McDermott Will & Emery

The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the…more
| Commercial Law & Contracts

Structuring Private Equity Deals in 2017: Considerations for Buyers While They Wait for the Sun Capital Appeals to Play Out

Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund has been analyzed extensively over the past four years, as it has made its way from the US District Court for the District of Massachusetts…more
| Business Organizations, Civil Procedure, Finance & Banking, Labor & Employment Law, Securities Law

The LATEST: FTC “Second Requests” to be Narrower in Scope under Ohlhausen’s Leadership

Transactions that meet the Hart-Scott-Rodino thresholds for notification must be reported to the Federal Trade Commission (“FTC”) and Department of Justice. Where a notified transaction raises competition concerns, the reviewing…more
| Antitrust & Trade Regulation, Mergers & Acquisitions

THE LATEST: Employee “No-Poaching” Agreements Remain in the Antitrust Crosshairs

There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees. In addition, the Department of Justice (DOJ) Antitrust Division made a splash a few months…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Franchise Law, Labor & Employment Law

The Challenges of the Trump Administration’s Vow to “Repeal and Replace” the Affordable Care Act

In the presentation “ACA Repeal/Replace Under the Trump Administration,” Susan Nash discusses the implications of President Trump and the GOP’s immediate vow to “repeal and replace” the Affordable Care Act (ACA), which was…more
| Elections & Politics, Health, Labor & Employment Law

Another Effort at False Claims Act Reform: Bills Introduced to Amend Illinois Act to Restrict Tax-Related Claims

Illinois Legislators have recently introduced three bills that would amend the Illinois False Claims Act (“Act”) to restrict the ability to bring tax-related claims. Senate Bill 9, the proposed “grand bargain” to resolve…more
| Taxation

Higher Mitigation of Fines Due to Prompt Implementation of Measures Addressing Authority’s Concerns in Unfair Commercial Practices Investigations

In a decision published on 10 February 2017, imposing Samsung Electronics Italia S.p.A. (“Samsung”) fines totaling € 3.1 million for alleged aggressive unfair commercial practices, the Italian Competition Authority (the…more
| Antitrust & Trade Regulation, Consumer Protection, International Law & Trade, Science, Computers, & Technology

President Trump Issues Executive Order Aimed at Reducing Regulation and Controlling Regulatory Costs

On January 30, 2017, President Trump issued Executive Order No. 13771, entitled “Reducing Regulation and Controlling Regulatory Costs.” A link to Executive Oder 13771 appears here. The Order provides..…more
| Administrative Law, Elections & Politics

Corporate Law & Governance Update - February 2017

THE #1 FIDUCIARY DUTY ISSUE OF 2017 - Positioning boards to exercise heightened engagement within the current “climate of uncertainty” is possibly the most important health system governance challenge of 2017. To adequately…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Health, Nonprofit Law

FDA 2016 Year in Review

The enactment of the 21st Century Cures Act signaled the close of a multi-year bipartisan effort on Capitol Hill to grant the US Food and Drug Administration (FDA) new authorities to expedite product development and reform…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

The TTB Proposes New Definition of Hard Cider

On January 23, 2017 the Alcohol & Tobacco Tax & Trade Bureau (TTB) published a Temporary Rule and a Notice of Proposed Rulemaking (NPRM) related to the new definition of hard cider. Congressional action required a new definition…more
| Consumer Protection, Taxation

Trademarks, Trade Names Not Protected by Bankruptcy Law, but Licensee Rights Prevail

Addressing a circuit split over a trademark licensee’s rights following a debtor/licensor’s bankruptcy, the US Bankruptcy Appellate Panel (BAP) for the First Circuit held that, although trademarks and trade names are not…more
| Bankruptcy, Civil Procedure, Intellectual Property

No Family!Family! of Marks for Little Caesars

The Trademark Trial and Appeal Board (TTAB) explained that an applicant’s evidence of a family of marks can be used to help prove acquired distinctiveness for a new member of that family, but held that the applicant failed to…more
| Intellectual Property

Federal Circuit Instructs TTAB to Revisit Software Services as Evidence of Use

On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit reviewed the issue of trademark use in commerce and, more specifically, the extent to which certain services can be…more
| Intellectual Property, Science, Computers, & Technology

Sixth Circuit Drops the Beat: Social Media Relevant in Determining Likelihood of Confusion

The US Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment, holding that the plaintiff provided insufficient evidence to find that relevant consumers were likely to confuse the sources of his and the…more
| Art, Entertainment, & Sports Law, Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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