Advisers Act of 1940, known as the Marketing Rule. Following the examinations staff’s June 2023 and September… more

Vance Street Capital has announced it has closed its fourth fund, Vance Street Capital IV, with $775 million. The fund exceeded its target of $550 million in commitments… more

In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent infringement… more