Mintz Levin

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - May 2015

On April 22, the House passed the Energy Efficiency Improvement Act of 2015. The Senate approved the mini energy efficiency measure from Senators Jeanne Shaheen (D-NH) and Rob Portman (R-OH) in March. The bill creates a…more
| Energy & Utilities

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
| Civil Procedure, Finance & Banking, Insurance

Health Care Update - May 2015 #3

In This Issue: - 21st Century Cures Markup; Full Committee to Take Up this Week - Senate Finance Committee Solicits Health Bills for Upcoming Markup - Implementation of the Affordable Care Act - Federal…more
| Health, Science, Computers, & Technology

Energy & Environment Update - May 2015 #3

In This Issue: - Energy and Climate - Congress - Administration - Department of Energy - Department of Interior - Environmental Protection Agency - Federal Energy Regulatory Commission -…more
| Energy & Utilities, Taxation

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to…more
| Business Torts, Civil Procedure, Civil Remedies, Electronic Discovery, Intellectual Property

“Restriction Requirements” Series, Part 1: Considering Restrictions When Developing A Claim Filing Strategy

Welcome to the blog’s first post in a series about restriction requirements! This series will explore nuances in restriction requirement law and provide strategies for most effectively handling restriction requirements, both…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

CNA Denies Cyber Insurance Claim

Key takeaway: The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several years…more
| Health, Insurance, Privacy, Science, Computers, & Technology

U.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”—Part 2: The “Best Interest Contract” Exemption

In Part 1 of this series, we reported on recently proposed regulations issued by the U.S. Department of Labor amending the definition of the term “fiduciary” under the Employee Retirement Income Security Act (“ERISA”) and the…more
| Labor & Employment Law, Finance & Banking, Insurance, Securities Law

Are Cosmetics Gaining Higher Congressional and FDA Scrutiny?

Currently, FDA regulates cosmetics to ensure they are not adulterated or misbranded, but does not have the authority to order cosmetic recalls or require adverse event reporting. Senators Dianne Feinstein (D-CA) and Susan…more
| Administrative Law, Consumer Protection, Science, Computers, & Technology

Lowering the Bar: Fourth Circuit Rules Single Incident Sufficient to Trigger Title VII Hostile Work Environment Claim

Out with the old and in with the new. In a decision issued last week, the 4th Circuit Court of Appeals held that a single incident of harassment was sufficient to move a harassment claim forward. This decision is certainly a…more
| Civil Rights, Labor & Employment Law

Privacy Monday – May 18, 2015

It’s Monday morning — do you know your privacy/security status? Here are a few bits and bytes to start your week. SEC to Registered Investment Advisers and Broker-Dealers: It’s Your Turn to Pay Attention to…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

21st Century Cures Legislation “Punts” on Telemedicine

On May 13, 2015, the House Energy and Commerce Committee released the latest draft of its 21st Century Cures Legislation. The proposed legislation includes certain telehealth-related provisions that, among other things, request…more
| Health, Science, Computers, & Technology

Surprise! You Get to Arbitrate! Massachusetts Courts Continue to Permit Third Parties to Enforce Arbitration Agreements

Two Massachusetts decisions—including one from the state’s highest court—applied the same standard regarding enforcement of an agreement to arbitrate. In each case, plaintiffs signed arbitration agreements with another party. …more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

PTAB Clarifies Protocol for Expanded Post-Grant Panels

Today the Patent Trial and Appeal Board (“Board”) posted on its website Revision 14 of its Standard Operating Procedure 1 (SOP 1). SOP 1 covers the assignment of Administrative Patent Judges to merits panels, interlocutory…more
| Administrative Law, Civil Procedure, Intellectual Property

Energy & Environment Update - May 2015 #2

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Education - Department of State - Department of Treasury -…more
| Elections & Politics, Energy & Utilities, Environmental Law, International Law & Trade
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