McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

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

FDA Issues Draft Guidance on Communications Over Internet and Social Media Platforms

On June 17, 2014, the U.S. Food and Drug Administration (FDA or the Agency) issued two draft guidance documents, providing recommendations for two types of communication over internet and social media platforms. The first…more
| Administrative Law, Communications & Media Law, Consumer Protection, Health, Science, Computers, & Technology

New Ukraine-Related Sanctions Imposed on Russian Interests

On July 16, 2014, the Obama Administration responded further to developments in Ukraine by imposing another new round of sanctions on Russian, Ukrainian and Crimean parties. Importantly, for the first time, the United States…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, Finance & Banking, International Law & Trade

District Court Pares Down Price Discrimination Suit Against Chrysler

On July 11, 2014, the Northern District of California dismissed one of two federal antitrust claims brought against Chrysler Group LLC under the Robinson-Patman Act, 15 U.S. C. § 13, as well as several state statutory and common…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

FTC Promotes Competition Among Professionals Through Advocacy, Enforcement

On July 16, 2014, Andrew Gavil, Director of the Office of Policy Planning at the Federal Trade Commission (FTC), testified on the subject of “Competition and the Potential Costs and Benefits of Professional Licensure” before the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Health

CMS Proposes Update to 2015 Home Health Prospective Payment System for Comment

The Centers for Medicare & Medicaid Services (CMS) published its proposed update of the Medicare home health prospective payment system (HH PPS) rates for calendar year (CY) 2015 in the July 7, 2014 Federal Register. In…more
| Health

Focus on Private Equity - July 2014

In This Issue: - Latin American Private Equity on the Rise - Tax Considerations When Acquiring Non-U.S. Portfolio Companies—Mitigating Subpart F Inclusions - Private Equity Funds at Higher Risk of Antitrust…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust Reviews

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the customers…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Government Contracting

New York’s Revised Nonresident Audit Guidelines: A Tool for Taxpayers?

On June 18, 2014, the New York State Department of Taxation and Finance (Department) published a revised version of its Nonresident Audit Guidelines (Audit Guidelines). The Audit Guidelines are (and have been) issued by the…more
| Civil Procedure, Taxation

Focus on Regulatory Law - July 2014

In This Issue: - Regulation Authorities ..French Competition Authority ..Securities and Market Authority ..Audiovisual Council ..Authority for the Regulation of Electronic Communications -…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Energy & Utilities, Securities Law

Federal Circuit Orders Stay Pending Completion of CBM Review

Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Commission Publishes White Paper on Minority Shareholdings

Under the current Council Regulation (EC) No 139/2004 (the Merger Regulation), the Commission is only able to review transactions that lead to a change of control. The Commission also has the power to review existing minority…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, International Law & Trade, Securities Law

Supreme Court: FDCA Compliance Does Not Bar Lanham Act Claims

POM Wonderful LLC v. Coca-Cola Co. - In a unanimous decision, the Supreme Court of the United States reversed the U.S. Court of Appeals for the Ninth Circuit ruling that the Food, Drug, and Cosmetic Act (FDCA) and its…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Products Liability

D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms"

AF Holdings v. Does et al. - Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called “copyright trolls” who subpoenaed internet…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Inferring Trade Secret "Use" Based on the Potential for Harm

Aspen Tech., Inc. v. M3 Tech., Inc. - Addressing the question of what constitutes “use” of a trade secret absent direct evidence, the U.S. Court of Appeals for the Fifth Circuit upheld the jury’s finding of trade-secret…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

MiLoG verabschiedet: Auswirkungen auf Arbeitszeitkonten und Wertguthaben

Auch der Bundesrat hat nun zugestimmt: Das Gesetzespaket zum Thema Mindestlohn ist damit verabschiedet. Dennoch bleiben Fragen für die Praxis, beispielsweise wie sich der Mindestlohn mit Arbeitszeitkonten und Wertguthaben…more
| Labor & Employment Law
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