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In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is expected…more
America Invents Act, Derivation Proceeding, First-to-Invent, Inter Partes Review Proceedings, Patent Term Adjustment
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For most consumer product companies, in-house counsel and risk managers can never be too careful when it comes to providing warnings or other disclosures that describe (and qualify) the potential risks and benefits associated…more
Duty to Warn, Manufacturers, Risk Management, Safety Precautions, Warning Labels
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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The district court in Dennis v. Kellogg recently granted preliminary approval of a revised class action settlement. Kellogg is a class action alleging unjust enrichment, as well as violation of California’s Unfair Competition…more
Attorney's Fees, Class Action, Cy Pres Funds, Settlement
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Although partial offers are not particularly common, with only a handful made in the past several years, in some circumstances, they could be an attractive option for companies to consider. One of the most recent was the hostile…more
Consent, EU, London Stock Exchange, Partial Offers, Regulation
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In This Issue:
Regulatory Updates -
SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more
Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules
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See All Updates »
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In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more
Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook
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See All Updates »
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In This Issue:
New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate…more
Add-Back Legislation, Andrew Cuomo, Fraud, Insurers, Investment Tax Credits
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On May 30, 2013, the staff (the “Staff”) of the U.S. Securities and Exchange Commission (the “SEC”) published Frequently Asked Questions (“FAQs”) regarding certain disclosures required under the Dodd-Frank Wall Street Reform and…more
Conflict Mineral Rules, Disclosure Requirements, Dodd-Frank, Form SD, Resource Extraction
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On June 13, 2013, without admitting or denying the allegations, eight former directors of five mutual funds agreed to settle SEC charges that they failed to satisfy their fair valuation responsibilities under federal securities…more
Banking Crisis, Fair Valuation, Mutual Funds, Penalties, SEC
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Table of Contents:
Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency Reform;…more
Capital Requirements, CFPB, Corporate Governance, Credit Ratings, Derivatives
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See All Updates »
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In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers cannot…more
FRAND, Patents, Royalties
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See All Updates »
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On January 10, 2013, the U.S. Federal Trade Commission, the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended, and its filing requirements, announced the…more
Exemptions, FTC, Hart-Scott-Rodino Act, Notifications, Pre-Merger Filing Requirements
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See All Updates »
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This year has proven to be an interesting one for the covered bond market, and we anticipate that 2013 will bring many important new developments. During 2012, the covered bond market continued to provide attractive financing…more
Bonds, Covered Bonds, EU, Foreign Banks, SEC
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See All Updates »
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Shareholder class and derivative suits quickly follow virtually every significant merger announcement. The vast majority of those suits that are not dismissed settle quickly, with the defendant corporation typically agreeing to…more
Attorney's Fees, Derivative Suit, Fees, Settlement, Shareholder Litigation
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Introduction -
An acquisition of any U.S. corporation involves numerous legal and business issues. This memorandum addresses the principal legal issues involved in acquiring control of U.S. corporations whose shares are…more
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In This Issue:
Due Diligence Procedures for Structured Note Distributors; Key Issues for Yankee CDs; The SEC and FINRA: Protect Your Elders; The FSOC’s 2013 Annual Report: Increasing Exchange-Traded Product Activity; and…more
Broker-Dealer, Due Diligence, Elder Issues, FINRA, FSOC
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See All Updates »
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In This Issue:
Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch.
