Dorsey & Whitney LLP

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50 South Sixth Street
Suite 1500
Minneapolis, MN 55402-1498, United States
Phone: (612) 340-2600
Fax: (612) 340-2868
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alaska
  • California
  • Colorado
  • D.C.
  • Delaware
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  • Minnesota
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Other Countries
  • Canada
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  • United Kingdom
Number of Attorneys
100+ Attorneys

SEC Endorses Use of Conditional Offers to Buy Shares in IPOs

The Securities and Exchange Commission (the “SEC”) recently issued a no-action letter to Morgan Stanley Smith Barney L.L.C. (“Morgan Stanley”) that will streamline the process for its wealth management clients to participate in…more

Conditional Offers, Initial Public Offerings, Investment Banks, Morgan Stanley, No-Action Letters

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Uber Hits a Bump in the Road with Its Self-Driving Technology with Alleged Trade Secret and Patent Violations

In February, Waymo LLC, formerly Google’s self-driving car development company, sued Uber Technologies, Inc. and others in federal court in San Francisco for, among other things, violations of the Defend Trade Secrets Act of…more

Arbitration Agreements, Defend Trade Secrets Act (DTSA), Driverless Cars, Google, Mandatory Arbitration Clauses

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Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade Commission’s…more

Corporate Counsel, Cybersecurity, Data Breach, Enforcement Actions, FTC

See all updates »

NLRB Implements Dramatic Changes to Union Representation Election Procedures

Late last week, the National Labor Relations Board (the “Board”) issued a long-anticipated final rule implementing dramatic changes to the procedures for union representation elections. The so-called “quickie election” or…more

Ambush Election Rules, NLRB, Union Elections, Unions

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Smaller Issuer Relief in the Financial CHOICE Act

As noted in the earlier post, the House passed the Financial CHOICE Act yesterday. While the headline-grabbing aspects of the Financial CHOICE Act relate to a repeal of the Volcker Rule and reducing the authority of the Consumer…more

CFPB, Dodd-Frank, Exemptions, Financial CHOICE Act, Internal Controls

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Crowdfunding: A New Way for Montana Companies to Raise Money

A new exemption passed in the Montana 2015 legislative session will allow Montana companies to use crowdfunding to offer and sell securities in Montana beginning July 1, 2015. This exemption is subject to various limitations and…more

Crowdfunding, Financing, JOBS Act, SEC, Securities

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State Retirement Plans (2.5 of 3) Carrots instead of Sticks — marketplaces, prototypes and “closed MEPs”

This is Part 2.5 of a 3-part series on state retirement plan legislation. Part 1 was an Overview. Part 2 focused on recent Department of Labor guidance making it easier for states to get a bit heavy-handed by mandating…more

DOL, ERISA, Pensions, Preemption, Retirement Plan

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First Circuit Rejects Fraud-on-the-FDA Theory of FCA Liability

Affirming an earlier order handed down by the United States District Court for the District of Massachusetts, the First Circuit recently denied Plaintiff D’Agostino leave to amend his complaint, finding the proposed claims were…more

False Claims Act (FCA), False Statements, FDA Approval, Medical Devices, Motion to Amend

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Travel Alert

As expected, on January 27, 2017, President Donald Trump issued an Executive Order entitled “Protecting the Nation from Terrorist Attacks by Foreign Nationals”. In addition to temporarily suspending all refugees' admission…more

DHS, Executive Orders, Foreign Nationals, Green Cards, Immigration Procedures

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SEC acts against Private Equity Firm for Acting as an Unregistered Broker

On June 1, 2016, the SEC issued a press release that announced a Maryland-based private equity fund advisory firm and its owner have agreed to pay more than $3.1 million to settle charges that they engaged in brokerage activity…more

Broker-Dealer, Enforcement Actions, FINRA, Investment Advisers Act of 1940, Private Equity Funds

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EU Securities – Proposed Settlement System to Facilitate London Listings of US Companies

Historically, due to certain restrictions under US securities laws, equity securities of US companies and other companies that do not qualify as “foreign private issuers” under US securities laws (collectively, “US-Based…more

Electronic Trading, EU, Foreign Private Issuers, London Stock Exchange, Regulation S

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First Department Opens the Door a Bit Wider to “Disclosure-Only” Settlement Agreements in Class Action Cases

On February 2, 2017, the New York Supreme Court, Appellate Division, First Department, approved a “disclosure-only” settlement agreement in Gordon v. Verizon Communications, Inc., 2017 N.Y. App. Div. LEXIS 740 (1st Dep’t Feb. 2,…more

Disclosure-Based Settlements, Failure To Disclose, Fairness Standard, Fiduciary Duty, Shareholder Litigation

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Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made Policy

Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer…more

Claims Made Policy, DMCA, Insurance Litigation, Late Notices, Takedown Notices

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Quirky Question #241, Working for Free In Montana At A Start-Up Business

Quirky Question - I was laid off by my Montana employer and I have decided to help my brother with his start up business. I will be a 50% owner but we are not going to take a salary until revenue is substantial. An…more

Startups, Unemployment Benefits, Volunteers

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General Counsel Permitted to Use Attorney-Client Privileged Information in Whistleblower Retaliation Case

In a recent case, Wadler v. Bio-Rad Laboratories, Inc. case number 3:15-cv-02356 (2016), the federal court in the Northern District of California ruled that the plaintiff and former general counsel of Bio-Rad Laboratories could…more

Attorney-Client Privilege, Bio-Rad Laboratories, Employer Liability Issues, FCPA, Jury Verdicts

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Passive Trademark Licensor Held Not Liable for Product Defect

Can merely licensing a trademark result in strict liability for injuries resulting from a product bearing the trademark? A decision earlier this month says no…more

Corporate Counsel, IP License, License Agreements, Popular, Product Defects

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Another New Day in Cuba: The Obama Administration Further Loosens U.S. Sanctions

