Mintz Levin

Ringing Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016

We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year…more

Auto-Dialed Calls, Campbell Ewald v Gomez, Class Action, Declaratory Rulings, FCC

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FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers

In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband…more

Airlines, Aviation Industry, Broadband, Competitive Bidding, FCC

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How to Search Like an Examiner With the Scientific and Technical Information Center

The latest trend in patent examiner prior art searches is pushing examiners to use the Scientific and Technical Information Center (STIC) Program to use more foreign patents and foreign non-patent literature during patent…more

Foreign Patent Applications, Patent Litigation, Patent Ownership, Patents, Prior Art

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Federal Court Dismisses (Without Prejudice) CNA’s Cyber Insurance Lawsuit

We previously reported that CNA filed a lawsuit against its insured Cottage Health System seeking reimbursement of amounts that it previously paid under Cottage’s cyber liability insurance policy. On Friday, a federal district…more

CNA, Cyber Insurance, Mediation

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Back to School – Avoiding Theft of Data and Money via the “Business Email Compromise” Scam

The FBI warned this summer that the “Business Email Compromise” (“BEC”) scam continues to grow, evolve, and target businesses of all sizes. As reported by the FBI in June, the scam had hit more than 22,000 victims for a combined…more

Business E-Mail Compromise (BEC), Cyber Crimes, Cybersecurity, Data Breach, Data Protection

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: December 2015

Trends & Analysis - We have identified 24 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of the 24 cases, five were filed within the past year, seven were filed in 2014, three were…more

Anti-Kickback Statute, False Claims Act (FCA), False Statements, Medicaid, Medicare

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ACA Countdown to Compliance - 52 Week Series For Employers

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog during…more

ADA, Affordable Care Act, Cafeteria Plans, EEOC, Employer Group Health Plans

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Why No One is Talking About Derivation Proceedings

Someone stole your invention and filed for a patent on it? Derivation proceedings in the Patent Office may be an answer. The Leahy-Smith America Invents Act (AIA) amended 35 U.S.C. § 135 to replace interference proceedings with…more

America Invents Act, Derivation Proceeding, Patent Trial and Appeal Board, Patents, USPTO

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Failure to Explain Why Misappropriated Information is a Trade Secret May Lead to Dismissal of a DTSA Complaint With Prejudice

A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret protection…more

Confidential Information, Defend Trade Secrets Act (DTSA), Dismissal With Prejudice, Misappropriation, Trade Secrets

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March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the…more

Age Discrimination, Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force

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The Latest Keyword Advertising Battle: The 10th Circuit Finds No Infringement Based on Use of Another’s Trademark to Generate Sponsored Advertisements

Over the past few years, numerous trademark infringement suits have been filed over keyword advertising. Last month, the 10th Circuit weighed in on this subject, issuing a decision with broad implications. In 1-800 Contacts,…more

Google, Infringement, Keyword Advertising, Keyword Search, SEO

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Federal Circuit Invalidates Diagnostic Method Claims for Prenatal Test Under 35 U.S.C. 101

On June 12, 2015, the Federal Circuit affirmed the finding of U.S. District Court for the Northern District of California (“District Court”) that the method claims in U.S. Patent 6,258,540 (‘540 patent) for detecting…more

AMP v Myriad, Diagnostic Tests, DNA, Mayo v. Prometheus, Patent-Eligible Subject Matter

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Mintz TechConnect - December 2015

Letter from the Editors - Welcome to the second issue of Mintz Levin’s TechConnect — our bi-monthly newsletter on “all things technology” in the legal and business world, from our perspective, of course. This issue contains…more

B Corporation, Broadcasting, Corporate Social Responsibility, Crowdfunding, Cybersecurity Information Sharing Act (CISA)

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Massachusetts Bankruptcy Court Sends a Reminder on Avoiding the Substantive Consolidation Trap

There are numerous reasons why a company might use more than one entity for its operations or organization: to silo liabilities, for tax advantages, to accommodate a lender, or for general organizational purposes. Simply forming…more

Bankruptcy Court, Chapter 7, Debtors, Holding Companies, Limited Liability Company (LLC)

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Global Dossier Expanded To More Patent Applications Around the World

The U.S. Patent and Trademark Office (USPTO) announced this week that the Global Dossier program has expanded to include access to more patent applications worldwide. The public including applicants, patent holders, businesses…more

Global Dossier, Intellectual Property Protection, Patent Applications, Patent Cooperation Treaty, Patents

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House and Senate Leadership and Committee Assignments Announced

Senate President Stan Rosenberg and House Speaker Robert DeLeo announced this week their leadership teams and committee appointments for the 2017-2018 legislative session. Retaining the core of his leadership team for his…more

Assignments, Leadership, Legislative Agendas, Political Appointments, Senate Committees

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TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in…more

America Invents Act, Equity, Innovator Liability, Liquidity, PaaS

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Third-Party Protections In Mass Tort Chapter 11 Cases

A defendant facing thousands of mass tort lawsuits in federal and state courts throughout the country often will seek to address the litigation by seeking Chapter 11 relief under the Bankruptcy Code. The Chapter 11 process…more

Automatic Stay, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Liability Insurance

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California Update: New Laws Give Residential and Commercial Tenants Rights to Install EV Charging Stations and Streamline Residential Solar Permitting

Last month Governor Brown signed AB 2565, which gives residential and commercial tenants new rights to install electric vehicle (EV) charging stations, and AB 2188, which directs cities and counties to streamline permitting for…more

Auto Manufacturers, Automotive Industry, Commercial Leases, Commercial Tenants, Electric Vehicles

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2016 DC Metro Area Employment Law Year In Review

The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and…more

Employment Tax, Equal Pay, Hiring & Firing, Medical Leave, Minimum Wage

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An Arbitration Agreement That Attempts to Skew a Statutory Arbitration Scheme Is Void as Against Public Policy

Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement be held by a court to be void as against public policy? One answer from a…more

Arbitration, Arbitration Agreements, Medical Malpractice, Patients, Physicians

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CAFC Delivers Another Decision on Patentability of Myriad Patents

In Univ. of Utah Res. Foundation et al. v. Ambry Genetics Corp., No. 2014-1361 (Fed. Cir. Dec. 17, 2014), the Federal Circuit once again has weighed in on the patent eligibility of Myriad Genetics, Inc.’s patents related to…more

Ambry, AMP v Myriad, Genetic Materials, Myriad v Ambry, Patent Infringement

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Five things academic scientists should know when pursuing their first patent – Five-Part Series

Patent law has many surprises in store for academic scientists pursuing a patent for the first time. Many patent attorneys were once researchers just like you—we understand it can be intimidating. This blog series provides…more

FOIA, Patents

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Employers Hold Their Collective Breath re the Enforceability of “Class Action” Waivers in Arbitration Agreements — Supreme Court to Part the Clouds this Term

The Supreme Court is currently set to answer the question of whether employees must be permitted, if they choose, to pursue relief collectively in an arbitration proceeding. Is that “concerted activity” that is protected by the…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Employment Contract

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: April 2016

Trends & Analysis - ..We have identified 42 health care–related qui tam cases that have been unsealed in whole or in part since the cases covered in our last Qui Tam Update. Included in that count is one proceeding (the…more

Class Action, Corporate Integrity Agreement, Fraud, HIPAA, Qui Tam

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Health Care Enforcement Review and 2017 Outlook: Yates Memo in Action

Happy New Year! As we kick off 2017, our Health Care Enforcement Defense team brings you its annual review of key government policies, regulations, and enforcement actions in 2016, and the impact these trends are expected to…more

DOJ, Enforcement, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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FDA Issues Warning Letter to Corporate Sponsor of Clinical Trial

The U.S. Food and Drug Administration (FDA) does not frequently issue Warning Letters to corporate sponsors of FDA-regulated clinical trials, so the June 16, 2015, Warning Letter sent to AB Science, a pharmaceutical company with…more

Audits, Clinical Trials, FDA, Inspections, Pharmaceutical Industry

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New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more