- Excerpt from Major Publications and Decisions:
Chain principle offer…more
Capital Markets, China, Listing Standards
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In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi…more
Anti-Corruption, Bribery, China, Chinese Communist Party, Conditional Gifts
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In This Issue:
Regulatory Updates - FSOC, FSB Turn Up Heat on SEC on Money Market Fund Reforms; SEC Staff: Beware of BDC Joint Transactions; SEC Reports 3,000 Whistles Blown in FYI 2012; Over 1500 Private Fund Advisers…more
CFTC, CPO, FSB, FSOC, FX Forwards
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As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this…more
China, Data Protection, Penalties, Personally Identifiable Information
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See All Updates »
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Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court strongly reinforced its earlier decision in Wal Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011) that courts must undertake a “rigorous analysis” to…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart
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See All Updates »
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Last week, the U.S. Food and Drug Administration (FDA) sent an enforcement letter to a mobile medical app developer for failing to obtain a 510(k) clearance before marketing the app, which the FDA said appears to be a “device”…more
FDA, FDCA, Healthcare, Medical Devices, Mobile Apps
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See All Updates »
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Just months after the November defeat of California’s Proposition 37, the “California Right to Know Genetically Engineered Food Act,” proponents of labeling genetically modified food have proposed similar disclosure laws in…more
Food Labeling, Genetically Engineered Food, GMO, Proposition 37, Resorts & Restaurants
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The Chinese Ministry of Industry and Information Technology (“MIIT”) issued a draft new Catalogue of Telecommunications Services 2013); the “Draft Catalogue”) for public comment on May 23, 2013.
While the proposed changes…more
China, Internet, MIIT Provisions, Telecommunications
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Commentators have expressed concerns over the rising tide of complaints filed by non-practicing entities (NPEs) in the United States International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act…more
Evidence, ITC, Non-Practicing Entities, Patents, Tariff Act of 1930
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See All Updates »
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In This Issue:
Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more
Amazon, Internet, Internet Retailers, Sales & Use Tax
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See All Updates »
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In a 7-1 decision overruling the Ninth Circuit, the U.S. Supreme Court today upheld the Environmental Protection Agency’s (“EPA”) long-standing interpretation that stormwater run-off from logging roads are exempt from NPDES…more
Discharge of Pollutants, EPA, Logging, NPDES, Permits
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On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how patent…more
America Invents Act, Patent Term Adjustment, Patents, USPTO
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Several weeks ago, the Consumer Financial Protection Bureau (“CFPB”) issued a fair lending guidance bulletin (“Bulletin”) directed at financial institutions that make indirect automobile loans. While the Bulletin thus far has…more
Automotive Industry, CFPB, Compliance, Dodd-Frank, DOJ
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See All Updates »
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In This Issue:
Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch.
- Excerpt from Major Publications and Decisions:
Chain principle offer…more
Capital Markets, China, Listing Standards
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See All Updates »
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In This Issue:
Investor Q&A; Key Regulatory Issues for Strategic Life Sciences Partnerships in China; Compulsory Patent Licensing in China; and New Developments on the “Patentable Subject Matter” Requirement of U.S…more
Biotechnology, China, Compulsory Licenses, Drug Manufacturers, Foreign Copyright Protection
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See All Updates »
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In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more
Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook
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See All Updates »
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On February 20, 2013, the White House released the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets (the “Strategy”), which “recognizes the crucial role of trade secrets in the U.S. economy and sets out a…more
Economic Espionage Act, Mitigation, Theft of Trade Secrets Clarification Act, Trade Secrets
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Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto.