On March 16, 2016, the Obama Administration further loosened sanctions on Cuba in accordance with President Obama’s policy previously announced on December 17, 2014, and partially implemented thus far, to engage and empower the…more

Banking Sector, BIS, Cuba, Cuban Assets Control Regulations (CACR), EAR

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Will That Sandwich Make You Sick? – 8th Circuit Holds NLRA Does Not Protect Disparaging Statements By Jimmy John’s Employees

On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were…more

Corporate Counsel, Disparagement, Employer Liability Issues, Employment Policies, Franchises

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The Ninth Circuit Makes it Easier to Plead Text Message TCPA Cases

As many of you already know, Facebook recently obtained a dismissal of a text message case on the ground that the texts were not sent randomly but, instead, were directed to specific users. This case (Duguid) was only the most…more

ATDS, Corporate Counsel, Dismissals, Facebook, Pleading Standards

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The Supreme Court Rolled Back Patent Venue — What Will Happen Now for Copyright?

The Supreme Court recently sounded the death knell for patent litigation in the Eastern District of Texas, overruling the Federal Circuit’s interpretation of 28 U.S.C. § 1400(b) and dramatically reducing forum shopping in patent…more

Copyright, Copyright Litigation, Forum Shopping, Patent Infringement, Patent Litigation

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Two Recent Decisions Highlight the Court’s Increasingly Narrow Interpretation on the Availability of Legal Privilege in Internal Investigations

Two recent decisions of the English High Court have considered the availability of legal professional privilege in relation to internal investigations. In both cases the availability of legal professional privilege has been…more

Criminal Prosecution, Internal Investigations, Legal Professional Privilege, Self-Reporting, Serious Fraud Office

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Another New Day in Cuba: The Obama Administration Further Loosens U.S. Sanctions

On March 16, 2016, the Obama Administration further loosened sanctions on Cuba in accordance with President Obama’s policy previously announced on December 17, 2014, and partially implemented thus far, to engage and empower the…more

Banking Sector, BIS, Cuba, Cuban Assets Control Regulations (CACR), EAR

See all updates »

Senate Finance Committee Explores Revisions to Stark Law

At a July 12, 2016 hearing entitled “Examining the Stark Law: Current Issues and Opportunities,” members of the U.S. Senate Finance Committee expressed openness to potentially significant amendments to the Stark Law aimed at…more

Congressional Investigations & Hearings, False Claims Act (FCA), Health Care Providers, Medicare, Physician Compensation Arrangements

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Foreign Private Issuer Calculation Date for Calendar Year-End Foreign Issuers is June 30, 2017

As a reminder to all foreign issuers that have a December 31 fiscal year end, the upcoming end of their second fiscal quarter, June 30, 2017, will be the calculation date for their status as a foreign private issuer (“FPI”) for…more

Corporate Governance, Disclosure Requirements, Employee Benefits, Foreign Private Issuers, SEC

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EEOC Updates Its National Origin Discrimination Guidance

On November 18, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on National Origin Discrimination, replacing the 2002 Compliance Manual section on the same topic. The new guidance discusses…more

Corporate Counsel, EEOC, Enforcement Guidance, National Origin Discrimination

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Federal Appeals Court Takes a Stand, Holding that Title VII Prohibits Discrimination on the Basis of Sexual Orientation

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex. For decades, federal courts across the country have consistently held that “sex” does not include “sexual…more

Employer Liability Issues, Gender Discrimination, LGBT, Sexual Orientation Discrimination, Split of Authority

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Launched July 8, 2017: New USPTO Rules to Clear “Deadwood” in the Federal Trademark Registry

With the latest rule changes having taken effect July 8, 2017, the United States Patent and Trademark Office continues its efforts to clear deadwood from the federal trademark register. Earlier this year, we reported on the…more

New Regulations, Trademark Cancellation, Trademark Registration, Trademarks, USPTO

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Supreme Court Asked To Clarify Application of Rule 9(b) in FCA Cases

On September 21, 2015, counsel for AT&T, Inc., and other telecommunications providers asked the U.S. Supreme Court to resolve a circuit split over what relators asserting FCA claims must do to meet Federal Rule of Civil…more

AT&T, False Claims Act (FCA), Federal Pleading Requirements, FRCP 9(b), Lifeline Program

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Medicare Proposes Continued Relief for Critical Access and Rural Hospitals Through 2-Year Moratorium on Direct Supervision Requirements

On July 13, 2017, CMS released a proposed rule as part of its 2018 Outpatient Prospective Payment System proposals that is aimed at helping to reduce some of the burdens rural hospitals experience in recruiting physicians…more

CMS, Hospitals, Medicare, Moratorium, Outpatient Prospective Payment System (OPPS)

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Dorsey Anti-Corruption Digest - April 2016

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. In this digest, we draw together news of enforcement activity throughout the world and aim to reduce your information overload. Our London, Minneapolis, New York…more

Alstom, Anti-Corruption, Avon, Brazil, Bribery

See all updates »

KISS That Trademark Application Goodbye

We recently provided some commentary on Gene Simmons and his application to register the “devil horns” rock and roll hand symbol. Well, you can now KISS that application goodbye, as Mr. Simmons has expressly abandoned his…more

Trademark Application, USPTO

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USPTO Issues Second Round of Proposed Changes to the Rules of Practice Before the Patent Trial and Appeal Board

The America Invents Act (AIA) was enacted into law on September 16, 2011. A major provision of the AIA provided for a number of post grant proceedings to be heard by the rebranded Patent Trial and Appeal Board (PTAB)…more

America Invents Act, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents

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Don’t Get Hooked! W-2 Phishing Scams on the Rise During Tax Season

Tax season can be a trying time of the year for any employer, but even more so now. As HR Departments across the country are working hard to distribute W-2 forms to employees, cybercriminals are using increasingly sophisticated…more