Borrowers, CFTC, Dodd-Frank, End-Users, ISDA

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House and Senate Leadership and Committee Assignments Announced

Senate President Stan Rosenberg and House Speaker Robert DeLeo announced this week their leadership teams and committee appointments for the 2017-2018 legislative session. Retaining the core of his leadership team for his…more

Assignments, Leadership, Legislative Agendas, Political Appointments, Senate Committees

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Clean Edge 2014 Clean Energy Trends Report: Key Trends Emerging from 2013

We saw some key trends emerging and we are proud to be part of the Clean Edge 2014 Clean Energy Trends Report, released last week. The report highlights trends on the rise and provides a comprehensive glance back at 2013. Some…more

Clean Energy, Energy, Solar Energy

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OIG Publishes Online Portfolio Highlighting its Body of Work on Drug Pricing and Reimbursement

For several years now, the public outcry over the issue of drug pricing and reimbursement has increased in frequency and fervor. At least one government agency wants you to know that it has been listening and wants to help…more

Audit Reports, Drug Pricing, HHS, Medicaid, Medicare

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Monthly TCPA Digest - January 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

Class Action, Common Law Claims, Communications Act of 1934, Congressional Committees, FCC

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March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the…more

Data Collection, Data Security, Electronic Protected Health Information (ePHI), Employment Policies, Hackers

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TechConnect - Your Law Firm Link to Industry News - February 2016

As the Northeast begins (hopefully) to thaw out and we head into an early spring (so said the Groundhog), we are excited to deliver our new issue of TechConnect — our bimonthly newsletter on “all things technology” in the legal…more

Corporate Taxes, Drones, Private Equity, Protecting Americans from Tax Hikes (PATH) Act, Small Business

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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Can a Creditor’s Inaction Violate the Automatic Stay?

The filing of a bankruptcy case puts in place an automatic injunction, or stay, that halts most actions by creditors against a debtor. But can a creditor violate the automatic stay by not acting? The Tenth Circuit recently…more

Appeals, Automatic Stay, Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy

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Statutory Liens vs. Consensual Liens: Why it Matters and When it may Not

While secured creditors are entitled to special rights in bankruptcy, those rights may differ depending on whether creditors have a statutory or consensual lien on their collateral. This is primarily because section 552(a) of…more

Bankruptcy Code, Chapter 9, Debtors, Liens, Municipal Bankruptcy

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Five things academic scientists should know when pursuing their first patent – Five-Part Series

Patent law has many surprises in store for academic scientists pursuing a patent for the first time. Many patent attorneys were once researchers just like you—we understand it can be intimidating. This blog series provides…more

FOIA, Patents

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Obama Administration Outlines Religious Accommodations for Contraception Coverage Mandate

Last week, federal regulators released a Proposed Rule outlining accommodations for religious employers that object to the Affordable Care Act’s contraception coverage mandate. The Proposed Rule expands the range of employers…more

Affordable Care Act, Contraceptive Coverage Mandate, Exemptions, Reasonable Accommodation, Religious Institutions

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: January 2017

We have identified 30 health care–related qui tam cases that have been unsealed in whole or in part. Trends & Analysis - A substantial majority of the unsealed cases had been under seal for periods well in excess of…more

False Claims Act (FCA), Healthcare, Qui Tam, Whistleblowers

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Advice to Healthcare Providers on Ransomware from the Head of the FBI

On Wednesday, March 8, James B. Comey, Director of the FBI, was at Boston College to deliver the keynote address for the inaugural Boston Conference on Cyber Security (BCCS 2017). Director Comey addressed various industry,…more

Cyber Attacks, Cyber Threats, Cybersecurity, Health Care Providers, Malware

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Five Key Decisions for ACOs Looking to Participate in the 2015 MSSP

The Centers for Medicare & Medicaid Services (CMS) has announced the upcoming deadlines for the third round of new applications to the Medicare Shared Savings Program (MSSP). Accountable Care Organizations (ACOs) that…more

ACOs, Affordable Care Act, CMS, Healthcare

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Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their…more

Advertising, Basketball, March Madness, NCAA, Sports

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“GMO” Labeling Food Fight: How Vermont’s Act 120 Is Pressuring An Entire Industry

On July 1, 2016, Vermont’s Act 120 will require food manufacturers to indicate in the labeling of all products regulated by FDA when the food has been produced with the use of genetic engineering (GE). Unless Congress acts with…more

FDA, Food Labeling, Food Manufacturers, Genetically Engineered Seed, GMO

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What Questions Executives Should Be Asking About Their D&O Insurance Following The New DOJ Policies Issued Last Week

As was recently reported in the New York Times and elsewhere, the Justice Department issued new policies last week that place individual executives as the focus of their prosecution efforts, and encourage companies to cooperate…more

Board of Directors, C-Suite Executives, D&O Insurance, DOJ, Indemnification

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New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more

Borrowers, CFTC, Dodd-Frank, End-Users, ISDA

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Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - February 2017

A Note from the Editors - Our February edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. In Leaders in the News, we…more

Congressional Committees, Cybersecurity, Energy Efficiency, Energy Sector, Technology Sector

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Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less

A recent decision by the Court of Chancery of Delaware provides a reason to pause before agreeing to standard, boilerplate “material adverse change” clauses in purchase agreements. In Osram Sylvania, Inc. v. Townsend Ventures,…more

Attorney's Fees, Breach of Contract, MACs, Material Adverse Effects, Purchase Agreement

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Washington Outlook for 2015

In This Issue: - Introduction - Agriculture, Food Safety, and Nutrition - Appropriations, Budget, and Debt Ceiling - Defense and National Security - Education - Energy and Environment - Financial…more

Appropriations Bill, Defense Sector, Department of Transportation (DOT), Energy Policy, Environmental Policies

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Developers Who Elect Not to Pay Comprehensive Permit Fees in Full Proceed at Their Peril

The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts General…more

Affordable Housing, Appeals, Filing Fees, Housing Developers, Safe Harbors

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FCC Clarifies Rule Governing Foreign Ownership of Broadcast Stations

On November 14, 2013, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling (“Ruling”) clarifying its policies and procedures for reviewing applications or proposed transactions in the broadcasting industry…more

Consent, FCC, Filing Requirements, Foreign Ownership, Telecommunications

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SEC Proposes Expansive New Continuing Disclosure Requirements Regarding Private Debt and Other Financial Obligations

On March 15, 2017, the Securities and Exchange Commission (“Commission” or “SEC”) published in the Federal Register for comment proposed amendments to Rule 15c2-12 (the “Rule”) under the Securities Exchange Act of 1934…more

Disclosure Requirements, EMMA, MSRB, Municipal Bonds, Municipal Securities Issuers

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Pharmaceutical Manufacturers and Healthcare Leaders cite Fraud and Abuse Laws as Obstacle to Value-Based Arrangements

As the healthcare industry moves towards value-based purchasing, pay-for-performance, and other payment reform models, industry leaders have identified federal fraud and abuse laws as a barrier to full implementation of such…more

ACOs, Anti-Kickback Statute, Civil Monetary Penalty, Enforcement Actions, False Claims Act (FCA)

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ClassCo, Inc. v. Apple, Inc.: A Reminder Of Obviousness Analysis Under KSR

In ClassCo, Inc. v. Apple, Inc. the Federal Circuit upheld a decision from the Patent Trial and Appeal Board (“the Board”), which invalidated several claims of ClassCo’s US Patent No. 6,970,695 (“the ’695 patent”) that discussed…more

Apple, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation, Patent Trial and Appeal Board

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Africa Update - March 2016 #4

Leading the News - Libya - On March 28th, Libya’s United Nations (U.N.)-backed unity government accused authorities in Tripoli of closing down the capital’s airspace to prevent it from travelling to Libya from Tunisia…more

Africa, Burundi, Ebola, Human Rights, Humanitarian Assistance

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Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract ?