As Bowman wended its way through district court…more
Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion
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Last week the California Air Resources Board (CARB) issued an update to its November 19, 2012 report summarizing the results of the State of California’s first auction of greenhouse gas emissions allowances. The results in the…more
California Air Resources Board, Cap-and-Trade, Greenhouse Gas Emissions
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The Supreme People’s Court of China (the “Supreme Court”) rendered its final judgment on November 7, 2012, in the Haifu Investment Co., Ltd. v. Gansu Shiheng Nonferrous Resources Recycle Company Limited (“Haifu v. Shiheng”)…more
China, Foreign Investment, Private Equity, Shareholders, Value Adjustment Mechanisms
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In This Issue:
Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more
Apportionment, Business Income, Factor Representation, Sales & Use Tax
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Noting the increasingly global nature of financial markets, the U.S. Securities and Exchange Commission (“SEC”) adopted Rule 15a-6 nearly twenty four years ago to facilitate limited access by foreign broker-dealers to customers…more
Broker-Dealer, Rule 15a-6, SEC
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See All Updates »
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Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread abuses…more
Frivolous Lawsuits, Jerry Brown, Proposition 65, Safe Harbors
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See All Updates »
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The Department of Health and Human Services recently amended the Health Insurance Portability and Accountability Act regulations (“HIPAA Rules”) in a way that may make many companies, particularly those in the technology sector,…more
Business Associates, Covered Entities, Data Protection, HHS, HIPAA
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With the imposition of a new 3.8% “net investment income tax” (the “NIIT”) pursuant to Section 1411 of the Internal Revenue Code of 1986, as amended (the “Code”) on passive income and the imposition of an additional .9% on the…more
Fund Managers, Net Investment Income, Self-Employment Tax
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On March 12, 2013, the Federal Trade Commission (“FTC”) issued an update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that:
•…more
Advertising, Disclosure Requirements, Dot Com Disclosure Guide, FTC, Social Media
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The Sixth Circuit recently held that a failure-to-warn claim could proceed against a generic manufacturer that had failed to timely follow the brand-name label. Fulgenzi v. Pliva Inc., Case No. 12-3504 (6th Cir. March 13, 2013)…more
Failure To Warn, FDA, FDCA, Generic Drugs, Labeling
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In This Issue:
House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more
Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA
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See All Updates »
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We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have…more
Facebook, Motion to Dismiss, Passwords, Social Media, Social Media Policy
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The Morrison & Foerster BioMeter for the first quarter of 2013 shows a flat quarter for BioMeter value and a decline in dealmaking activity. A small number of large deals dominate an otherwise quiet quarter.
In the first…more
Biotechnology, OTC, Pharmaceutical, Prescription Drugs, Valuation
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On May 11, 2013, the State Administration of Foreign Exchange (“SAFE”) issued the Provisions for Administration of Foreign Exchange Relating to Inbound Direct Investment by Foreign Investors ( “Circular 21”), effective May 13,…more
China, Foreign Exchanges, Foreign Investment, Registration, SAFE
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In This Issue:
Regulatory Updates -
SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more
Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules
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See All Updates »
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The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing its…more
CEQA, CEQA Reform
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This updates our September 13, 2011 Client Alert entitled “Outline of Japan’s Feed-In Tariff Law for Renewable Electric Energy,” which summarized “The Act on Special Measures Concerning the Procurement of Renewable Electric…more
Electricity, Interconnections, Power Purchase Agreements, Purchase Price, Renewable Energy
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See All Updates »
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Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de Desarrollo…more
Anti-Corruption, DOJ, Enforcement, FCPA, Latin America
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On April 22, 2013, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22, 2013). The question presented in DaimlerChrysler is “whether it violates…more
DaimlerChrysler, Due Process, Foreign Corporations, Forum State, Personal Jurisdiction
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The Supreme Court issued a much-anticipated decision today in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. __ (2013), affirming the Ninth Circuit and holding that securities class action…more
Amgen, Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud-on-the-Market
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See All Updates »
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FINRA recently released a set of frequently asked questions (“FAQs”) relating to its public offering process and the Corporate Financing Rule (Rule 5110). The guidance provided in the FAQs is summarized below.
Underwriting…more
Conflicts of Interest, Corporate Financing Rule, DDPs, FINRA, Lock-Up Requirements
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See All Updates »
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Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread abuses…more
Frivolous Lawsuits, Jerry Brown, Proposition 65, Safe Harbors
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See All Updates »
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Originally published in Privacy & Security Law on 03/18/2013.