Email, Human Resources Professionals, IRS, Personally Identifiable Information, Phishing Scams

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Hong Kong Securities Laws Violations: SFC’s Case Against Moody’s – Part 2

On March 31, 2016, the Securities and Futures Appeals Tribunal (“SFAT”) upheld the disciplinary action of the SFC against Moody’s. This landmark decision is the first of its kind, as a disciplinary action brought by the…more

Credit Rating Agencies, Due Diligence, Enforcement Actions, Fines, Hong Kong

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Extended BE-10 Filing Deadline Fast Approaching

U.S. Persons Owning Non-U.S. Businesses Should Request a Filing Extension Now and Submit Form BE-10 by August 31, 2015, In Order to Avoid Penalties. The Bureau of Economic Analysis (BEA), an agency of the U.S. Department of…more

BEA, Form BE-10

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Hong Kong Securities Laws Violations: The SFC’s Extra-Territorial Reach – Part 2 (U.S. short-seller found culpable of market misconduct)

Hong Kong’s Market Misconduct Tribunal (the "MMT") has found U.S.-based Andrew Edward Left culpable of market misconduct in connection with his research report (“Left’s report”), published on June 21, 2012 on a U.S.-based…more

Enforcement Actions, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Misleading Statements, SEC

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EEOC Updates Its National Origin Discrimination Guidance

On November 18, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on National Origin Discrimination, replacing the 2002 Compliance Manual section on the same topic. The new guidance discusses…more

Corporate Counsel, EEOC, Enforcement Guidance, National Origin Discrimination

See all updates »

Public–Private Partnerships Core Toll Concessions Contract Guide

On September 10, 2014, the Federal Highway Administration (“FHWA”) published its final Model Public – Private Partnerships Core Toll Concessions Contract Guide (“Guide”) presenting key concepts for the structuring and…more

Contracting Procedures, Federal Contractors, Federal Highway Administration, Highways, Infrastructure

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UK Commercial Real Estate Stands Tall amid Brexit Talks and a Snap General Election

For the past 12 months, politicians and commentators have remained fixated on Brexit. As negotiations for the UK’s exit from the EU begin, the commercial real estate market in the UK appears up-beat…more

Commercial Real Estate Market, EU Single Market, General Elections, UK Brexit

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Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers

The Supreme Court ruled yesterday that Lexmark’s decision to sell its patented printer ink cartridge exhausted all of its patent rights in that cartridge, regardless of any contractual restrictions Lexmark attempted to impose on…more

First Sale Doctrine, Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement

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Launched July 8, 2017: New USPTO Rules to Clear “Deadwood” in the Federal Trademark Registry

With the latest rule changes having taken effect July 8, 2017, the United States Patent and Trademark Office continues its efforts to clear deadwood from the federal trademark register. Earlier this year, we reported on the…more

New Regulations, Trademark Cancellation, Trademark Registration, Trademarks, USPTO

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#ThatPostCouldCauseALegalRoast (Are you using Instagram content illegally… without even knowing it?)

Love it or hate it, Instagram is coming to dominate the world of advertising. During Super Bowl 50, 38 million people reportedly made 155 million Super Bowl-related interactions on Instagram…more

Class Action, Consent, Copyright Infringement, Fair Use, Instagram

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TC Heartland: The End of an Era in Patent Litigation

On Monday, May 22, the Supreme Court reached a unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, overruling the Federal Circuit’s interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and…more

Domestic Corporations, First-to-File, Foreign Corporations, Forum Shopping, Non-Practicing Entities

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Energy & Process Corp. Settles Whistleblower Action Related to Construction of Nuclear Waste Treatment Facility

On Monday, April 24, the U.S. Department of Justice announced that Energy & Process Corp. agreed to pay $4.6 million to settle False Claims Act allegations concerning the construction of a large nuclear waste treatment facility…more

DOJ, Energy Sector, False Claims Act (FCA), Nuclear Power, Nuclear Regulatory Commission

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China Adopts Tough and Sweeping Cybersecurity Law

On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China, a law James Zimmerman, chairman of the American Chamber of Commerce in China…more

Chamber of Commerce, China, Cybersecurity, Innovation, New Regulations

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Federal Circuit Confirms The Use Of Broadest Reasonable Interpretation In Inter Partes Review

Since going into effect on September 16, 2012, inter partes review (IPR) has become a widely-used mechanism for challenging the validity of patents. One reason for the popularity of IPR could be that the U.S. Patent and…more

Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

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DuPont Appeal May Clarify What Constitutes a Reverse False Claim “Obligation”

On January 20, a federal district court in Louisiana certified for appeal its 2014 ruling denying defendant DuPont’s motion for summary judgment, thereby permitting DuPont to seek appellate review of the district court’s ruling…more

Appeals, DuPont, False Claims Act (FCA), Reverse False Claims, Toxic Substances Control Act (TSCA)

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Build America Transportation Investment Center

On July 17, President Barack Obama announced the launch of the Build America Investment Initiative. The initiative includes a host of measures to increase infrastructure investment and economic growth, including the formation of…more

Barack Obama, Build America Investment Initiative, Department of Transportation (DOT), Economic Development, Federal Funding

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Trump Administration’s Position on Transgender Rights Not Likely To Impact Employers

President Trump’s administration rescinded the Obama administration’s directive that allowed transgender public school students to use the bathroom matching their gender identity and also declared that discrimination against…more

EEOC, Obama Administration, Sexual Orientation Discrimination, Title IX, Transgender

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Cybersecurity Task Force Issues Report on Improving Cybersecurity in the Health Care Industry

The Cybersecurity Act of 2015 established the Health Care Industry Cybersecurity Task Force to respond to severe cyber-attacks within the rapidly-expanding information technology (“IT”) aspect of health care. Section 405(c) of…more

