McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

  • +1 312 372 2000
  • +1 312 984 7700

Agencies Sign New Cooperation Agreement with Colombia

The Department of Justice (DOJ) Antitrust Division announced on September 16 that the DOJ and Federal Trade Commission (FTC) have entered into a new antitrust cooperation agreement with Colombia’s Superintendence of Industry and…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

French Supreme Administrative Court Rules on the Procedure for Returning Artworks Looted by the Nazis

After World War II, works of art suspected of having been stolen by the Nazis were listed on a special registry called the Musées Nationaux Récupération (MNR registry), and stored in French museums until they could be returned…more
| Administrative Law, Art, Entertainment, & Sports Law, International Law & Trade

EPA Proposes to Eliminate Affirmative Defenses for Many Clean Air Act Violations

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on September 5, 2014 that would prevent states from including affirmative defenses in their Clean Air Act state implementation plans (SIPs) for emissions…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Energy & Utilities, Mergers & Acquisitions, International Law & Trade

France About to Embark on a Cookies Sweep Day

Impending sweep day to verify compliance with guidelines on cookies - During the week of September 15–19, 2014, France’s privacy regulator, the Commission Nationale de l’Informatique et des Libertés (CNIL), is organizing…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

China’s NHFPC issues Opinions on Promotion and Administration of Telemedicine Services

In recent years, China’s central government has made substantial investments to support the development of telemedicine. According to statistics from the National Health and Family Planning Commission (NHFPC), there were 2,057…more
| Health, International Law & Trade, Science, Computers, & Technology

340B Federal Drug Pricing Program September Update: Self-Disclosures

As part of its ongoing series of monthly 340B Federal Drug Pricing Program (340B Program) integrity updates, the Health Resources and Services Administration (HRSA) Office of Pharmacy Affairs (OPA) released an update on…more
| Health, Science, Computers, & Technology

Schadensersatz für verfallenen Urlaub auch ohne Urlaubsantrag

Arbeitgeber sind verpflichtet, Urlaubsansprüche ihrer Mitarbeiter nach dem Bundesurlaubsgesetz von sich aus - das bedeutet auch ohne Urlaubsantrag - zu erfüllen. Dies hat das LAG Berlin-Brandenburg entgegen der…more
| Labor & Employment Law

Employer Shared Responsibility Payments and Reporting Requirements Under the Affordable Care Act: Code Sections 6055 and 6056

Employer Shared Responsibility Penalties - There are two types of employer shared responsibility payments, also known as pay or play penalties, under the Affordable Care Act (ACA). The first penalty under Internal…more
| Labor & Employment Law, Health, Taxation

The Importance of an Effective Compliance Program

On September 9, 2014, Brent Snyder, Deputy Assistant Attorney General of the U.S. Department of Justice Antitrust Division, provided prepared remarks on the subject of “Compliance is a Culture, Not Just a Policy,” before the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

Illinois Enacts Legislation Imposing a Self-Procurement Tax While Also Narrowing the Industrial Insured Exception for Transacting Nonadmitted Insurance

Illinois will soon begin taxing self-procured insurance premiums for the first time, as required by Senate Bill 3324, now Public Act 98-0978 (the Act). The Act, which was signed into law by Governor Quinn on August 15, was…more
| Insurance, Taxation

Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty”

Sabatino Bianco, M.D., v. Globus Medical, Inc. - Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held…more
| Civil Remedies, Business Torts, Intellectual Property

Greetings! Use of the PowerPoint Is Trade Secret Misappropriation

Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC - The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s decision holding that a private equity firm had misappropriated confidential information…more
| Finance & Banking, Business Torts, Intellectual Property

Copying Is Not the Ultimate Test for Copyright Infringement

Paycom Payroll, LLC v. Richison - Copying alone is insufficient to establish copyright infringement, according to the U. S. Court of Appeals for the Tenth Circuit. In an infringement action involving computer software,…more
| Business Torts, Intellectual Property, Science, Computers, & Technology

Better Describe Trade Secret If You Want to Protect It

New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. - In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction for…more
| Business Torts, Intellectual Property
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