There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific regulations…more
Audits, China, Credit Reporting Agencies, Cross-Border, Data Breach
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See All Updates »
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In This Issue:
House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more
Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA
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See All Updates »
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Introduction -
The European Member States must implement the Directive on Alternative Investment Fund Managers (the “AIFMD”), which came into force on July 21, 2011, into their national laws by July 22, 2013. Once the…more
AIFM, AIFMD, Disclosure Requirements, EU, Investment Funds
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See All Updates »
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In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit…more
COPPA, Copyright, FCRA, Free Speech, FTC
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See All Updates »
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Last week, the U.S. Food and Drug Administration (FDA) sent an enforcement letter to a mobile medical app developer for failing to obtain a 510(k) clearance before marketing the app, which the FDA said appears to be a “device”…more
FDA, FDCA, Healthcare, Medical Devices, Mobile Apps
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See All Updates »
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In This Issue:
Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more
Amazon, Internet, Internet Retailers, Sales & Use Tax
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See All Updates »
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Table of Contents:
Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency Reform;…more
Capital Requirements, CFPB, Corporate Governance, Credit Ratings, Derivatives
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See All Updates »
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In This Issue:
Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report.
Excerpt from the Bureau Report:
World’s Most Expensive…more
American Express, CFPB, Chase Bank, Cybersecurity, Debt Collection
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Lawmakers in Washington, D.C., continue to show interest in understanding and developing regulatory proposals relating to mobile apps. The interest appears to be driven, at least in part, by policymakers’ concerns about consumer…more
Data Collection, Data Protection, FTC, Mobile Apps, Mobile Payments
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Last week, the Financial Industry Regulatory Authority (FINRA) publicized penalties against three companies – as well as four associated individuals – that it found had failed to establish and implement adequate procedures for…more
Anti-Money Laundering, Bank Secrecy Act, FINRA, Red Flags Rule
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On June 4, 2013, the Ninth Circuit issued an opinion in Harris v. Amgen, reversing an order granting a motion to dismiss and reviving a class action ERISA lawsuit based on allegedly imprudent investments in company stock. In…more
Amgen, Class Action, Defense Strategies, Duty of Prudence, ERISA
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Employees, like a lot of people, complain. Work may be too hard, it may be too easy, and for many people work may never be quite right. As they say, the grass is always greener on the other side. But when does a passing negative…more
Anti-Retaliation Provisions, Class Action, Complaint Procedures, FLSA, Hiring & Firing
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This week the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) announced that France-based oil and gas company Total S.A. resolved Foreign Corrupt Practices Act (FCPA) charges by agreeing to pay a…more
Bribery, Compliance, DOJ, FCPA, Penalties
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Originally published in BNA’s Banking Report on January 8, 2013.
The rapid growth in the availability and sophistication of cloud computing services — on-demand, scalable information technology services provided over the…more
Big Data, Cloud Computing, Data Protection
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This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax-advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide information…more
Employee Stock Purchase Plans, Form 3921, Form 3922, Incentive Stock Options, IRS
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In This Issue:
Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds…more
ALJ, Appeals, Domicile, Innocent Spouse Exception, QEZE Benefits
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Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently revised…more
Confidentiality, COPPA, FTC, Parental Consent, Personally Identifiable Information
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A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar…more
Bribery, DOJ, FCPA, Interstate Commerce, Magyar Telekom
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Alabama -
The Alabama Department of Revenue, Administrative Law Division, found that a company’s beer distribution rights did not qualify as goodwill under generally accepted accounting principles and, therefore, did not…more
Multistate Tax Commission, Nexus, Sales & Use Tax
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Is the State Administration of Foreign Exchange (“SAFE”) finally loosening its grip on foreign exchange transactions? Not exactly - the baseline principle of control and scrutiny over the flows of money into and out of China…more
China, Foreign Exchanges, Forex, SAFE, Securities
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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In a move that will be welcomed by the U.S. foreign bank community and its clients, the Federal Reserve Board yesterday issued an interim final rule that accords foreign banks’ uninsured U.S. branches and agencies parity with…more
Dodd-Frank, Federal Reserve, Foreign Banks, IDIs, Lincoln Amendment
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See All Updates »
