Dorsey & Whitney LLP

Buy-to-Let Investors Turn to Commercial Property

Buy-to-let investors are increasingly turning away from residential properties, with some reports stating that the number of those jumping ship to the commercial sector has recently tripled. This shift has been spurred by…more
| Real Estate - Commercial, Real Estate - Residential, Securities Law, Taxation

SEC – GM Settle Internal Controls Action

Effective internal controls are critical to any organization. The Commission has focused on these controls, brining enforcement actions in recent months tied to internal control issues. Its latest case in this area names General…more
| Business Organizations, Products Liability, Securities Law, Transportation

Insurers’ Suit Against Government for Affordable Care Act Payments May Proceed; If Successful, Insurers Entitled to Billions from the United States

In a closely watched case, the Court of Federal Claims last week refused to dismiss a health insurer’s putative class action against the Federal government for payments authorized under the Affordable Care Act. The Court’s…more
| Civil Procedure, Government Contracting, Health, Insurance

SEC – BlackRock Settle Whistleblower Claim

The protection of whistleblowers has been a recurrent theme in recent SEC enforcement actions. The agency has brought a series of actions designed to protect the right of employees to report wrong doing to the Commission…more
| Business Organizations, Securities Law

Could the EU Unified Patent Court Start Working in December 2017?

The Preparatory Committee charged with the implementation of the Unified Patent Court (“UPC”) announced on 16 January 2017 that it anticipates that the UPC agreement would come into force in December 2017, at which point it is…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

U.S. Supreme Court Grants Certiorari To Evaluate Class Waivers Under the National Labor Relations Act

The U.S. Supreme Court decided today to consider related cases addressing whether arbitration agreements containing class action waivers violate employee rights under the National Labor Relations Act (“NLRA”). The National…more
| Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law

Of Klingons and Copyrights: Trekkie Fan Film Hits Fair Use Flameout

A Star-Trek fan-film is boldly headed to a jury trial to determine whether Axanar Productions—the company behind the fan-film—is liable for copyright infringement. Paramount Pictures and CBS Studios sued Axanar Productions in…more
| Art, Entertainment, & Sports Law, Intellectual Property

OIG Interprets and Incorporates Statutory Exceptions to CMP Law

As of January 6, 2017, final rules published by the United States Department of Health and Human Services Office of the Inspector General (the “OIG”) implementing certain exceptions to the Civil Monetary Penalty law (“CMP”) took…more
| Health

Shareholder Proposals Restricting Board/Management Access to Preliminary Voting Results May Be Excluded

On January 6, 2017, the SEC Staff granted no-action relief that would allow companies to exclude shareholder proposals preventing management or the board from accessing preliminary voting results on uncontested matters prior to…more
| Business Organizations, Commercial Law & Contracts, Securities Law

This Week In Securities Litigation

FCPA enforcement was a key priority this week. The Commission filed two settled actions. Once involved a recidivist in which the firm made admissions in resolving the matter with the DOJ…more
| Business Organizations, International Law & Trade, Securities Law

Another IP Lesson from Bikini Bottom: What “The Krusty Krab” Teaches Us About Trademark Protection for Fictional Places

In a previous post we discussed what SpongeBob SquarePants can teach us about trademark licensing. Now, more IP lessons are bubbling up from the fathoms below thanks to our absorbent, yellow and porous friend…more
| Art, Entertainment, & Sports Law, Intellectual Property

SEC – Government Contracts Firm Settle Internal Controls Action

Internal controls has been at the center of a number of Commission enforcement actions in recent months. Its most recent action in this area focuses on a firm that recognized revenue in a manner that was inconsistent with its…more
| Business Organizations, Government Contracting, Securities Law

NY-NJ Port Authority Admits Violating Federal Securities Laws

The Port Authority of New York and New Jersey is a significant participant in the capital markets with about $20 billion in debt outstanding. Tracing its history to 1921 when the two states entered into an interstate compact…more
| Securities Law, Transportation

Phish Snared in Trademark Office’s Net Due to Phan Products

Ask any fan of the American improvisatory rock band Phish to explain the significance of the following pattern and you will invariably receive the same answer:         It’s of course the pattern of drummer Jon Fishman’s…more
| Art, Entertainment, & Sports Law, Intellectual Property

SEC, USAO Charge IA Who Covered-up Referral Fee

The cover-up is virtually always worse than the underlying conduct. History is replete with instances where improper or even wrongful conduct was severely aggravated by an effort to conceal the conduct…more
| Finance & Banking, Securities Law
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Contact

50 South Sixth Street
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Minneapolis, MN 55402-1498, United States

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