McDermott Will & Emery

When Applying Alice, Evaluate the Invention as a Whole

Addressing for the first time eligibility issues under 35 USC § 101 for a method of preserving organ cells, the US Court of Appeals for the Federal Circuit reversed the district court’s ruling that the claims were directed to a…more
| Intellectual Property, Science, Computers, & Technology

First Application of Supreme Court’s Halo Willfulness Framework

In its first post-Halo decision on willful infringement, the US Court of Appeals for the Federal Circuit unanimously affirmed the district court’s award of enhanced damages in WBIP LLC v. Kohler Co., Case Nos. 15-1038; -1044…more
| Civil Procedure, Civil Remedies, Intellectual Property

En Banc Court Ties On-Sale Bar to Commercial Sale in Accordance with Uniform Commercial Code

In a unanimous en banc decision, the US Court of Appeals for the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the “on-sale bar” of 35…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

BREAKING NEWS: Discussion Draft of Online Sales Simplification Act of 2016 Released

On August 26, 2016, the Chairman of the House Judiciary Committee, Rep. Goodlatte from Virginia, released the long-anticipated discussion draft of the Online Sales Simplification Act of 2016. Highlights of the bill include..…more
| Elections & Politics, Taxation

Advantages of Using ESOPs To Structure Acquisitions and Divestitures In An Uncertain Economy

M&A advisors are becoming increasingly familiar with leveraged ESOP transactions and are routinely considering the ESOP platform in structuring acquisitions and divestitures. The first part of this article references the ways…more
| Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions, Securities Law

Massachusetts Legislation Spurs Offshore Wind Power Development

On August 8, 2016, Massachusetts Governor Charlie Baker signed into law a major energy bill aimed at putting Massachusetts at the forefront of states developing offshore wind power. The law, An Act Relative to Energy Diversity…more
| Energy & Utilities, Environmental Law, Government Contracting

Augmented Reality

If you haven’t heard about newest gaming craze yet, it’s based on what is called “augmented reality” (AR) and it could potentially impinge on your home life and workplace as such games allow users to “photograph” imaginary items…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, Personal Injury, Privacy

Changes To The Taxation Of Termination Payments

Summary - The government has published its response to feedback received on its proposals to simplify the taxation of termination payments, expected to come into force in April 2018. The following table sets out the…more
| Labor & Employment Law, Taxation

Michigan Health Insurance Claims Assessment Act is Not Preempted by ERISA

The Sixth Circuit, has decided, on remand from the Supreme Court, that the Michigan Health Insurance Claims Assessment Act (Act) is not preempted by ERISA. The Act imposes a 1 percent tax on all paid claims by insurers or third…more
| Civil Procedure, Conflict of Laws, Health, Insurance, Labor & Employment Law

Non-Dom Reforms Update – United Kingdom

Summary - Following the United Kingdom’s vote to leave the European Union on 23 June, and the change of Prime Minister and to the UK Government, there was significant uncertainty regarding what would happen to the proposed…more
| Immigration Law, International Law & Trade, Taxation

Korea Quarterly - August 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators…more
| Alternative Dispute Resolution (ADR), Business Organizations, Criminal Law, Intellectual Property, International Law & Trade

Affordable Care Act Compliance: IRS Releases Draft 2016 Employer Reporting Forms and Instructions

The Internal Revenue Service recently issued revised draft Forms 1094-C and 1095-C and related instructions for use for the 2016 reporting year. …more
| Health, Labor & Employment Law, Taxation

FDA Issues Final Rule on Food Ingredients that May Be Generally Recognized as Safe (GRAS)

The US Food and Drug Administration (FDA) has issued this final rule detailing the criteria for concluding that the use of a substance in human or animal food is “generally recognized as safe” (GRAS). By way of background, if…more
| Consumer Protection, Products Liability

Managing the Transition to Transformation: Provider/Payor Integration: 2016 Is Not the 1990s

McDermott’s Managing the Transition to Transformation series is designed to help health systems and other health care industry leaders address the many challenges presented by the transformation in payment and care delivery…more
| Business Organizations, Health, Mergers & Acquisitions

HHS Proposes Administrative Dispute Resolution Process for 340B-Related Claims

On August 12, 2016, the US Department of Health and Human Services (HHS) Health Resources and Services Administration issued a notice of proposed rulemaking that establishes an administrative dispute resolution process for…more
| Administrative Law, Civil Procedure, Health, Science, Computers, & Technology
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