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Several weeks ago, the Consumer Financial Protection Bureau (“CFPB”) issued a fair lending guidance bulletin (“Bulletin”) directed at financial institutions that make indirect automobile loans. While the Bulletin thus far has…more
Automotive Industry, CFPB, Compliance, Dodd-Frank, DOJ
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See All Updates »
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In a world of patent thickets, royalty stacking, and colossal infringement wars, there is a keen interest on the part of patent holders and potential licensees to find ways to make patent licensing more efficient, transparent,…more
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See All Updates »
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In This Issue:
House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more
Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA
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See All Updates »
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This year has proven to be an interesting one for the covered bond market, and we anticipate that 2013 will bring many important new developments. During 2012, the covered bond market continued to provide attractive financing…more
Bonds, Covered Bonds, EU, Foreign Banks, SEC
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See All Updates »
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In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers cannot…more
FRAND, Patents, Royalties
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See All Updates »
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On January 10, 2013, the U.S. Federal Trade Commission, the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended, and its filing requirements, announced the…more
Exemptions, FTC, Hart-Scott-Rodino Act, Notifications, Pre-Merger Filing Requirements
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See All Updates »
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This updates our September 13, 2011 Client Alert entitled “Outline of Japan’s Feed-In Tariff Law for Renewable Electric Energy,” which summarized “The Act on Special Measures Concerning the Procurement of Renewable Electric…more
Electricity, Interconnections, Power Purchase Agreements, Purchase Price, Renewable Energy
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See All Updates »
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Heightened stockholder engagement and influence, a proliferation in the availability of third-party information (including through social media) and a desire for greater corporate transparency and accountability have increased…more
Board of Directors, Confidentiality Policies, Corporate Governance, Data Breach, Data Protection
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See All Updates »
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Background -
As we have previously reported, a Task Force of the International Organization of Securities Commissions (“IOSCO”) published a consultation on financial benchmarks on 11 January 2013 in response, in part, to…more
Benchmarks, Consultation, EU, Governance Standards, IOSCO
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See All Updates »
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In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit…more
COPPA, Copyright, FCRA, Free Speech, FTC
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See All Updates »
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Aerospace and defence companies, foreign intermediaries and anti-corruption legislation are back in the spotlight. On December 6th, Rolls Royce Holdings plc, the world’s second-largest manufacturer of aircraft engines, announced…more
Aerospace, Rolls Royce Holdings, UK Bribery Act
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See All Updates »
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Shareholder class and derivative suits quickly follow virtually every significant merger announcement. The vast majority of those suits that are not dismissed settle quickly, with the defendant corporation typically agreeing to…more
Attorney's Fees, Derivative Suit, Fees, Settlement, Shareholder Litigation
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See All Updates »
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On Friday, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. The decision includes seven separate opinions spanning 135 pages, but the only precedential portion…more
CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents
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In This Issue:
UK’s FCA Restricts Marketing of Unregulated Collective Investment Schemes and Similar Products to Retail Investors; Electronic Structured Note Systems and U.S. Securities Regulation; and Reminders from the…more
Brokers, False Claims Act, Financial Conduct Authority, Financial Services Authority, FINRA
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See All Updates »
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Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart
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See All Updates »
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A. INTRODUCTION -
Courts in the Southern District of New York and elsewhere have issued conflicting decisions regarding the appropriate time period to consider in determining a foreign debtor’s “center of its main…more
Chapter 15, Foreign Defendants, Venue
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See All Updates »
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Commentators have expressed concerns over the rising tide of complaints filed by non-practicing entities (NPEs) in the United States International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act…more
Evidence, ITC, Non-Practicing Entities, Patents, Tariff Act of 1930
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See All Updates »
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On June 4, 2013, the Ninth Circuit issued an opinion in Harris v. Amgen, reversing an order granting a motion to dismiss and reviving a class action ERISA lawsuit based on allegedly imprudent investments in company stock. In…more
Amgen, Class Action, Defense Strategies, Duty of Prudence, ERISA
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See All Updates »
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In This Issue:
Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch.
