McDermott Will & Emery

Expanding Capacity for Health Outcomes (ECHO) Act Requires Exploration of Digital Health Opportunities

On December 6, 2016, the US House of Representatives passed the Expanding Capacity for Health Outcomes Act (S. 2873) (the ECHO Act), which was unanimously passed by the US Senate on November 29, 2016. The ECHO Act seeks to…more
| Health, Science, Computers, & Technology

Supreme Court to Hear Church Plan Litigation

On December 2, 2016, the Supreme Court of the United States granted the petitions for writs of certiorari to Advocate Health Care, et al. v. Stapleton, Maria, et al., St. Peter’s Healthcare, et al. v. Kaplan, Laurence and…more
| Civil Procedure, Labor & Employment Law, Taxation

Second Court of Appeals Win for State Street Bank in $200 Million Chrysler “Top Hat Plan” Class Action

“Top hat plans” have many attractive features, but a new court decision is a reminder that top hat plan participants have limited protections under ERISA – and that assets held in a rabbi trust are not protected from the claims…more
| Bankruptcy, Labor & Employment Law

Changes to Chile’s Competition Law

Chile has amended its Competition Law to “consolidate [its] leadership as a sophisticated agency in Latin America.” The amendments, which were published in a new law on 30 August 2016, include the introduction of mandatory…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions

Final Response to Non-Dom Consultation Published

The UK government has released its final response to the further consultation on reforms to the taxation of non-UK domiciliaries (non-doms), together with some draft legislation that will take effect from 6 April 2017. As well…more
| International Law & Trade, Real Estate - Residential, Taxation

Overview of the Proposed Reforms of the EU Merger Control Regime

In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for refinement, improvement and simplification…more
| International Law & Trade, Mergers & Acquisitions

CMS Releases Plan for Expanded Monitoring of Medicare Advantage and Part D Appeals and Grievances

In Depth - The Centers for Medicare & Medicaid Services (CMS) recently announced that it will monitor—beginning in January 2017—Part C and D appeals timeliness on an industry-wide basis. Under this initiative, all Medicare…more
| Health

US Supreme Court to Review Patent Exhaustion Doctrine

On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to…more
| Civil Procedure, Intellectual Property

International News: Focus on International Dispute Resolution

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Health, International Law & Trade, Mergers & Acquisitions

Corporate Law & Governance Update - December 2016

EMPHASIS ON DIRECTOR EDUCATION - The board development committee may wish to reconsider its director education program for 2017 following two recent and unrelated developments. The first is a greater articulation of…more
| Business Organizations, Elections & Politics, Nonprofit Law, Privacy

Managing the Transition to Transformation: Alternative Payment Systems: Evolving Compliance Challenges

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
| Health

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Termination of Distribution Agreement Does Not Affect Licenses to Cloud-Based Access

After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit affirmed the district court’s decision that…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

“Who’s on First?” Routine in Broadway Play Strikes Out as Transformative Fair Use

The US Court of Appeals for the Second Circuit determined that a Broadway play’s verbatim use of William “Bud” Abbott and Lou Costello’s “Who’s on First?” comedy routine was not a transformative fair use, but nonetheless…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

11th Circuit Shoots Down Firearms Retailer’s Appeal in Trademark Infringement Case

Addressing issues of priority and secondary meaning, the unlawful use defense and the right to jury trial, the US Court of Appeals for the 11th Circuit affirmed a district court’s judgment in favor of a firearms manufacturer in…more
| Civil Procedure, Intellectual Property
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