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas” and…more

Bilski, CLS Bank v Alice Corp, Mayo v. Prometheus, New Guidance, Patent-Eligible Subject Matter

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These Taxi Drivers Are Not Employees Says Massachusetts Supreme Judicial Court

We have been following the high-publicity battle between Uber and Lyft, on the one hand, and the drivers on the other, over whether the drivers are properly classified as independent contractors. Uber and Lyft argue they are…more

Drivers, Employee Definition, Independent Contractors, Leases, Lyft

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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2017 Diversity Visa Lottery Registration Begins Today

On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery. The Diversity Lottery Program provides a…more

Adjustment of Status, Consulate, Diversity Lottery, Eligibility, Green Cards

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FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers

In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband…more

Airlines, Aviation Industry, Broadband, Competitive Bidding, FCC

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UK High Court confirms jurisdiction to grant cross-border declaration of non-infringement

In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish jurisdictions…more

Actavis Inc., Cross-Border, EU, Foreign Jurisdictions, Jurisdiction

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Design Patents – Unlocking the Value of The User Experience

The oft-overlooked design patent has seen somewhat of a revival recently (at least in the media) ever since a jury in California awarded Apple $399 million in damages — i.e., all Samsung profits from the sale of several of its…more

Apple, Damages, Design Patent, Lost Profits, Patent Infringement

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Increased Scrutiny of Visa Applications and Possible Delays

On March 17, 2017, the Department of State (“DOS”), through the Secretary of State, issued a cable to all US consulates and embassies with guidance on enhanced screening and vetting of applications for US visas and other…more

Attorney Generals, Consulate, DHS, Executive Orders, Foreign Nationals

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Failure to Explain Why Misappropriated Information is a Trade Secret May Lead to Dismissal of a DTSA Complaint With Prejudice

A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret protection…more

Confidential Information, Defend Trade Secrets Act (DTSA), Dismissal With Prejudice, Misappropriation, Trade Secrets

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: March 2017

Trends & Analysis - ..This issue looks at 18 health care–related qui tam cases that were unsealed in whole or in part in late October through November 2016. ..The cases identified were filed in federal district courts in…more

Anti-Kickback Statute, False Claims Act (FCA), Medicaid, Medicare, Personal Care Assistants

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Breaking: Court Rules Positively For CPSC In Federal Civil Penalty Case Against Spectrum Brands

We do not get many court decisions in the CPSC world, but yesterday we received one. Last evening, a Wisconsin federal district court essentially held in the Government’s case against Spectrum Brands, Inc. (Spectrum) that (1)…more

Civil Monetary Penalty, Consumer Product Safety Commission (CPSC), Due Process, Fair Notice, Gabelli v SEC

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DHS Site Visits and Inspections — Be Prepared

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”…more

DHS, H-1B, I-9, ICE, L-1

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Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could…more

Bonuses, Corporate Counsel, DOL, Exempt-Employees, FLSA

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Energy & Environment Update - May 2015

In This Issue: - Energy and Climate - Congress - Administration - Department of Energy - Department of Interior - Environmental Protection Agency - Energy Regulatory Commission - Nuclear…more

Clean Energy, Energy Tax Incentives, EPA, Nuclear Regulatory Commission, Tax Reform

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MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #5

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their…more

Energy Sector

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SEC Requires Public Companies to Hyperlink Exhibits Beginning September 1, 2017

Public companies will soon be required to include an active hyperlink to each exhibit to all registration statements filed under the Securities Act of 1933, as amended, and all periodic and current reports filed under the…more

EDGAR, Electronic Filing, Filing Requirements, Hyperlink, New Regulations

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House and Senate Leadership and Committee Assignments Announced

Senate President Stan Rosenberg and House Speaker Robert DeLeo announced this week their leadership teams and committee appointments for the 2017-2018 legislative session. Retaining the core of his leadership team for his…more

Assignments, Leadership, Legislative Agendas, Political Appointments, Senate Committees

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Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements, Even if They Did Not Know the Statements Were False

A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad assurances of legal…more

Biotechnology, Compliance, Derivative Suit, False Statements, Healthcare

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How to Search Like an Examiner With the Scientific and Technical Information Center

The latest trend in patent examiner prior art searches is pushing examiners to use the Scientific and Technical Information Center (STIC) Program to use more foreign patents and foreign non-patent literature during patent…more

Foreign Patent Applications, Patent Litigation, Patent Ownership, Patents, Prior Art

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FDA Denies Request to Make “Patent Dance” a Prerequisite for Biosimilar Approval

In a decision released on March 25, 2015, FDA denied a Citizen’s Petition that would have effectively made the information and patent exchange described in § 262 of the Biologics Price Competition and Innovation Act (“BPCIA”) a…more

Amgen, Biosimilars, BPCIA, FDA, Pharmaceutical Patents

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Washington Outlook for 2016

Welcome to 2016 and our annual look at what’s in store for the United States Congress in the coming year. Here you will find a preview of the US legislative agenda as well as a look at the Obama Administration’s regulatory…more

Energy Policy, Federal Budget, Foreign Policy, International Tax Issues, Legislative Agendas

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House and Senate Leadership and Committee Assignments Announced

Senate President Stan Rosenberg and House Speaker Robert DeLeo announced this week their leadership teams and committee appointments for the 2017-2018 legislative session. Retaining the core of his leadership team for his…more

Assignments, Leadership, Legislative Agendas, Political Appointments, Senate Committees

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First Circuit Affirms US Park Service Designation of Long Wharf Pavilion Area for Public Recreational Use

On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, “for now, at least, the long war over Long Wharf is at an end.” The Court’s ruling in Boston Redevelopment Auth. v. Nat’l Park…more

Administrative Procedure Act, National Park Service, Urban Planning & Development

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Promise to Repeal the ACA Poses Threat to MACRA Implementation

Most of the post-election discussion of the ACA has focused on how promises to repeal the law could impact the newly insured. But one priority area of the ACA that has received very little discussion is the federal government’s…more

ACOs, Affordable Care Act, Alternative Payment Models (APM), CMMI, CMS

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FCC Clarifies Rule Governing Foreign Ownership of Broadcast Stations

On November 14, 2013, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling (“Ruling”) clarifying its policies and procedures for reviewing applications or proposed transactions in the broadcasting industry…more

Consent, FCC, Filing Requirements, Foreign Ownership, Telecommunications

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Federal Circuit Reverses PTAB’s Holding of Anticipation Despite an Element Missing from the Prior Art

On March 14, 2017, the United States Court of Appeals for the Federal Circuit clarified, in a precedential opinion, that an anticipating reference must supply all of the claim elements, regardless of what a person of skill in…more

Anticipation, Appeals, CAFC, Patent Trial and Appeal Board, Patents

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Massachusetts Dialysis Unit Licensing Proposed Regulations – Key Take-Aways

As we’ve previously reported, the Massachusetts Department of Public Health (DPH) has recently proposed a number of amended regulations in connection with the regulatory review and overhaul mandated by Governor Baker’s Executive…more

Amended Regulation, Dialysis, Dialysis Providers, Executive Orders, Governor Baker

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To Seek Design Protection or Not, That is the Question!

