McDermott Will & Emery

Recent Revisions to Internal Revenue Code Affecting Alcohol Beverages

In December 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). The PATH Act amends several provisions of the Internal Revenue Code of 1986 (IRC) administered by the Alcohol and…more
| Business Organizations, Elections & Politics, Finance & Banking, International Law & Trade, Taxation

Illinois Supreme Court “Upgrades” Willful Misconduct Requirements in Unemployment Cases

The longstanding statutory definition of “willful misconduct” that would disqualify an unemployment insurance claimant has been “the deliberate and willful violation of a reasonable rule or policy of the employing unit,…more
| Civil Procedure, Labor & Employment Law

Drug Testing Company Settles FTC Case Alleging Invitation to Collude

The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an administrative case that alleged DTC Group had invited a competitor to collude with…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Consumer Protection, Science, Computers, & Technology

Illinois Appellate Court Upholds Finding of Consumer Fraud Act Violation in Sales Tax Overcollection Case

The Illinois Appellate Court recently affirmed a finding for a plaintiff individual, upholding the circuit court’s conclusion that defendant Sears, Roebuck and Co. (Sears) violated the Consumer Fraud and Deceptive Business…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking, Taxation

It Ends Not with a Bang but a Whimper - Commil USA, LLC v. Cisco Systems, Inc.

The patent case between Commil and Cisco, a case that made new law at the Supreme Court on the issue of the intent requirement in cases of induced infringement allegations, came to an end with a whimper on remand back to the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

What Is the Printed Matter Doctrine? - In re DiStefano

The U.S. Court of Appeals to the Federal Circuit addressed the obscure “printed matter doctrine,” concluding that a claim limitation should be considered as printed matter only if the claim pertains exclusively to the content of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

French Class Action Law Has Less Impact Than Expected

Since the entry into force on 1 October 2014 of the provisions of the “Hamon” law of 17 March 2014, which introduced class actions into French law in relation to consumer and competition law matters, only six class actions have…more
| Antitrust & Trade Regulation, Business Organizations, Civil Procedure, Consumer Protection, International Law & Trade

Preview of Medicare Advantage and Part D Advance Notice and Call Letter: CMS Likely to Address Risk Adjustment, Provider Network, and Other Issues

The federal government will soon kick off the all-important annual sub-regulatory cycle for the Medicare Advantage (MA) and Part D programs, issuing proposed policy changes and payment rates for calendar year (CY) 2017. The…more
| Health

Massachusetts Department of Revenue Introduces Pilot Voluntary Disclosure Program

The Massachusetts Department of Revenue (the Department) released a draft administrative procedure introducing a pilot Voluntary Disclosure Program (the Program) for the settlement of uncertain tax issues for business taxpayers…more
| Business Organizations, Taxation

Lowering the Bar for Irreparable Harm: Infringing Feature Need Not Be the Exclusive Driver of Consumer Demand - Apple Inc. v. Samsung Elecs.

How does a patent owner prove it has been irreparably harmed when the protected feature is only a small part of an infringing device? The U.S. Court of Appeals for the Federal Circuit answered that question in the ongoing IP…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

What Must Be Done for Wind and Solar Projects to Have “Begun Construction” under the New PTC and ITC?

With the recent extension of the federal income tax credits available for renewable energy projects, practitioners and industry participants have raised questions as to how the “begun construction” rules will apply under these…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

There Is More than One Way to Slice the Apportionment Analysis - Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc.

Addressing the application of the smallest salable patent-practicing unit analysis, as well as the impact of a patent’s standards essential status on apportionment and the relevance of prior licenses between the parties, the…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

The Department of Labor Issues the Most Expansive Definition Yet of Joint-Employer Status

In its first major guidance of 2016, the U.S. Department of Labor (DOL) has issued a definition of joint-employer status under the Fair Labor Standards Act (FLSA) that is even broader than the definition of joint-employer status…more
| Commercial Law & Contracts, Labor & Employment Law

No Second Life for Fetal Test - Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc., et al.

By a poll of active justices, the U.S. Court of Appeals for the Federal Circuit denied a petition for an en banc rehearing of Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc. et al. and issued two concurrences and one dissent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Petitioners: Put All Needed Evidence in Your Petition - Redline Detection, LLC v. Star Envirotech, Inc.

Addressing the rules governing admissibility of supplemental information during an inter partes review (IPR) proceeding, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the Patent Trial and Appeal…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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