Cybersecurity, Cybersecurity Act of 2015, Health Care Providers, Health Information Technologies, Information Technology

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Improper Assignment of THE EMERALD CITY Mark – Registration Cancelled in Toto

Assignment of an intent-to-use trademark application can be fraught with risk. To deter “trafficking” in ITU applications, Section 10 of the Lanham Act prohibits the assignment of an ITU application before an amendment to allege…more

Intent-to-Use, IP Assignment Agreements, Lanham Act, Trademark Application, Trademark Opposition Proceedings

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Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade Commission’s…more

Corporate Counsel, Cybersecurity, Data Breach, Enforcement Actions, FTC

See all updates »

Anti-Corruption Digest - July 2017

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. The Digest puts material regarding anti-corruption enforcement from around the world at your fingertips, keeping you ahead of critical events that impact global…more

Bribery, Chief Compliance Officers, Civil Monetary Penalty, Compliance, Criminal Convictions

See all updates »

Wednesday Benefits Developments – Cadillac Tax, Fiduciary Rule, ACA Reporting & More

Interest rates going up? Easy call. But what about those benefits developments from Wednesday? There’s plenty to digest over the last few weeks in December. Here’s a sampling of what we found interesting…more

Affordable Care Act, Cadillac Tax, Davis-Bacon Act, Disability, ERISA

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Sample ADA Notice for Wellness Programs

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires employers…more

ADA, Biometric Information, EEOC, Employer Group Health Plans, Final Rules

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Delaware Corporations – Don’t Authorize Too Many Shares, or “No Par Value” Shares

Occasionally, we will see Canadians or Canadian companies assume that they can authorize as many shares for issuance as they want when forming a Delaware corporation, or that they can authorize shares without par value. That’s…more

Canada, Certificates of Incorporation, Corporate Issuers, Cross-Border, Delaware General Corporation Law

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Trump Administration’s First Major Statement On Foreign Trade Affects Agriculture

On March 1, 2017, President Donald Trump released his first major policy statement on U.S. foreign trade relations. Issued through the Office of the U.S. Trade Representative (“USTR”), a part of the Executive Office of the…more

Agricultural Sector, America First Trade Policy, NAFTA, Trans-Pacific Partnership, Trump Administration

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Washington Meal Breaks

The Washington Supreme Court held that an employer is not strictly liable under Washington law for an employee who voluntarily waives his or her meal break. The court also held that, once an employee has asserted a prima face…more

Class Action, Class Certification, Employer Liability Issues, Rest and Meal Break, Strict Liability

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The Supreme Court - June 27, 2017

Cyan, Inc. v. Beaver Cty. Employees, No. 15-1439: Whether state courts lack subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claims…more

Audits, Bankruptcy Court, Cyan Inc v Beaver Cty Emps Ret Fund, Internal Revenue Code (IRC), PEM Entities LLC v. Levin

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Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made Policy

Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer…more

Claims Made Policy, DMCA, Insurance Litigation, Late Notices, Takedown Notices

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Franchisors May Be Liable to Franchisees’ Employees Under Recent State Cases

As noted in our first blog, the National Labor Relations Board (NLRB) has recently identified temporary service workers, outsourced and subcontracted services, and franchising as target areas for an expanded joint employer…more

Franchise Agreements, Franchisee, Franchisors, Joint Employers, NLRB

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Northern District of Illinois Dismisses Whistleblower’s FCA Suit for Failing to Connect Allegations of Misconduct with Submission of False Claims

In United States ex rel. Keen v. Teva Pharmaceuticals USA, Inc., relator Janice Keen sued her former employer—the pharmaceutical company Teva—for violations of the FCA. According to Ms. Keen, Teva trained its sales force to…more

Dismissals, False Advertising, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies

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Tea Rose, Swiss Cheese and Slam Dunk Evidence of Infringement – The 9th Circuit Weighs in on Remote Geographic Trademark Users

When two different companies adopt confusingly similar trademarks and use them in different parts of the United States, complications ensue. The adjudication of the respective rights of the parties will depend on the geographic…more

Corporate Counsel, Dilution, Lanham Act, Likelihood of Confusion, Logos

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Persons with Significant Control: Important new regulations that are now in force

On 6 April 2016, amendments to the Companies Act 2006 (the “Act”) came into effect that require companies incorporated under the Act (including companies limited by guarantee) and limited liability partnerships to produce and…more

Amended Legislation, Limited Liability Partnerships, Notice Requirements, Person with Significant Control (PSC Register), Registration Requirement

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When a Regulation is Like “a ‘Mongrel’ – With No Offense to Dogs”

It’s not every day that a federal court describes a regulation as “a ‘mongrel’ – with no offense to dogs.” But last week, that’s how a federal court characterized a Federal Communications Commission (FCC) regulation on the…more

Auto-Dialed Calls, FCC, Robocalling, TCPA, Text Messages

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Master of Your Domain – ACPA Damages Sought by Greg LeMond

You might want to think twice before registering a domain name containing a competitor’s personal name or trademark. Three-time Tour de France winner Greg LeMond put his “pedal to the metal” recently, suing two Minnesota…more

Anti-cybersquatting Consumer Protection Act, Domain Names, Personal Brands, Popular, Trademark Litigation

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Brand Names as Stage Names – Tribute or Infringement?