While design patents are gaining wider attention—thanks in part to the highly-publicized litigation involving Samsung and Apple—they still remain an underutilized form of intellectual property (IP) protection.  This blog…more

Design Patent, Patent Applications, Patents, USPTO, Utility Patents

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Israel Connect - Legal Insight for Success in the US Market

We are excited to present you with the second issue of Israel Connect — our quarterly newsletter focused on forging new connections and strengthening existing bonds between Israeli businesses and the US market. In our second…more

Anti-Competitive, Biosimilars, D&O Insurance, DOJ, FDA

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2016 DC Metro Area Employment Law Year In Review

The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and…more

Employment Tax, Equal Pay, Hiring & Firing, Medical Leave, Minimum Wage

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Deciphering the Final AMP Rule – Key Provisions Impacting Pharmacies, PBMs, and Manufacturers

In late January, the Centers for Medicare & Medicaid Services (“CMS”) released the much anticipated Covered Outpatient Drugs Final Rule with Comment (the “AMP Final Rule”). The rule creates the regulatory definition for Average…more

Affordable Care Act, CMS, Drug Pricing, Fair Market Value, Final Rules

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More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities…more

Breach of Contract, Civil Monetary Penalty, Consent Order, Cookies, Data Collection

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The U.S. Supreme Court Hears Oral Argument in Much Anticipated Patent Exhaustion Case

On Tuesday, the U.S. Supreme Court heard oral argument in the highly anticipated case regarding the patent exhaustion doctrine, Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 15-1189..…more

Foreign Sales, Impression Products v Lexmark International, Oral Argument, Patent Exhaustion, Patents

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TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in…more

America Invents Act, Equity, Innovator Liability, Liquidity, PaaS

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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U.S. Supreme Court Decides Aereo Internet Broadcast Television Case

Yesterday, the U.S. Supreme Court released its widely-anticipated decision in American Broadcasting Cos., Inc. et al. v. Aereo, Inc., wherein it reversed and remanded for further consideration a decision by the U.S. Court of…more

Aereo, Broadcasting, Copyright, Copyright Infringement, Internet Streaming

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MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #10

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their…more

Energy Sector

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FLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim

Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case? According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case before…more

Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness

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Briefs Filed in CalPERS v. ANZ Securities

On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second Circuit’s…more

Amicus Briefs, Appeals, CalPERS, CalPERS v ANZ Securities, Class Action

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2016 California Employment Law Year In Review

In 2016 employers in California had to adjust to compensation and benefits related changes such as a new state minimum wage, a new method of calculating compensation for “piece-rate employees,” and expanded “kin care” benefits…more

Fair Pay Act, Hiring & Firing, Labor Code, Legal History, Marijuana

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PTAB Provides A Possible Roadmap For Patent Owners To Successfully Argue Secondary Considerations Of Nonobvious

For just the third time ever, the Patent Trial and Appeals Board (“PTAB” or the “Board”) recently sided with a Patent Owner in an inter partes review (“IPR”) to find that evidence of secondary considerations of non-obviousness…more

Inter Partes Review (IPR) Proceeding, Obviousness, Patent Ownership, Patent Trial and Appeal Board, Patents

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New Rules in the Northern District of California Aim to Encourage Patent Case Settlements

New rules for patent cases in the Northern District of California will significantly affect litigation and settlement of cases in Silicon Valley’s backyard. Lawyers litigating cases in the district after the January 17, 2017…more

Case Management, Federal Rules of Civil Procedure, Good Faith, Patent Infringement, Patent Litigation

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Lyondell: Is the Safe Harbor Closed to Former Shareholders of LBOs?

In a recent decision by the United States Bankruptcy Court for the Southern District of New York, Weisfelner, v. Fund 1, et al. (In re Lyondell Chem. Co.), 2014 Bankr. LEXIS 159 (Bankr. S.D.N.Y. January 14, 2014), the Court…more

Fraudulent Transfers, Leveraged Buyout, Safe Harbors, Shareholders, Transfers

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President’s Budget Blueprint Increases Funds For Health Care Fraud Enforcement

The President has released a “budget blueprint” for fiscal year 2018. Although there are many aspects of the budget blueprint to digest, several budget items signal that government health care fraud enforcement remains a…more

CMS, Federal Budget, Fraud and Abuse, Healthcare Fraud, HHS

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With the passage of Proposition 67, the question is “Would you like paper or…paper?”

On November 8, 2016, California voters approved Proposition 67, the statewide ban on carry-out plastic bags, by 52 percent. At the same time, California voters rejected Proposition 65 by 55 percent–a measure that would have sent…more

Environmental Policies, EPA, Plastic Bag Bans

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Wyden’s C-THRU Act – Publicizing PBM Rebate Data

Last week, Senate Finance Committee Ranking Member Ron Wyden (D- Ore.) introduced the “Creating Transparency to Have Drug Rebates Unlocked (C-THRU) Act of 2017.” As its name suggests, it seeks to require parties (e.g., PBMs)…more

Disclosure, Drug Pricing, HHS, Medicare Part D, Pharmaceutical Industry

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Limiting Securities Litigation Risks in EB-5 Offerings: What Regional Centers and Issuers Need to Know

The flurry of federal suits filed by the U.S. Securities and Exchange Commission (SEC) in the past few months against several companies and individuals for alleged fraud and false statements in soliciting foreign investors under…more

Corporate Counsel, EB-5, Immigrant Investor Program, Material Misstatements, SEC

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TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in…more

America Invents Act, Equity, Innovator Liability, Liquidity, PaaS

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To Seek Design Protection or Not, That is the Question!

While design patents are gaining wider attention—thanks in part to the highly-publicized litigation involving Samsung and Apple—they still remain an underutilized form of intellectual property (IP) protection.  This blog…more

Design Patent, Patent Applications, Patents, USPTO, Utility Patents

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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House and Senate Leadership and Committee Assignments Announced

Senate President Stan Rosenberg and House Speaker Robert DeLeo announced this week their leadership teams and committee appointments for the 2017-2018 legislative session. Retaining the core of his leadership team for his…more

Assignments, Leadership, Legislative Agendas, Political Appointments, Senate Committees

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Back to Work from Travel Abroad? Check Your Form I-94!

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94. If Form I-94 is issued for a shorter validity period than the maximum…more

Customs and Border Protection, Foreign Nationals, Form I-94, Forms, H-1B

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The U.S. Supreme Court Hears Oral Argument in Much Anticipated Patent Exhaustion Case

On Tuesday, the U.S. Supreme Court heard oral argument in the highly anticipated case regarding the patent exhaustion doctrine, Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 15-1189..…more

Foreign Sales, Impression Products v Lexmark International, Oral Argument, Patent Exhaustion, Patents

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Duty to Monitor Investments Extends Statute of Limitations for Fiduciary Breach Claim Says Supreme Court

The Supreme Court has decided an important statute of limitations issue in an ongoing fiduciary breach case, Tibble v. Edison International. Tibble has attracted attention up to this point for its substantive claim: that plan…more

401k, Benefit Plan Sponsors, ERISA, Fiduciary Duty, SCOTUS

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Survival of Reps and Warranties: Avoiding Unpleasant Surprises for Buyers

Survival of representations and warranties (“reps and warranties”) is among the staples of highly negotiated provisions in M&A purchase agreements. The length of the survival period limits the time during which claims may be…more

Breach of Contract, Breach of Warranty, Representations and Warranties, Statute of Limitations, Survival Clauses

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Massachusetts Legislature Overhauls Public Records Law

Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of…more

Attorney's Fees, Burden of Proof, Discovery, Municipalities, New Legislation

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Paths to Dispute Resolution

In order to understand the best approach to solving a business dispute, counsel must understand the client's business objectives. A need to win at all costs will drive one particular strategy, while a need to resolve the dispute…more

Arbitration, Business Disputes, Business Litigation, Mediation

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USPTO Proposes Fee Increases for FY 2017

The USPTO has published its notice of proposed rulemaking for the FY 2017 patent fee schedule in the Federal Register. The USPTO proposes fee increases to recover its estimated costs for patent operations and achieve its…more

America Invents Act, Covered Business Method Proceedings, Federal Register, Inter Partes Review (IPR) Proceeding, Patent Fees

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: March 2017

Trends & Analysis - ..This issue looks at 18 health care–related qui tam cases that were unsealed in whole or in part in late October through November 2016. ..The cases identified were filed in federal district courts in…more

Anti-Kickback Statute, False Claims Act (FCA), Medicaid, Medicare, Personal Care Assistants

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It’s Not Too Early! ICO Guidance Regarding Consent Under GDPR

The European Union’s General Data Protection Regulation (the “GDPR”) goes into effect in a little over fourteen months and from a quick glance at our bullet points analysis you can see there is a lot to consider. One crucial…more

Consent, Data Protection Authority, EU, General Data Protection Regulation (GDPR), Personal Data

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FDA Places Ban on Import of GE Salmon

Reversing course from the end of 2015, FDA recently announced an import ban on genetically engineered (GE) salmon until such a time as comprehensive labeling guidelines are introduced. Despite FDA’s approval of GE salmon in…more

