McDermott Will & Emery

Massachusetts DOR May Lose Staff This Summer

The Massachusetts Department of Revenue (DOR) likely will have significantly less employees starting July 1, 2015, due to a Massachusetts employee retirement incentive program. Governor Charlie Baker recently signed legislation…more
| Administrative Law, Labor & Employment Law, Taxation

CMS Releases Broad Data on Prescribing Patterns of Physicians and Providers Under Medicare Part D

In a highly anticipated and scrutinized decision, the Centers for Medicare & Medicaid Services (CMS) released a new public data set on April 30, 2015, that includes detailed data regarding the prescribing patterns of physicians…more
| Health, Science, Computers, & Technology

FTC Approves Final Order with AmeriFreight: Websites Must Disclose Endorsements

Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company posted customer reviews on its website while failing to disclose that it had…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Transportation

Data Breach Insurance: Does Your Policy Have You Covered?

Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically provide…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Insurance, Science, Computers, & Technology

IRS Issues Q&As on Information Reporting under Code Section 6055 and 6056

Thursday, the U.S. Internal Revenue Service issued new Questions & Answers regarding the Affordable Care Act’s reporting rules under Code Section 6055 and 6056. The categories under the guidance include: Basics of the…more
| Labor & Employment Law, Health, Taxation

Top Antitrust Enforcers Respond to Congressional Questioning

Federal Trade Commission (FTC) Chairwoman Edith Ramirez and Assistant Attorney General William Baer testified before the House Committee on the Judiciary’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law on May…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Elections & Politics, Mergers & Acquisitions, International Law & Trade

GSE Guidelines for Modifications to PV Plants

On 1 May 2015, the Gestore dei Servizi Energetici (GSE) published the Regole per il mantenimento degli incentivi in Conto Energia (the guidelines). This is a set of guidelines for the implementation and communication of…more
| Energy & Utilities

U.S. Supreme Court’s Wynne Decision Calls New York’s Statutory Resident Scheme into Question

On May 18, the U.S. Supreme Court issued its decision in Comptroller of the Treasury of Maryland v. Wynne. In short, the Court, in a five-to-four decision written by Justice Alito, handed the taxpayer a victory by holding that…more
| Civil Procedure, Constitutional Law, Taxation

Illinois Circuit Court Dismisses Challenge to Retained Job EDGE Credits

Corporations with Illinois Economic Development for a Growing Economy (EDGE) credit agreements giving credit for retained jobs can breathe a sigh of relief: The litigation challenging the state’s ability to grant EDGE credits…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Taxation

Nearly Expired Is Not the Same as Expired: The Board Clarifies Claim Construction Standards for Inter Partes Review - Apple, Inc. v. PersonalWeb Techs., LLC

Addressing the standard to be applied for claim construction during inter partes review (IPR) proceedings, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) declined to create an…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Facts Govern Real Party-in-Interest Determinations - TRW Automotive US LLC v. Magna Electronics Inc.; Paramount Home Entertainment Inc. v. Nissim Corporation

Addressing the real-party-in-interest (RPI) requirement of 35 U.S.C. § 312(a) in two separate proceedings, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) emphasized the fact-dependent…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

New Amendments to USPTO Post-Grant Regulations

On May 19, 2015, the United States Patent and Trademark Office (USPTO) issued a final rule amending its regulations that apply to post-grant proceedings. These new rules deal with ministerial changes such as increasing page…more
| Administrative Law, Intellectual Property

Supreme Court Acknowledges Fiduciaries Have Continuous Duty to Monitor Plan Investments, Remove Imprudent Investments

On May 18, 2015, the Supreme Court of the United States issued its opinion in the Tibble v. Edison Int’l, 575 U.S. ___ (2015) case, finding that the U.S. Court of Appeals for the Ninth Circuit erred in applying the six-year…more
| Finance & Banking, Insurance, Securities Law

Shipping Executive Acquitted of Antitrust Charge

On May 8, 2015, a jury in Puerto Rico acquitted Thomas Farmer (Farmer), the former vice president of price and yield management for Crowley Liner Services, Inc., of conspiring to suppress and eliminate competition in violation…more
| Antitrust & Trade Regulation, Business Torts, Criminal Law, Government Contracting

IPR Privity Analysis Includes Post-Complaint Period - VMWare, Inc. v. Good Technology Software, Inc.

Clarifying the privity requirement for inter partes review (IPR) petitions, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) explained that privity should be determined looking at the time…more
| Administrative Law, Intellectual Property, Mergers & Acquisitions, Science, Computers, & Technology
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