While all the world might be a stage, the famous U.K. fashion house Burberry Limited has now established that none of its players – except Burberry – has the right in the U.S. to use the famous Burberry trademark as a stage…more

Burberry, Fashion Branding, Fashion Industry, Music Industry, Trademark Infringement

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CMS’s 2018 Medicare Physician Fee Schedule Proposed Rule Would Slash Non-Excepted Provider-Based Department Payments

The Centers for Medicare & Medicaid Services (CMS) released its 2018 Medicare Physician Fee Schedule proposed rule on July 13, 2017. The proposed rule, among other things, proposes to cut Medicare payments for services provided…more

CMS, Comment Period, Health Care Providers, Medicare, Outpatient Prospective Payment System (OPPS)

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Washington State’s Cooperative Law Overhauled Effective January 1, 2016

For the first time in years, Washington’s cooperative statutes have been given a facelift. Effective January 1, 2016 (except certain provisions affecting Limited Liability Companies (LLCs)), Washington state has created a set…more

Corporate Governance, Corporations Code, Foreign Entities, Limited Liability Company (LLC), Limited Liability Partnerships

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IRS Notice 2016-4 — ACA Reporting Extension for Forms 1094 & 1095

IRS Notice 2016-4 makes for some happy reading. (IRS Notice 2016-4) - Background. All Applicable Large Employers (those with 50 or more full time equivalent employees) must report on Form 1095 whether they offered…more

Affordable Care Act, COBRA, Form 1094, Form 1095, IRS

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FDA Requests Painkiller Removed From the Market

The FDA has called on the drugmaker Endo Pharmaceuticals to stop selling the opioid Opana ER. The press release on June 8th reflecting this announcement marks a novel approach from the FDA, as the agency for the first time has…more

FDA, Opioid, Pharmaceutical Industry, Prescription Drugs, Public Health

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Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers

The Supreme Court ruled yesterday that Lexmark’s decision to sell its patented printer ink cartridge exhausted all of its patent rights in that cartridge, regardless of any contractual restrictions Lexmark attempted to impose on…more

First Sale Doctrine, Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement

See all updates »

A Close to Open Internet Challenges?

In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open…more

Broadband, Common Carriers, Communications Act of 1934, FCC, First Amendment

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Dorsey Anti-Corruption Digest - April 2016

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. In this digest, we draw together news of enforcement activity throughout the world and aim to reduce your information overload. Our London, Minneapolis, New York…more

Alstom, Anti-Corruption, Avon, Brazil, Bribery

See all updates »

Another Shoe Drops: More Changes to the U.S. Cuban Sanctions from the White House

On January 25, the Obama Administration made concurrent announcements about its evolving posture on the Cuban sanctions. On that date, the Office of Foreign Assets Control (OFAC) released more changes to the Cuban Assets…more

Cuba, Cuban Assets Control Regulations (CACR), EAR, Embargo, Exports

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EU Securities – Proposed Settlement System to Facilitate London Listings of US Companies

Historically, due to certain restrictions under US securities laws, equity securities of US companies and other companies that do not qualify as “foreign private issuers” under US securities laws (collectively, “US-Based…more

Electronic Trading, EU, Foreign Private Issuers, London Stock Exchange, Regulation S

See all updates »

Anti-Corruption Digest - July 2017

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. The Digest puts material regarding anti-corruption enforcement from around the world at your fingertips, keeping you ahead of critical events that impact global…more

Bribery, Chief Compliance Officers, Civil Monetary Penalty, Compliance, Criminal Convictions

See all updates »

Update on China’s New Restrictions on Internet Content

Apple’s iTunes and Disney’s DisneyLife websites have reportedly become early targets of China’s internet regulators who are beginning to enforce new rules restricting the publication of online content. The new rules, the Online…more

Apple, China, Corporate Counsel, Disney, Foreign Corporations

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Common Compliance Issues for Investment Advisers

On February 7, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) published a Risk Alert listing the five most frequent compliance topics identified on investment adviser examinations completed within the…more

Chief Compliance Officers, Investment Adviser, OCIE, Risk Alert, SEC

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New Immigration Rule to Welcome Start-Up Foreign Entrepreneurs

Following up on President Obama’s proposal to acknowledge the global marketplace of ideas and leverage current immigration law to encourage entrepreneurship and economic growth, the U.S. Citizenship and Immigration Service…more

Entrepreneurs, Foreign Nationals, Global Marketplace, Proposed Regulation, USCIS

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EU-US Data Transfer Privacy Shield: Political Agreement Achieved Regarding “Safe Harbor 2.0”

Significant uncertainty and concern regarding US companies’ ability to process and use personal data received from the EU has loomed since the October 2015 decision by Europe’s highest court invalidating the EU-US Safe Harbor. …more

Article 29 Working Party (WP29), Binding Corporate Rules, Data Protection Authority, EU, EU-US Privacy Shield

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Delaware Bankruptcy Court Approves Indenture Trustee Fees in Face of Fee Objection by Certain Noteholders

On March 8, 2017, the U.S. Bankruptcy Court for the District of Delaware issued a decision in In re Nortel Networks Inc., et al., 2017 Bankr. LEXIS 674 (Bankr. D. Del. Mar. 8, 2017), that addresses the issue of whether an…more

American Rule, Baker Botts v ASARCO, Bankruptcy Court, Commercial Bankruptcy, Indenture Trustee

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Utah Unemployment Law Update - Part 2

In this Issue: - Mobile Phone / Driving Laws - Unemployment Benefits - Facts - Procedural History - The Law - Court of Appeals Decision - Takeaway - Wrongful Termination - Religious…more

Appeals, Distracted Driving, Employer Liability Issues, Hiring & Firing, Mobile Devices

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China Adopts Tough and Sweeping Cybersecurity Law

On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China, a law James Zimmerman, chairman of the American Chamber of Commerce in China…more

Chamber of Commerce, China, Cybersecurity, Innovation, New Regulations

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Student Loan Creditor Off the Hook for Third Party Collectors’ TCPA Violations, But is Not Exempt for Collecting Government Backed Debts

A District Court in the Southern District of California recently cut loose a student loan creditor entangled in a Telephone Consumer Protection Act (TCPA) lawsuit, finding the defendant was not vicariously liable for the alleged…more