FDA, Food Labeling, GMO Bans, Imports, Interstate Commerce

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Monthly TCPA Digest - January 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

Class Action, Common Law Claims, Communications Act of 1934, Congressional Committees, FCC

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A Preview of Business Immigration in 2016: H-4 EAD Reforms (Part 4/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,…more

DHS, Employment Authorization Documents (EAD), H-1B, H-4 Spouses, Motion for Summary Judgment

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Fourth Circuit Permits DOJ to Reject an FCA Settlement, But Punts Decision on Statistical Sampling

In a closely watched False Claims Act (“FCA”) case, the Fourth Circuit Court of Appeals decided that the Department of Justice (“DOJ”) has an unreviewable right to object to a proposed settlement agreement between a relator and…more

DOJ, False Claims Act (FCA), Fraud and Abuse, Healthcare Fraud, Nursing Homes

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Supreme Court Rewrites the Rules for Individual Campaign Contributions: McCutcheon v. Federal Election Commission

On April 2, 2014, the Supreme Court of the United States rendered the McCutcheon decision, addressing the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002 (the “BCRA”). This case involved a challenge…more

Federal Election Commission (FEC), McCutcheon v. FEC, Political Contributions, SCOTUS

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First Circuit Overturns SEC Commissioners’ Sanctions Order

As we have discussed before, the SEC’s increased use of in-house administrative proceedings in enforcement actions involving allegations of fraud has been a subject of considerable debate. Commentators have questioned the…more

Administrative Proceedings, Enforcement Actions, Materiality, Scienter, SEC

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Fund Manager Annual Update

The SEC brought a record number of enforcement actions against investment advisers in 2015, resulting in approximately $4.2 billion in sanctions.1 This alert highlights current issues for private equity, venture capital and…more

AIFMD, Blue Sky Laws, Cybersecurity, Enforcement Actions, Filing Deadlines

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New FINRA Rule 5123 Regarding Private Placements of Securities Effective December 3, 2012

In an effort to enhance oversight and investor protection over private placement activity of firms on behalf of other issuers, new Financial Industry Regulatory Authority, Inc. (FINRA) Rule 5123 became effective on December 3,…more

Commodity Pool, Exemptions, FINRA, Private Investment Funds, Private Placements

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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FINRA Provides Guidance on the Applicability of the Suitability Rule to Broker-Dealers Marketing Private Placements in the EB-5 Context

In an interpretive letter to a broker-dealer dated August 26, 2013, FINRA (Financial Industry Regulatory Authority) interpreted the suitability requirements under Rule 2111 for recommendations to foreign nationals making…more

Broker-Dealer, EB-5, FINRA, Foreign Investment, Suitability Rule

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Patent-Agent Privilege and the USPTO’s Proposed New Rule

Several recent court decisions have shed light on the patent agent privilege, and now the U.S. Patent and Trademark Office (USPTO) is seeking to weigh-in on the issue…more

Breach of Contract, Discovery, Patent Agent Privilege, Patent Litigation, Patent Trial and Appeal Board

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The Department of Labor’s 2016 Final Fiduciary and Conflict of Interest Regulations: The Principal Transactions Exemption

This post continues our examination of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. Our prior posts discussed the newly expanded definition of “investment advice fiduciary” and the…more

Best Interest Contract Exemptions, Broker-Dealer, Conflicts of Interest, DOL, Employee Benefits

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Good News on “Bad Boy” Guarantees – IRS Reverts to Prior Position in Recent Legal Advice Memorandum

On April 15, 2016, the IRS released a generic legal advice memorandum (GLAM 2016-001) (the “April GLAM”) addressing the impact of so-called “bad boy” guarantees (also known as nonrecourse carve-out guarantees) on the…more

Bad Boy Liability, Carve Out Provisions, IRS, Non-Recourse Loans, Real Estate Market

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Preserving Net Operating Losses (NOL) Carryforward: What Are You Doing to Protect Your Company’s Valuable Tax Assets?

A company’s past NOLs can be used to offset taxable income in future years, subject to certain limitations. For companies that have operated at a significant loss and expect to turn a profit in the foreseeable future, the…more

Carry Forward, Corporate Taxes, Life Sciences, Net Operating Losses, Publicly-Traded Companies

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Preparation for 2016 Fiscal Year-End SEC Filings and 2017 Annual Shareholder Meetings

As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange…more

Director Compensation, Dodd-Frank, Filing Deadlines, Fiscal Year, Form 8-K

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Israel Connect - Legal Insight for Success in the US Market

We are excited to present you with the second issue of Israel Connect — our quarterly newsletter focused on forging new connections and strengthening existing bonds between Israeli businesses and the US market. In our second…more

Anti-Competitive, Biosimilars, D&O Insurance, DOJ, FDA

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Important Changes Resulting from New ALTA/NSPS Land Title Survey Standards

As a follow up to my colleague Allan Caggiano’s post on the new 2016 ALTA/NSPS Land Title Survey Standards, the Planning & Zoning Resource Company (PZR) has recently circulated an important advisory on the practical effects of…more

Land Titles, Urban Planning & Development, Zoning Laws

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MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #9

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their…more

Electric Vehicles, Tesla

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Israel Connect - Legal Insight for Success in the US Market

We are excited to present you with the second issue of Israel Connect — our quarterly newsletter focused on forging new connections and strengthening existing bonds between Israeli businesses and the US market. In our second…more

Anti-Competitive, Biosimilars, D&O Insurance, DOJ, FDA

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Supreme Court Makes It Harder for Willful Infringers to Escape Punishment

The Supreme Court has made it easier for patent owners to prove willful infringement and entitlement to enhanced damages. In a unanimous opinion issued yesterday in a pair of cases decided together, Halo Electronics, Inc. v…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

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TechConnect - Your Law Firm Link to Industry News - February 2016

As the Northeast begins (hopefully) to thaw out and we head into an early spring (so said the Groundhog), we are excited to deliver our new issue of TechConnect — our bimonthly newsletter on “all things technology” in the legal…more

Corporate Taxes, Drones, Private Equity, Protecting Americans from Tax Hikes (PATH) Act, Small Business

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Monthly TCPA Digest - August 2016

In light of the continued compliance and litigation challenges presented by the Telephone Consumer Protection Act (TCPA), Mintz Levin’s TCPA and Consumer Calling Practice team have launched an inaugural newsletter to keep you…more

Article III, Bipartisan Budget Act, Debt Collection, Declaratory Rulings, Exceptions

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Renewable Energy Tax Credits: Recent IRS Notice Favorable to the Renewable Energy Industry

On May 5, 2016, the IRS released new guidance regarding the renewable energy production tax credit (“PTC”) and energy investment tax credit (“ITC”) which most in the renewable energy industry will find favorable…more

Investment Tax Credits, IRS, Production Tax Credit, Renewable Energy, Tax Credits

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What You Need to Know Before Considering Selling Your Craft Brewery to a Macrobrewer or a Private Equity Firm

Recently, there have been a number of sales of well-known and well-respected craft breweries to the major beer producers. In addition, there have been a smaller number of sales of craft breweries to private equity investors. Is…more

Breweries, Private Equity, Private Equity Firms

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Fed Circuit Reverses PTAB Decision in IPR Proceeding

On June 16, the Federal Circuit issued its first-ever reversal of a Patent Trial and Appeal Board decision in an America Invents Act post-grant proceeding. The opinion, drafted by Chief Judge Prost and joined by CAFC Judge…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Microsoft, Patent Trial and Appeal Board, Patents

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Key Takeaways from OIG’s 2015 Work Plan

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Fiscal Year 2015 Work Plan on October 31. The Work Plan provides the OIG’s planned reviews and activities with respect to HHS…more

Affordable Care Act, CMS, Healthcare, Healthcare Reform, HHS

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SEC Proposes Disclosure Rules on Hedging Policies

On Monday, the Securities and Exchange Commission (the “SEC”) proposed rules requiring disclosure of companies’ policies with respect to hedging transactions, in order to implement Section 955 of the Dodd-Frank Wall Street…more

