McDermott Will & Emery

Federal Court Finds That 2015 TCPA Safe Harbor Applies to Automated Flu Shot Reminders

A recent decision from a federal court in California found that a retail pharmacy’s “flu shot reminder” calls to mobile phones fall within the FCC’s TCPA safe harbor for exigent health care treatment messages. But the holding is…more
| Communications & Media Law, Consumer Protection, Health, Privacy, Science, Computers, & Technology

Digital Tax Update – Local Edition

After the highly publicized administrative lease transaction and amusement tax expansions in Chicago last year, more cities around the country are taking steps to impose transaction taxes on the sale or rental of digital…more
| Communications & Media Law, Energy & Utilities, Science, Computers, & Technology, Taxation

Activation of Premium Services, The Italian Competition Authority Fines Telepass for Unfair Commercial Practices

On 20 October 2016, the Italian Competition Authority (the “Authority”) fined Telepass of EUR 200,000 for alleged unfair commercial practices. According to the Authority, Telepass would have activated a premium service (premium…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

UK CMA Imposes Behavioural Commitments akin to a Structural Divestment: The Sci-fi Magazines Case

Divestments often constitute the most appropriate remedy to resolve antitrust concerns in the context of merger control. However, behavioural commitments may also have the same commercial effects as a divestment. This was…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions

Illinois Appellate Court Delivers Another Blow to Relator in False Claims Act Litigation

On Monday, October 17, the Illinois Appellate Court issued another taxpayer-friendly opinion in an Illinois False Claims Act case alleging a failure to collect and remit sales tax on internet and catalog sales to customers in…more
| Civil Procedure, Taxation

Wellness Incentive Programs: Navigating Legal Landmines and Designing Effective Employee Communication Strategies

This year’s Employer Healthcare & Benefits Congress featured a presentation by Susan Nash that addressed the many shapes and sizes of wellness programs today. Programs are typically designed to promote health and to educate…more
| Civil Rights, Health, Labor & Employment Law

SCOTUS Asked to Hear Appeal Involving Constitutionality of Retroactive Tax Legislation

The Supreme Court of the United States has been asked to hear an appeal in a case involving the circumstances in which retroactive tax legislation will be constitutional. In Dot Foods, Inc. v. State of Washington Department…more
| Civil Procedure, Constitutional Law, Taxation

Cooperation in the Eye of the Beholder: DOJ Official Bill Baer Elaborates on Cooperation in False Claims Act and Other Civil Enforcement Matters

The law is uncertain. One example of this uncertainty is how the “Yates Memo” is to be applied in civil cases—in particular, what constitutes “cooperation” and how cooperation may benefit a company under investigation for False…more
| Civil Procedure, Commercial Law & Contracts

Affordable Care Act Whistleblower Complaint Procedures

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings…more
| Administrative Law, Health, Labor & Employment Law

Maintaining Retirement Plan Documents after Revenue Procedure 2016-37

At the 2016 Joint Fall CLE Meeting on October 1, 2016, Andrew Liazos presented on “Maintaining Retirement Plan Documents after Revenue Procedure 2016-37.” As an employer sponsoring a retirement plan, you are required by law…more
| Labor & Employment Law, Securities Law, Taxation

FTC Report on Patent Assertion Entities Recommends Patent Litigation Reform

On October 6, the Federal Trade Commission (FTC) released its report on patent assertion entity (PAE) activity. The report is the result of research that began in September 2014 to address a gap in the agency’s understanding of…more
| Antitrust & Trade Regulation, Civil Procedure, Intellectual Property

US Supreme Court Asked to Clarify the Interaction Between the 21st Amendment and the Commerce Clause

The Texas Package Stores Association has asked the US Supreme Court (via a “Petition of Certiorari”) to hear a case that could clarify the interaction between the 21st Amendment and the non-discrimination between states…more
| Conflict of Laws, Constitutional Law

Capital Markets & Public Companies Quarterly: Potential Shift in SEC’s Proxy Access No-Action Policy and Other New Guidance from an Active Q3

The third quarter of 2016 saw the US Securities and Exchange Commission (SEC) carry forward its momentum from an active second quarter. Recent developments include new SEC Compliance & Disclosure Interpretations (C&DI) and new…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

Iron Man Composer Battles Tech Giant Sony and Ghostface Killah

The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as to whether the song was commissioned as a work for hire. Jack Urbont v. Sony…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Change in LBO Valuation for HSR Purposes

The Federal Trade Commission (FTC) recently reversed its position on how to calculate the size-of-transaction for HSR purposes in connection with leveraged buyouts (LBOs). This change in position may result in more reportable…more
| Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions
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