Mintz Levin

Year in Review: The Most Popular Blog Posts of 2016

With President-Elect Donald Trump and his administration officially moving into the White House this Friday, the landscape of energy policy, investment, and incentives could see major changes in 2017. Given this backdrop, it…more
| Elections & Politics, Energy & Utilities, Environmental Law, Science, Computers, & Technology, Transportation

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2018

H-1B visas have long been the U.S. employment visa of choice due to their flexibility for professionals to work in “specialty occupations”. Lately, however, for those employers and prospective employees who are subject to the…more
| Immigration Law

Losing IPR Petitioners May Lack Standing To Appeal

When the Patent Trial and Appeal Board issues a final written decision finding against an IPR Petitioner, can that Petitioner necessarily appeal that adverse decision? In a case of first impression, the Federal Circuit recently…more
| Civil Procedure, Constitutional Law, Intellectual Property

EEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests

The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”). While the guidance is…more
| Civil Rights, Health, Labor & Employment Law

False Labeling Lawsuits Get Hung Up On Faulty Damages Models

Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

European Unified Patent Court Roll-Out Planned For 2017

On January 16, 2017, the European Unified Patent Court (UPC) announced that a Preparatory Committee is currently working under an assumption that the Provisional Application Phase (PAP) of the UPC will presumably begin in May…more
| Intellectual Property, International Law & Trade

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
| Elections & Politics, Health

IP Cases to Watch in 2017

The New Year brings excitement and anticipation of changes for the best. Some of the pending patent cases provide us with ample opportunity to expect something new and, if not always very desirable to everybody, at least…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Pizza! Pizza!: Little Caesar’s Repeated Term Slogans Are Not a “Family of Marks”

Although most people will recognize the ubiquitous PIZZA! PIZZA! slogan mark owned by the pizza chain Little Caesar’s, the company’s collection of repeated term marks does not rise to the level of a “family of marks” according…more
| Intellectual Property

When An Arbitration Clause Sounds Permissive But Is Not — Does “May” Really Mean “Must”?

Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding arbitration? What if the contract also provides that the right to arbitrate is not…more
| Alternative Dispute Resolution (ADR)

Grassley Continues To Press CMS on Medicaid Drug Rebate Classifications: What Will Be the Fallout?

Back in early October, we were all transfixed by the announced Mylan settlement with the U.S. Department of Justice (DOJ) over Mylan’s alleged underpayments of Medicaid Drug Rebates for the EpiPen. Although Mylan indicated that…more
| Health, Science, Computers, & Technology

FTC Takes Action Against D-Link for Deceptive Practices Endangering the IoT

The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at risk…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

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
| Consumer Protection

Supreme Court Declines to Revisit Broad Personal Jurisdiction Over ANDA Filers

On Monday, January 9, 2017, the U.S. Supreme Court denied, without comment, Mylan Pharmaceuticals’ petition for certiorari to reverse an opinion by the Court of Appeals for the Federal Circuit, which affirmed a broad scope of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Future of the ACA Week 5: The Rep. Tom Price Plan(s)

This week continues our survey of key Republican proposals to “repeal and replace” the Affordable Care Act (ACA). In the past two weeks, we have reviewed the Trump/Pence transition plan, entitled “Healthcare Reform to Make…more
| Elections & Politics, Health, Labor & Employment Law
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