Dodd-Frank, Hedging, Proposed Regulation, Public Disclosure, Publicly-Traded Companies

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Mintz Levin Health Care Qui Tam Update: Recently Unsealed Whistleblower Cases: October 2015

Trends & Analysis: ..We have identified 15 health care–related qui tam cases that were unsealed since our last Qui Tam Update. Of those, 12 were filed from 2012 to the present. All but two cases had been pending more than a…more

Anti-Retaliation Provisions, Corporate Integrity Agreement, Declination, DOJ, Employees

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Securities and Exchange Commission Considers Changes to CEO Pay Ratio Rule

SEC Acting Chairman Michael S. Piwowar issued a public statement on February 6, 2017 requesting input on any unexpected challenges that companies have experienced as they prepare for compliance with the CEO pay ratio rule, which…more

CEOs, Consumer Protection Act, Dodd-Frank, Pay Ratio, Public Statements

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FDA Finalizes Tobacco Product Intended Use Rules, Under a Risk of Rescission by Congress

As we’ve previously written about, 2016 represented a regulatory sea change for manufacturers, distributors, and retailers of e-cigarettes and other electronic nicotine delivery systems (ENDS), who became subject to FDA…more

Congressional Review Act, E-Cigarettes, FDA, Tobacco

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FCC Eliminates Foreign Competition Test for Certain International Telecommunications Authorization Applications

In an order released on April 22, 2014, the Federal Communications Commission eliminated its longstanding requirement that certain applications for authorization to provide international telecommunications services or for…more

FCC, Telecommunications, WTO

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More EPO Rule Reversals: Additional Searches Available During European Regional Phase

The EPO has announced rule changes that will provide applicants with the option to have additional searches carried out during the European regional phase of Euro-PCT applications…more

EPO, EU, Patent Applications, Patents, USPTO

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Health Care Update - March 2015 #4

In This Issue: - Permanent Medicare Doc-Fix Entering Critical Week - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Congressional Initiatives - Other Health…more

Affordable Care Act, Congressional Investigations & Hearings, Healthcare, Healthcare Fraud, HHS

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Employment-Based Third Preference (EB-3) Cut-Off Dates Advance on the Visa Bulletin for All Countries Except India and the Philippines

The Visa Bulletin for July 2013 shows continual movement forward for immigrant visas in the employment-based third preference (EB-3) category for all countries except India and the Philippines…more

EB-3, India, Visa Bulletins, Visas

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Estee Lauder Decision Highlights Waiver Argument’s Challenges

Policyholders often seek to challenge an insurer’s denial of coverage on the grounds that the insurer waived a defense relied upon to deny coverage. On September 15, 2016, the Court of Appeals in Estee Lauder Inc. v. OneBeacon…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Late Notices

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The Cyber President? What To Expect From the Trump Administration On Cybersecurity And Privacy

Even president-elect Donald Trump has been the victim of a data breach. Several times actually. The payment card system for his Trump Hotel Collection was infected by malware in May 2014 and 70,000 credit card numbers were…more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Security, EU Data Protection Laws, EU-US Privacy Shield

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Proposed USCIS Rule for Entrepreneurs Would Benefit Very Few if Finalized

United States Citizenship and Immigration Services (USCIS) recently announced a new proposed rule for entrepreneurs. If the rule becomes law, qualified entrepreneurs would be considered for parole (temporary permission to be in…more

DHS, E-2, Entrepreneurs, H-1B, Parole

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What App Users Care About When Sharing Personal Data: Permissions

The latest Pew Research Center Report relayed useful information regarding application users’ concerns with sharing personal data. Ninety percent of app users indicated that how their personal data will be used is “very” or…more

Android, App Developers, Google, Google Play Store, Mobile Apps

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FDA User Fee Hearings Picking Up Steam on Capitol Hill

As we noted previously in our introductory blog post on the 2017 User Fee Act (UFA) reauthorization process, the first UFA hearing on Capitol Hill was convened on March 2, 2017 by the House Energy & Commerce Committee’s (E&C)…more

Biosimilars, Congressional Investigations & Hearings, FDA, Generic Drugs, Medical Research

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Monthly TCPA Digest - January 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

Class Action, Common Law Claims, Communications Act of 1934, Congressional Committees, FCC

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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Stuck in the Middle with the FTC

Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings. For example, in 2014, the…more

Closing Protection Letters, Deceptively Misdescriptive, False Advertising, FTC, Made in the USA

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Key Lessons from Patent Litigation for Drafting and Prosecuting Utility Patent Applications

In almost every U.S. patent suit, the patentee’s counsel considers how the case could have been facilitated had the patent at issue been drafted and prosecuted differently. These considerations demonstrate that patents should…more

Claim Construction, Corporate Counsel, Covered Business Method Patents, Patent Applications, Patent Litigation

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Practice Fusion and FTC Settle Complaint Over Deceptive Statements About the Privacy of Consumer-Generated Online Content

Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices…more

Cloud Computing, Disclosure Requirements, EHR, FTC, Patient Confidentiality Breaches

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Proxy Season Litigation Primer: Defending Shareholder Suits to Enjoin Annual Meetings for Allegedly Inadequate Disclosures Concerning Equity Compensation Plans

Over the past few years, as plaintiffs have found it increasingly harder to succeed in “say-on-pay” litigation, another type of litigation over proxy disclosures has been on the rise. These cases are generally brought as class…more

Board of Directors, Class Action, Equity Compensation, Executive Compensation, Fiduciary Duty

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FDA’s Enforcement Priorities Likely to Change in 2017 and Other “Unknowable Knowns”

As we enter a new era in which executive agencies are headed by President Trump, we are also faced with many other transformative changes that will affect FDA-regulated entities in a significant and lasting way. This post will…more

21st Century Cures Act, Congressional Review Act, Enforcement Actions, FDA, Healthcare Reform

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Regulation of Health IT: A Risk-Based Approach

The FDA will hold a public workshop on May 13-15, 2014 to discuss the long-awaited report (the “Report”) issued on April 3, 2014 by the three federal agencies charged with regulating health information technology (“health IT”),…more

FCC, FDA, FDASIA, Healthcare, ONC

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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Massachusetts Outlook: The Remainder of 2016 and Beyond

After closing the book on the formal sessions in July, Massachusetts lawmakers have turned their attention to the November election. The Senate and House of Representatives convene in informal sessions for the remainder of the…more

Clean Energy, Energy Sector, Gaming, Health Care Providers, Hospitals

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CPSC Begins Transition: Ann Marie Buerkle is Now the Acting Chairman of the Agency

February 9th, 2017, it was announced internally at the CPSC that Commissioner Ann Marie Buerkle has become the Acting Chairman of the agency. The CPSC has not yet released a statement concerning the transition of the…more

Consumer Product Safety Commission (CPSC), CPSC Commissioner, Trump Administration

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Federal Circuit Reminds PTAB to Explain its Reasoning

The Court of Appeals for the Federal Circuit (the Federal Circuit) has more recently been indicating to the Patent Trial and Appeal Board (the Board) the importance of explaining its reasoning when invalidating patent claims. …more

Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Trial and Appeal Board, Patents, Prior Art

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New York’s Nonprofit Revitalization Act: A Guide to the Law’s Key Provisions

Significant portions of the New York Nonprofit Revitalization Act (the “Revitalization Act” or the “Act”) went into effect in 2014. The Act represents the first overhaul in more than 40 years of laws applicable to nonprofit…more

Board of Directors, Charitable Organizations, Corporate Governance, Executive Compensation, General Solicitation

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Third Circuit Issues Bright-line Interpretation of FMLA’s “Overnight Stay” Rule

Early last month, the U.S. Court of Appeals for the Third Circuit held that a former employee’s hospital stay did not count as an “overnight stay” under the Family and Medical Leave Act, and thus did not trigger the FMLA’s…more

FMLA, Hiring & Firing, Retaliation, Termination, Wrongful Termination

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Will 30 Years Of Practice Be Overturned? Supreme Court Hears Oral Argument In TC Heartland v. Kraft Foods.