Corporate Counsel, Debt Collection, Government-Guaranteed Loans, Navient, Student Loans

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Damages: Making Anti-Harassment Policies Work in the United States

Harassment has been in the news a lot lately in the United States, with several high-profile terminations at well-known companies. Companies are losing millions of dollars, not just in settlements and verdicts, but in lost…more

Best Management Practices, EEOC, Employer Liability Issues, Harassment, Risk Management

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Sample ADA Notice for Wellness Programs

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires employers…more

ADA, Biometric Information, EEOC, Employer Group Health Plans, Final Rules

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This Week In Securities Litigation

The Commission affirmed by a divided vote an Initial Decision dismissing insider trading charges against Wells Fargo trader Joseph Ruggieri. At a hearing the Division of Enforcement failed to prove that in six instances Mr…more

Administrative Proceedings, ALJ, Business Valuations, Dismissals, Enforcement Actions

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Supreme Court Will Decide Whether to Relax the Standard for Award of Enhanced Patent Damages

The U.S. Supreme Court announced last week that it will decide two cases concerning the issue of when district courts may award enhanced damages to patentees upon a finding of infringement. Stryker Corp. v. Zimmer, U.S., No…more

Attorney's Fees, Bad Faith, Brooks Furniture, Enhanced Penalties, Evidence

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Amended German Investment Controls: Increased Scrutiny and Delays for German Target M&A Deals with Non-EU Buyers

In line with an apparent trend towards tighter trade and investment controls in various countries, the German government last week adopted stricter rules on investments in German companies by non-EU parties (an EFTA-based party…more

Auction, EU, Germany, Investment, New Regulations

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DOJ, SEC Change “Cooperation Credit” Process, Add Resources to Fight Corruption

During recent speeches Deputy Attorney General Sally Yates and SEC Enforcement Division head Andrew Ceresney announced changes to the processes the DOJ and the SEC will use to decide if a company will receive “cooperation…more

Compliance, Cooperation Initiative, DOJ, FCPA, SEC

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The Federal Circuit Grapples With a Messy Breakup and Trademark Ownership

Last week, the U.S. Court of Appeals for the Federal Circuit provided important guidance on the standard applicable to resolving disputes over the rightful ownership of a trademark where the mark has been used by a group of…more

Appeals, Business Disputes, Trademark Trial and Appeal Board, Trademarks

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Quirky Question #223, Meal Periods Outside California

We have offices in 13 states, a headquarters in Iowa and a manufacturing facility in Alaska. Several employees have used our “open suggestion box” to request that we allow them to work through lunch so they can go home earlier…more

On-Duty Meal Period Waivers, Rest and Meal Break, Wage and Hour

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The FCC’s 2016 BBA Implementing Ruling Digested (Volume 3): “Making a Call” and “Initiating a Call” Are the Same Thing – Except that They Aren’t

Here’s something a lot of folks—even so-called TCPA “experts—tend to overlook. Most people realize that the TCPA contains two separate provisions with respect to the use of regulated technology to place calls to phone…more

Bipartisan Budget Act, FCC, Robocalling, TCPA

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Compliance with XBRL for Foreign Private Issuers that Prepare their Financial Statements in Accordance with IFRS Required Beginning with Annual Reports for Fiscal Periods Ending on or after December 15, 2017

On March 1, 2017, the United States Securities and Exchange Commission (SEC) published the taxonomy for the eXtensible Business Reporting Language (XBRL) for financial statements prepared in accordance with International…more

Foreign Private Issuers, IFRS, Regulation S-T, Reporting Requirements, SEC

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Proposed Federal Breach Notification Law: Panacea Or Flash in the Pan?

The Obama Administration has just released the proposed text of the Personal Data Notification & Protection Act as the latest step in its uniform federal breach notification initiative. Similar legislative efforts in the past…more

Barack Obama, Breach Notification Rule, Corporate Counsel, Personally Identifiable Information, Proposed Legislation

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Ninth Circuit holds that Fannie Mae and Freddie Mac are not officers, employees, or agents of the United States under 31 U.S.C. § 3729(b)(2)(A)(i) of the False Claims Act

On February 22, the Ninth Circuit affirmed the dismissal of an FCA claim brought by relators alleging that various lenders and loan servicers made false certifications to Fannie Mae and Freddie Mac, concluding that claims…more

Dismissals, False Claims Act (FCA), Fannie Mae, FHFA, Freddie Mac

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Deadline Approaching for Disclosure of Continuing Disclosure Violations

The Securities and Exchange Commission (the SEC) recently launched its Municipalities Continuing Disclosure Cooperation Initiative (the MCDC Initiative). Obligated persons (including issuers and conduit borrowers) and…more

Bonds, Disclosure Requirements, MCDC, Municipal Bonds, SEC

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What do Raging Bull and Adult Diapers Have in Common?

Apparently, quite a bit according to the Supreme Court. The Supreme Court has dipped its toe into the waters of intellectual property law again and has decided to overturn 150 years or more of common law precedent in its…more

Damages, Equitable Estoppel, Laches, Patent Infringement, Petrella v. MGM

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New legislation eases the way for telehealth providers in TX and signals increasing national alignment

New legislation recently signed into law in Texas paves the way both for digital health companies to expand, particularly direct-to-consumer (D2C) companies, and also potentially heralds an era of virtual care visits on a truly…more

Digital Health, Health Care Providers, New Legislation, Physicians, Telehealth

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Improvements to technology used in your business are eligible for patenting?—?it’s not your business.

