McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

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IRS Permits Puerto Rico-Qualified Plans in U.S. Group Trusts, Extends Deadline for Certain Puerto Rico Spin-Offs

The U.S. Internal Revenue Service (IRS) recently issued Revenue Ruling 2014-24, which expressly permits retirement plans that are tax qualified only in Puerto Rico (Puerto Rico-only plans) to continue to pool assets with…more
| Labor & Employment Law, Finance & Banking, Taxation

Movants Face a High Bar to Succeed on Motions to Amend

Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd. - In response to a patent owner’s motion to amend its claims in an inter partes review (IPR) petition, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial…more
| Civil Procedure, Intellectual Property

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Transportation

Tennessee SaaS Ruling Highlights Telecommunications Concerns for SaaS Providers

The Tennessee Department of Revenue recently released Letter Ruling No. 14-05, in which it considered whether certain cloud collaboration services are subject to the state’s sales tax. At a high level, the provider’s services…more
| Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology, Taxation

PTAB Designates Two Recent Decisions as Informative

Garmin Int’l, Inc., et al. v. Cuozzo Speed Technologies LLC; Idle Free Systems, Inc. v. Bergstrom, Inc. - The Patent Trial and Appeal Board (Board) recently designated as “informative” two decisions earlier released from…more
| Civil Procedure, Electronic Discovery, Intellectual Property

S.D.N.Y. Dismisses Cotton Traders’ § 1 Claims Under Copperweld

On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act (CEA) and Sherman Act claims brought against Louis Dreyfus Commodities B.V. and its affiliates in In re Term Commodities Cotton…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Pflegestärkungsgesetz: Gesetzentwurf zur Familienpflegezeit verabschiedet

Das Kabinett hat am 15.10.2014 den Gesetzentwurf zum Pflegestärkungsgesetz zur besseren Vereinbarkeit von Familie, Pflege und Beruf vorgelegt. Das vom Bundesfamilien- und Bundesarbeitsministerium gemeinsam vorgelegte Gesetz soll…more
| Labor & Employment Law

The New EU Clinical Trials Regulation Aims at Harmonization and Transparency

On June 16, 2014, Reg. (EU) No. 536/2014 on Clinical Trials on Medicinal Products for Human Use (Regulation) has entered into force. Once it becomes applicable, the Regulation will provide a comprehensive legal framework for…more
| Health, International Law & Trade, Science, Computers, & Technology

Motions to Amend Hard to Come By

Zodiac Pool Systems, Inc. v. Aqua Products, Inc. - In a Final Written Decision the Patent Trial and Appeal Board (PTAB) found all instituted claims unpatentable and denied patent owner’s motion to amend claims. Zodiac…more
| Civil Procedure, Intellectual Property

Supreme Court’s 2014-15 Term: Antitrust Case May Impact the Activities of Alcohol Industry Public/Private Organizations

On October 14, 2014, the United States Supreme Court heard oral argument in a case that could have significant implications for hybrid public/private “regulatory” bodies. Many such bodies, like state and local wine commissions,…more
| Antitrust & Trade Regulation, Civil Procedure, Health

IRS Releases Highly Anticipated Cash Balance Plan Regulations

The U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) recently released long-awaited final regulations (the Final Regulations) with respect to market rates of return and related Pension Protection Act…more
| Labor & Employment Law, Finance & Banking, Taxation

Local Wholesaler-Retailer Dispute Has Federal Implications

On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

CBM Review Cannot Proceed if Petitioner Filed Civil Suit Challenging Patent’s Validity Prior to Filing Review Petition

SecureBuy LLC v. Cardinal Commerce Corp. - Addressing the circumstances under which a Covered Business Method (CBM) patent review may proceed, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board…more
| Civil Procedure, Civil Remedies, Intellectual Property

First Final CBM Decision Invalidates Patent Under § 101

U.S. Bancorp v. Retirement Capital Access Management Co. - In the first final written decision issued in a Covered Business Method (CBM) proceeding, the Patent Trial and Appeal Board (PTAB, the Board) ruled that it has…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Weighs in on Deadline for Filing FTC Refund Claims

On September 19, 2014, the U.S. Court of Federal Claims issued its opinion in Albemarle Corp. v. United States, No. 12-184T, holding that it lacked jurisdiction over the taxpayer’s claim for refunds based on foreign tax credits…more
| Civil Procedure, Commercial Law & Contracts, International Law & Trade, Taxation
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