On Monday, March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft Foods Group Brands LLC, a case that could have a profound impact on where patent infringement cases may be litigated…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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Enlarged Board of Appeal referral – Challenging clarity of post-grant amendments

Lack of clarity is not a ground for opposition before the EPO, but can be raised against amendments filed during the opposition proceedings. In accordance with Article 101(3) EPC, any amendments made to a granted patent during…more

European Patent Convention, Patent Litigation, Patents, Post-Grant Review

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Renewable Energy Tax Credits: Recent IRS Notice Favorable to the Renewable Energy Industry

On May 5, 2016, the IRS released new guidance regarding the renewable energy production tax credit (“PTC”) and energy investment tax credit (“ITC”) which most in the renewable energy industry will find favorable…more

Investment Tax Credits, IRS, Production Tax Credit, Renewable Energy, Tax Credits

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Bayer Given a Headache by Trial Court Decision in FLANAX US Trademark Dispute

On February 6, 2015, a US District Court issued a ruling which underscores the territorial nature of trademark rights and the need to seek formal protection for your marks where possible in all countries of interest. The US…more

Bayer, Lanham Act, Mexico, Paris Convention, Popular

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Massachusetts Licensure of Hospice Programs Proposed Regulations – Key Take-Aways

Last week, the Massachusetts Department of Public Health issued another round of proposed amendments to its regulations, continuing the Baker Administration’s regulatory reform efforts. Today, we take a closer look at the…more

Hospice, Proposed Regulation, Public Health

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To Seek Design Protection or Not, That is the Question!

While design patents are gaining wider attention—thanks in part to the highly-publicized litigation involving Samsung and Apple—they still remain an underutilized form of intellectual property (IP) protection.  This blog…more

Design Patent, Patent Applications, Patents, USPTO, Utility Patents

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Fiscal Cliff Legislation Extends Tax Incentive to Invest in Small Businesses

As a result of the recent “fiscal cliff” legislation, otherwise known as the American Taxpayer Relief Act of 2012 (2012 Tax Act), many individual investors are expecting future tax increases, either in the form of higher capital…more

American Taxpayer Relief Act, C-Corporation, Capital Gains, Fiscal Cliff, Income Taxes

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Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration clause…more

Arbitration, Australia, Canada, India, International Arbitration

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Three Strikes and Recovery Act is Out

Today’s U.S. Supreme Court decision in Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust puts an end to one of Puerto Rico’s multi-pronged efforts to deleverage itself. Given the comprehensiveness of the First…more

Bankruptcy Code, Commonwealth of Puerto Rico v Franklin California Tax-Free Trust, Contracts Clause, Debt Enforcement & Recovery Act (DERA), Preemption

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Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act (FCA) Cases: May 2014

Trends & Analysis: ..We have identified 58 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of those, 33 cases were initiated after the start of 2012, with the remaining 25 cases…more

Clinical Laboratories, Diagnostic Imaging Services, Financial Conduct Authority (FCA), Healthcare, Hospitals

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Health Care Reform Update -- April 2, 2013

In This Issue: Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups…more

Abortion, Affordable Care Act, CMS, Contraceptive Coverage Mandate, Health Insurance Exchanges

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TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in…more

America Invents Act, Equity, Innovator Liability, Liquidity, PaaS

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Beware the Ides of March at the US Patent and Trademark Office

Last March, the USPTO experienced an enormous spike in the typical number of application filings per week, as numerous US provisional and non-provisional patent applications were filed in advance of the March 16, 2013 effective…more

America Invents Act, Patent Reform, USPTO

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Let’s talk about Networks of Things, baby. Let’s talk about you and me.

It is easy to see networks all around us. The printers at the office, your child’s videogame, the food ordering app on your phone, the fitness band or smart watch on your wrist, the electricity grid for your city, the…more

Chamber of Commerce, Internet of Things, Networks, NIST

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March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the…more

Data Collection, Data Security, Electronic Protected Health Information (ePHI), Employment Policies, Hackers

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DC Circuit Court Reaffirms Earlier Decision Partially Invalidating Conflict Minerals Rule On First Amendment Grounds

Pursuant to Section 1502 of the Dodd-Frank Act, which added new Section 13(p)(1) to the Securities Exchange Act of 1934, as amended, the SEC promulgated Rule 13p-1 (the “Conflict Minerals Rule”), which required that issuers that…more

Conflict Mineral Rules, Democratic Republic of Congo, Dodd-Frank, First Amendment, Petition For Rehearing

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Future of the Affordable Care Act and the American Health Care Act

This week, in their “Future of the Affordable Care Act” series on our Employment Matters blog, my colleagues Alden Bianchi and Edward Lenz provided an analysis of the major provisions of the American Health Care Act (“AHCA”)..…more

Affordable Care Act, Medicaid, Proposed Legislation, Repeal, Trump Administration

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Using Corporate Bylaws and Charters to Set the Rules for Shareholder Litigation

Recent court decisions, including the Delaware Supreme Court’s opinion earlier this month in ATP Tour, Inc. v. Deutscher Tennis Bund, have focused new attention on the use of corporate bylaws and charters to establish the ground…more

American Rule, ATP Tours, Attorney's Fees, Board of Directors, Bylaws

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Federal Circuit Reverses PTAB Claim Interpretation in Dispute over Credit Card Security Patent

The Federal Circuit reversed the invalidation of two patents directed to providing security for credit card purchases in an opinion released earlier today. The patents at issue, U.S. Patent Nos. 7,840,486 and 8,036,988,…more

CAFC, Credit Cards, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Trial and Appeal Board

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Members of Ophthalmologist Group Charged with Illegal Boycott of Health Plan

An ophthalmologist cooperative in Puerto Rico settled charges with the Federal Trade Commission (“FTC”) last week that it orchestrated an illegal boycott of a health plan. The FTC alleged that the cooperative urged its members…more

Anticompetitive Behavior, Boycotts, Consent Order, Cooperative Agreements, Employer Group Health Plans

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Washington Outlook for 2015

In This Issue: - Introduction - Agriculture, Food Safety, and Nutrition - Appropriations, Budget, and Debt Ceiling - Defense and National Security - Education - Energy and Environment - Financial…more

Appropriations Bill, Defense Sector, Department of Transportation (DOT), Energy Policy, Environmental Policies

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What Have Merchants Gained from Payment Card Antitrust Litigation?

In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust…more

American Express, Anti-Steering Rules, Antitrust Violations, Appeals, ATMs

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Federal Circuit Reverses PTAB’s Holding of Anticipation Despite an Element Missing from the Prior Art

On March 14, 2017, the United States Court of Appeals for the Federal Circuit clarified, in a precedential opinion, that an anticipating reference must supply all of the claim elements, regardless of what a person of skill in…more

Anticipation, Appeals, CAFC, Patent Trial and Appeal Board, Patents

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OIG Releases FY 2016 Statistical Data About Medicaid Fraud Control Units

Earlier this week, the Office of Inspector General for the Department of Health and Human Services (“OIG”) posted its fiscal year (“FY”) 2016 data about Medicaid Fraud Control Units (“MFCUs”) across the country…more

False Claims Act (FCA), Fraud, Health Care Providers, Investigations, Medicaid

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Efforts Underway to Suspend Visa-Free Travel to Europe for U.S. Citizens

The European Commission is being urged to require U.S. citizens to obtain visas for travel to Europe in an effort to obtain full visa waiver reciprocity for all European Union (EU) nations. Currently, five EU nations are…more

EU, European Commission, Visa Waiver Program, Visas

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March Grabness: Lessons from the (Basketball) Court: Avoiding Personal Fouls, Violations and Time Outs in the Workplace

Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA…more

Cyber Crimes, Employee Training, Employer Liability Issues, Harassment, Human Resources Professionals

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Federal Circuit Clarifies Scope of Covered Business Method Review

The Federal Circuit has further clarified the scope of the covered business method (CBM) review program under the America Invents Act (AIA), explaining in Secure Axcess, LLC. v. PNC Bank National Association that in order for…more