If you have talked about patenting inventions lately, you might have been told that software per se is not eligible for patenting and that you should protect your business’s intellectual property (IP) using copyrights, trade…more

Bascom Global v AT&T Mobility, CLS Bank v Alice Corp, DDR Holdings v Hotels.com, Enfish v Microsoft, McRo v Bandai Namco

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Preparing for the 2015 Proxy Season

Similar to last year, there are no new disclosure requirements which need to be reflected in this year’s proxy statement; however, with ongoing shareholder activism and the desire of companies to communicate effectively with…more

Bylaws, Corporate Governance, Equity Compensation, Executive Compensation, Glass Lewis

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Deadline Approaching for Disclosure of Continuing Disclosure Violations

The Securities and Exchange Commission (the SEC) recently launched its Municipalities Continuing Disclosure Cooperation Initiative (the MCDC Initiative). Obligated persons (including issuers and conduit borrowers) and…more

Bonds, Disclosure Requirements, MCDC, Municipal Bonds, SEC

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Alice’s Patent Invalidated as “Abstract,” But Court Declines to Articulate Standard Applicable across Industries

In deciding Alice Corp. v. CLS Bank International, the Supreme Court Thursday invalidated Alice’s patent to software for intermediated settlement of transactions – finding the patent claimed nothing more than a general computer…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Minnesota Amends Trust Instruction Procedure Statute

The 2015 Minnesota Legislature adopted, and Governor Dayton signed into law, a revised Minnesota Trust Code, which will go into effect on January 1, 2016. The Minnesota Trust Code, Chapter 501C, is the first major revision of…more

Amended Legislation, Governor Dayton, Personal Jurisdiction, Securitization, Uniform Trust Code

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The Impact of Rejection on Trademark Licensees’ Rights in Bankruptcy: the Latest Decision on an Issue that Has Courts Divided

A decision by the Bankruptcy Court for the District of New Hampshire is the latest of a handful of cases in the past few years to weigh in on a circuit split as to whether a licensor of trademark rights can fully terminate a…more

Appeals, Bankruptcy Code, Commercial Bankruptcy, IP License, Trademarks

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Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

In a significant victory for the broadcast industry, the Supreme Court has held in a 6-3 decision that Aereo’s TV streaming service is a public performance within the meaning of the Copyright Act. Aereo operates massive antenna…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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First Department Opens the Door a Bit Wider to “Disclosure-Only” Settlement Agreements in Class Action Cases

On February 2, 2017, the New York Supreme Court, Appellate Division, First Department, approved a “disclosure-only” settlement agreement in Gordon v. Verizon Communications, Inc., 2017 N.Y. App. Div. LEXIS 740 (1st Dep’t Feb. 2,…more

Disclosure-Based Settlements, Failure To Disclose, Fairness Standard, Fiduciary Duty, Shareholder Litigation

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EEOC Updates Its National Origin Discrimination Guidance

On November 18, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on National Origin Discrimination, replacing the 2002 Compliance Manual section on the same topic. The new guidance discusses…more

Corporate Counsel, EEOC, Enforcement Guidance, National Origin Discrimination

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Second Circuit Rules Unintended UCC Termination Statement Was Authorized

When terminating a financing statement, it is necessary to be certain that other financing statements are not unintentionally released, according to an opinion last week of the Second Circuit Court of Appeals. The effect of not…more

Commercial Bankruptcy, General Motors, Lenders, Perfected Security Interest, Secured Debt

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ISS Peer Group Submission Window Closes This Friday, for Companies with Fall/Winter Meetings

Information on self-selected peer groups may influence ISS as it constructs the peer groups that it uses in its pay for performance analysis in its voting reports. According to the ISS press release, companies that have made no…more

Corporate Governance, Executive Compensation, ISS, Proxy Season

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Public Use of “Googling” Does Not Genericize Trademark

When faced with a random (but very important) question, how often is our response: “I’ll google it”? Using google as a verb, similar to the above question, was at the center of a recent decision by the U.S. Court of Appeals for…more

Domain Names, Generic Marks, Google, Public Use, Trademark Cancellation

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Tax Consequences to U.S. Shareholders of Holding Shares in a Passive Foreign Investment Company or PFIC

If a non-U.S. corporation (the “Company”) is a “passive foreign investment company” or “PFIC” for any tax year during which a U.S. shareholder owns shares in the Company, certain adverse U.S. federal income tax consequences of…more

Distribution Rules, IRS, Passive Foreign Investment Company, Shareholders

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The Supreme Court Narrowly Defines an ERISA Plan’s Right to Subrogation in Montanile v. Board of Trustees of Nat. Elevator Industry Health

Most ERISA group health plans have subrogation terms – that is, terms allowing the plan to recover benefits paid to injured participants who later recover a tort settlement for their injuries. These subrogation claims are…more

Benefit Plan Reimbursements, Equitable Relief, Equitable Subrogation, ERISA, Health and Welfare Plans

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New CDIs Help Issuers With Pay Ratio Disclosure, A Little

On October 19th, the SEC released five new Compliance and Disclosure Interpretations (“CDIs”) relating to the upcoming “Pay Ratio Disclosure” requirements in Item 402(u) of Regulation S-K. Item 402(u) Pay Ratio Disclosure…more

C&DIs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

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Fearless Girl Must Stay

In honor of International Women’s Day, State Street Global Advisors installed a statue of a Fearless Girl standing in front of Wall Street’s Charging Bull. The statue by artist Kristen Visbal was an overnight sensation, drawing…more

Copyright, Derivative Works, Likelihood of Confusion, Trademarks, Visual Artists Rights Act (VARA)

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China Adopts Tough and Sweeping Cybersecurity Law

On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China, a law James Zimmerman, chairman of the American Chamber of Commerce in China…more

Chamber of Commerce, China, Cybersecurity, Innovation, New Regulations

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Court Enforces CFPB Civil Investigative Demand Against Tribal Lending Entity; Rejects Argument that Tribal Sovereignty Precludes Such Demands

On January 20, 2017, in CFPB v. Great Plains Lending, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Consumer Financial Protection Bureau’s civil investigative demands for documents from lending companies…more

CFPB, Dodd-Frank, EFTA, Enforcement Authority, Gramm-Leach-Blilely Act

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TUPE – What Will The 2014 Changes Bring?

