Faegre Baker Daniels

Connect the Dots: Petition That Fails to Explain How Prior Art Could Be Combined Can Doom a PTAB Proceeding

While claim charts are often used to compare prior art to challenged patent claims, simply submitting those claim charts as part of a petition to the Patent Trial and Appeal Board (PTAB), without more, could lose your case…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Game Change: Covered Agreement Process for Insurance Underway

The United States Department of the Treasury’s Federal Insurance Office (FIO) and the United States Trade Representative (USTR) jointly notified four key congressional committees that they were formally initiating negotiations…more
| Finance & Banking, Insurance, International Law & Trade

Get It in Writing: Even Arguments Prompted by PTAB Questions Must Be in the Briefings

The Patent Trial and Appeal Board (PTAB) continues to strictly enforce its rule that "parties are not permitted to raise new arguments at oral hearing," including in situations where the "new" arguments are provided as a direct…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

DOJ Antitrust Head Remains Focused on Health Care in Era of Consolidation

Speaking at an industry conference on November 13, U.S. Assistant Attorney General Bill Baer reiterated the government’s focus on competition concerns in the health care industry. According to Baer, head of the Department of…more
| Antitrust & Trade Regulation, Consumer Protection, Health, Mergers & Acquisitions

Important Updates for E-Verify Employers

Effective January 1, 2016, E-Verify employers in California face new penalties for misuse of E-Verify. Other updates to E-Verify include a data purge on January 1 as well as system enhancements to assist E-Verify administrators…more
| Immigration Law, Labor & Employment Law

A Snapshot of New SEC Crowdfunding Rules

At the end of October 2015, the Securities and Exchange Commission finally passed new federal crowdfunding rules. Crowdfunders will have to wait until April 2016, when the new rules "go live," to raise funds. Here are four key…more
| Business Organizations, Communications & Media Law, Finance & Banking, Securities Law

FDA Requests Comments on Use of Term "Natural" on Food Labeling

After years of litigation and controversy around use of the term "natural" on food labels, the U.S. Food and Drug Administration (FDA) is now seeking comments on the issue. This action has important implications for companies…more
| Administrative Law, Communications & Media Law, Consumer Protection, Products Liability

New Rule Permits Hospitals to Subsidize Physician Employees

A new 2016 Medicare physician payment rule allows hospitals and other provider institutions to make payments to physicians for the purpose of enabling them to employ nonphysician practitioners, such as nurse practitioners and…more
| Health

Words Hurt: FTC Challenges Proposed Hospital Merger Using Parties’ Own Statements

The Federal Trade Commission (FTC or Commission) authorized action on November 6 to block the proposed merger of two hospitals located in Huntington, West Virginia. The FTC issued an administrative complaint alleging that the…more
| Antitrust & Trade Regulation, Consumer Protection, Health, Mergers & Acquisitions

FTC Gives Mixed Review of South Carolina’s Nurse Supervision Proposal

The Federal Trade Commission (FTC or Commission) submitted written comments on November 2nd to South Carolina’s state legislature on the competitive impact of proposals to modify the supervision requirements for advanced…more
| Antitrust & Trade Regulation, Health

Early Returns: Browning-Ferris and the Expanding Employment Relationship

On August 27, 2015, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries of California, 362 NLRB No. 186, reworking the standard for joint employment under the National Labor Relations Act…more
| Labor & Employment Law

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and…more
| Education, Immigration Law, Labor & Employment Law

Managing Project Risk With Enforceable Indemnity Agreements

Most contracts in the construction industry supply chain require the “downstream” project participant to indemnify those “upstream” against a spectrum of losses or claims relating to the project. Upstream participants, such as…more
| Commercial Law & Contracts, Construction Law, Insurance

Data Subject Access Requests

A number of individuals made a data subject access request (DSAR) to a law firm for disclosure of all data held about them. It was accepted that the DSAR was made in the context of litigation, with a view to obtaining early…more
| Civil Procedure, Electronic Discovery, Labor & Employment Law

Integration Into a Group Company Can Trigger TUPE

In Ferreira da Silva e Brito v Estado portuges (C-160/14), the European Court of Justice (ECJ) considered whether there had been a “transfer of a business” and therefore whether the Portuguese equivalent of TUPE applied…more
| Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions
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