America Invents Act, Appeals, Covered Business Method Patents, Covered Business Method Proceedings, Patent Litigation

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Activism and Engagement: Yadda, Yadda, Yadda or a Useful tool (or a Little of Both)

Activism is on the rise and everyone's activism defense playbook includes engagement, engagement and more engagement as the principal response. The experts in the field are well versed in when to engage, who to engage and…more

Board of Directors, Corporate Governance, Regulation FD, Shareholder Activism, Shareholders

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Software Audits: Strategies for Licensees

Audits Have Become More Common - If you have received a software audit request from your software vendor or one of the industry trade groups representing software publishers, such as the Software & Information Industry…more

Audits, License Agreements, Software, Software Developers

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Health Care Reform Update -- April 15, 2013

In This Issue: Leading the News; Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups…more

Affordable Care Act, CMS, Federal Budget, Healthcare, HHS

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Over a Decade in the Making: CMS Releases Long-Awaited Medicaid Managed Care Rule

On May 27, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published a 653-page proposed rule affecting the thirty-nine states (plus the District of Columbia) that use managed care organizations (“MCOs”) to…more

CMS, Health Care Providers, Managed Care Contracts, Medicaid

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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(Trade)Marking Your Territory in the US: A Guide for Non-US Companies

Trademark rights exist on a country-by-country basis, and the laws in the United States differ in a number of significant ways from other markets. As a result, it is critical that before any non-U.S. company seeks trademark…more

Community Trademark, Foreign Corporations, Intellectual Property Protection, Intent-to-Use, Madrid Protocol

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: March 2017

Trends & Analysis - ..This issue looks at 18 health care–related qui tam cases that were unsealed in whole or in part in late October through November 2016. ..The cases identified were filed in federal district courts in…more

Anti-Kickback Statute, False Claims Act (FCA), Medicaid, Medicare, Personal Care Assistants

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The Impact of Recently Proposed Regulations on Ineligible Nonqualified Plans Under Internal Revenue Code § 457(f)

The Treasury Department and the Internal Revenue Service recently issued comprehensive proposed regulations governing nonqualified plans subject to tax under Internal Revenue Code § 457. Code § 457 prescribes the tax rules that…more

Deferred Compensation, Forfeiture, Income Taxes, Internal Revenue Code (IRC), IRS

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Supreme Court Shuts the Door on Patent Laches

In a widely anticipated move with implications for patent litigation across the country, the Supreme Court ruled today that the equitable defense of laches is not available to limit damages in patent infringement cases subject…more

Damages, Defense Strategies, Laches, Patent Infringement, Patents

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Cloudbleed: Three Risk Management Lessons Learned 

Recently, a Google researcher discovered a serious flaw with the content delivery network (CDN) provided by CloudFlare. This vulnerability has now become known as Cloudbleed, in a nod to the earlier Heartbleed SSL…more

Cybersecurity, Data Breach, Data Protection, Risk Management, Vendors

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March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the…more

Data Collection, Data Security, Electronic Protected Health Information (ePHI), Employment Policies, Hackers

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The USPTO’s Latest Memo on Subject Matter Eligibility Provides Hope For Modern Innovators

On November 2, 2016 the United States Patent and Trademark Office (USPTO) issued a memo to Examiners on its stance on subject matter eligibility in response to the McRO and BASCOM Federal Circuit decisions, previously discussed…more

Abstract Ideas, Bascom Global v AT&T Mobility, Patent Litigation, Patent-Eligible Subject Matter, Patents

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Estee Lauder Decision Highlights Waiver Argument’s Challenges

Policyholders often seek to challenge an insurer’s denial of coverage on the grounds that the insurer waived a defense relied upon to deny coverage. On September 15, 2016, the Court of Appeals in Estee Lauder Inc. v. OneBeacon…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Late Notices

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On the Second Day of Privacy, Plaintiffs’ Counsel Gave to Me . . .

. . . still more privacy litigation. In 2015, we are likely to see further development of the law in data breach class actions, continuing growth in statutory privacy claims, and increased risk of privacy-related claims arising…more

Data Breach, Data Protection, Popular, Right to Privacy, TCPA

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Federal Cybersecurity Landscape for 2017

Regardless of who won the presidential election, it was always expected that cybersecurity would continue to be a leading concern for business and government alike. As new cyber threats and the evolution of technology and the…more

Cyber Threats, Cybersecurity, Internet of Things, Trump Administration

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The Future of the Affordable Care Act Week 8: An Employer’s Guide to the Collapse of the American Health Care Act (Spoiler Alert—the News is Not all Bad)

The stunning failure of the U.S. House of Representatives to pass the American Health Care Act (AHCA) (which we previously reported on here) has political and policy implications that we cannot forecast. Nor it is it clear to us…more

Affordable Care Act, Employer Group Health Plans, ERISA, Health Insurance, Large Employer

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Preparation for 2015 Fiscal Year-End SEC Filings and 2016 Annual Shareholder Meetings

As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange…more

Annual Meeting, Conflict Mineral Rules, Cybersecurity, Disclosure-Based Settlements, Executive Compensation

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First Circuit Strengthens “Traceability” Pleading Requirement for Section 11 Claims

A recent First Circuit decision raises the pleading bar for plaintiffs asserting violations of Section 11 of the Securities Act. Only would-be plaintiffs who acquired a security that is the direct subject of a prospectus and…more

Section 11, Securities Act, Securities Litigation

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REMINDER: Ultra Light Future Energy Forum Boston on September 25, 2013

On Wednesday, September 25, 2013, Ultra Light Startups is hosting its Future Energy Forum at Microsoft NERD in Cambridge, Massachusetts. The event is part of a series of startup pitch events that connects entrepreneurs,…more

Clean Energy, Clean Tech, Startups

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USPTO Guidance for Examiners Takes Expansive View of Myriad and Prometheus Decisions

On March 4, 2014, the U.S. Patent and Trademark Office (“USPTO”) issued a memorandum to the Patent Examining Corps with guidance for determining the patent eligibility of claims relating to products of nature and laws of nature…more

AMP v Myriad, Mayo v. Prometheus, Patent Litigation, Patent-Eligible Subject Matter, Patents

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J-1 Site Visits

The Department of State’s Office of Private Sector Exchange Administration has announced that it will perform site visits to many J-1 Intern and Trainee host organizations beginning this month. Most individual participants and…more

Internships, J-1 Visas, Site Visit Program, US Department of State

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Massachusetts Legislature Overhauls Public Records Law

Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of…more

Attorney's Fees, Burden of Proof, Discovery, Municipalities, New Legislation

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FDA Announces Dates for Long-Awaited Public Hearing on Its Regulation of Off-Label Communications

Times, They Are A-Changin’ - On Wednesday, FDA announced that it will hold a two-day public hearing on November 9th and 10th to obtain input from a broad cross-section of the health care industry, including pharmaceutical…more

Amarin, Animal Drugs, Biologics, FDA, FDCA

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White House’s Budget Blueprint Includes Significant Cuts to the EPA

Last week, the White House unveiled its $1.65 trillion blueprint for the FY2018 federal budget, which prioritizes discretionary defense spending, with an increase of $54 billion to $603 billion, by reducing total non-defense…more

Budget Cuts, Clean Power Plan, ENERGY STAR Program, EPA, Federal Budget

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Government Solidifies Victory Blocking Chicago Hospital Merger

The Federal Trade Commission (“FTC”) and the State of Illinois successfully concluded their challenge to the proposed merger of Advocate Health Care and NorthShore University Health System earlier this month, when the U.S…more

Appeals, FTC, Hospital Mergers, Hospitals, Mergers

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National Labor Relations Board Grants Student Assistants the Right to Unionize at Private Colleges and Universities

In a setback to private colleges and universities, the National Labor Relations Board ruled on August 23, 2016 that student assistants have unionization and collective bargaining rights under the National Labor Relations Act. In…more

Brown University, Collective Bargaining, Colleges, Columbia University, Educational Institutions

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