Following a 2-year consultation process, legislation comes into force on 31 January 2014 to amend ‘TUPE’, the Transfer of Undertakings (Protection of Employment) Regulations 2006. The 2006 TUPE regulations provide for the…more

Employee Rights, TUPE, UK

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Washington Meal Breaks

The Washington Supreme Court held that an employer is not strictly liable under Washington law for an employee who voluntarily waives his or her meal break. The court also held that, once an employee has asserted a prima face…more

Class Action, Class Certification, Employer Liability Issues, Rest and Meal Break, Strict Liability

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The Supreme Court Rolled Back Patent Venue — What Will Happen Now for Copyright?

The Supreme Court recently sounded the death knell for patent litigation in the Eastern District of Texas, overruling the Federal Circuit’s interpretation of 28 U.S.C. § 1400(b) and dramatically reducing forum shopping in patent…more

Copyright, Copyright Litigation, Forum Shopping, Patent Infringement, Patent Litigation

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Bankruptcy Court Opinion Clarifies California Law on Duties of Directors & Officers Upon Insolvency

It is not unusual in the lifecycle of a start-up for the company to hit road blocks and have cash flow issues. During these times, the board and its members will ask the company’s professionals what their fiduciary duties are…more

Bankruptcy Court, Board of Directors, Business Judgment Rule, Commercial Bankruptcy, Corporate Counsel

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Bankruptcy Court Opinion Clarifies California Law on Duties of Directors & Officers Upon Insolvency

It is not unusual in the lifecycle of a start-up for the company to hit road blocks and have cash flow issues. During these times, the board and its members will ask the company’s professionals what their fiduciary duties are…more

Bankruptcy Court, Board of Directors, Business Judgment Rule, Commercial Bankruptcy, Corporate Counsel

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Board Refreshment: Investors Respond to Trends in Mandatory Retirement Age and Tenure with More Stringent Voting Policies

As many institutional investors have concluded, prevailing governance policies and practices have not produced desired board refreshment, which these investors would support in order to strengthen expertise, promote diversity…more

Board of Directors, CalPERS, Corporate Governance, Directors, Glass Lewis

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Oracle vs. Google: More Than Just Coffee

Java – what does it mean to you? If you are like me, it’s your favorite morning beverage. It’s also an island in Indonesia that you hope to visit someday on a dive trip. If you are the owner of an Android smartphone, Java may…more

Affirmative Defenses, APIs, Copyright Infringement, Fair Use, Google

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The Long and Winding Road of the Clean Power Plan Litigation

The Clean Power Plan (CPP) is without a doubt one of the most complex and controversial regulatory undertakings in the EPA’s history, so much so that it was challenged in court – twice – before it was even published in the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Justice Scalia, Michigan v. EPA

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Revised Uniform Fiduciary Access to Digital Accounts Act Adopted by Four States

With the shift from traditional hard copy paper documents towards electronic records stored Cloud Computing-based software and services (e.g., iCloud, Dropbox, Google Drive, etc.), access to and use of digital assets by…more

Cloud Computing, Deceased, Digital Assets, Electronic Records, Estate Planning

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Don’t Get Hooked! W-2 Phishing Scams on the Rise During Tax Season

Tax season can be a trying time of the year for any employer, but even more so now. As HR Departments across the country are working hard to distribute W-2 forms to employees, cybercriminals are using increasingly sophisticated…more

Email, Human Resources Professionals, IRS, Personally Identifiable Information, Phishing Scams

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Delaware Bankruptcy Court Approves Indenture Trustee Fees in Face of Fee Objection by Certain Noteholders

On March 8, 2017, the U.S. Bankruptcy Court for the District of Delaware issued a decision in In re Nortel Networks Inc., et al., 2017 Bankr. LEXIS 674 (Bankr. D. Del. Mar. 8, 2017), that addresses the issue of whether an…more

American Rule, Baker Botts v ASARCO, Bankruptcy Court, Commercial Bankruptcy, Indenture Trustee

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How to Prepare for Theft of Company Information

Companies should take three steps now to ensure use of the Defend Trade Secrets Act. In May, President Barack Obama signed into law the Defend Trade Secrets Act that creates a federal civil cause of action for the…more

Asset Seizure, Confidential Information, Confidentiality Agreements, Data Protection, Defend Trade Secrets Act (DTSA)

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“The Man Who Brought the Beatles to America” is Bringing Them Back…to a U.S. District Court

Sid Bernstein was a legendary promoter and producer of iconic rock-and-roll performers including the Rolling Stones, the Moody Blues and, of course, the Beatles. Bernstein earned his moniker as “The Man Who Brought the Beatles…more

Authorship, Copyright Infringement, Derivative Works, Music Industry, Video Recordings

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USPTO Proposes Streamlined Cancellation Procedures

In its latest effort to clear deadwood from the Trademark Register, the United States Patent and Trademark Office (“PTO”) has issued a Notice of Proposed Rulemaking that proposes an expedited version of a cancellation proceeding…more

Comment Period, NPRM, Trademark Cancellation, USPTO

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Despite Trump approval, Keystone XL pipeline still has hurdles to cross

Last Thursday, the Trump administration issued a presidential permit to TransCanada to operate and construct the Keystone XL pipeline. Although the granting of the presidential permit is a big step forward, many regulatory and…more

Energy Sector, Keystone XL Pipeline, Permits, Pipelines, Trump Administration

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Settling Parties Beware: Failing to Provide Notice to Your Insurer Before Settling May Doom Your Chance of Recovery

On April 25, 2016, the Colorado Supreme Court issued a decision in Travelers Prop. Cas. Co. v. Stresscon Co. Stresscon, a subcontracting concrete company, entered into a set