- Excerpt from Major Publications and Decisions:
Chain principle offer…more
Capital Markets, China, Listing Standards
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See All Updates »
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A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista…more
CFPB, Directors, Nominations, Recess Appointments, Richard Cordray
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On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this is…more
Facebook, Foreign Defendants, FTC, Service of Process, Social Media
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See All Updates »
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Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de Desarrollo…more
Anti-Corruption, DOJ, Enforcement, FCPA, Latin America
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See All Updates »
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This week the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) announced that France-based oil and gas company Total S.A. resolved Foreign Corrupt Practices Act (FCPA) charges by agreeing to pay a…more
Bribery, Compliance, DOJ, FCPA, Penalties
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See All Updates »
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Cooperation. The word is filled with meaning for enforcement professionals. The U.S. Securities and Exchange Commission and the U.S. Department of Justice profess to weigh it heavily when making charging and sanctioning…more
Cooperation Initiative, DOJ, Insider Trading, Penalties, Prison
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See All Updates »
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This updates our September 13, 2011 Client Alert entitled “Outline of Japan’s Feed-In Tariff Law for Renewable Electric Energy,” which summarized “The Act on Special Measures Concerning the Procurement of Renewable Electric…more
Electricity, Interconnections, Power Purchase Agreements, Purchase Price, Renewable Energy
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See All Updates »
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In a move that will be welcomed by the U.S. foreign bank community and its clients, the Federal Reserve Board yesterday issued an interim final rule that accords foreign banks’ uninsured U.S. branches and agencies parity with…more
Dodd-Frank, Federal Reserve, Foreign Banks, IDIs, Lincoln Amendment
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See All Updates »
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A recent FINRA disciplinary action sends a strong message to broker-dealers that the development of their compliance systems — particularly with respect to email review and retention — must keep pace with the growth of their…more
Broker-Dealer, Discovery, Email, FINRA, Recordkeeping Requirements
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See All Updates »
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A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to…more
California Air Resources Board, Cap-and-Trade, Carbon Auctions, Carbon Emissions, Standing
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See All Updates »
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On December 28, 2012, the Standing Committee of the National People’s Congress (“NPC”), China’s legislature, weighed in on the subject of data privacy with its promulgation of the Decision on Reinforcing the Protection of…more
China, Compliance, Data Protection, Penalties
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See All Updates »
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In This Issue:
House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more
Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA
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See All Updates »
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A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar…more
Bribery, DOJ, FCPA, Interstate Commerce, Magyar Telekom
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See All Updates »
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Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the plaintiff…more
Abbott Laboratories, Dear Doctor Letters, Drug Manufacturers, Failure To Warn, FDA
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See All Updates »
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A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between…more
Discovery, ESI, Evidence, Facebook, Gatto v United Air Lines
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See All Updates »
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In This Issue:
- Single Charge for Investment Management Services Found Not Subject to New York Sales Tax.
- Remote Vendor Not “Doing Business” in New York.
- Nonresident Partner’s Loss from 2005 Disposition…more
Advisory Opinions, Bundled Payments, Click-Through Nexus, Investment Management, Partnerships
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See All Updates »
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Today, April 19, 2013, the Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) published in the Federal Register rules and guidelines requiring their respective regulated financial…more
CFTC, Cybersecurity, Data Protection, Dodd-Frank, FCRA
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See All Updates »
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The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing its…more
CEQA, CEQA Reform
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See All Updates »
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A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a putative…more
FDCA, Johnson & Johnson, Misbranding, NLEA, Preemption
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See All Updates »
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The Securities and Exchange Commission today unanimously proposed two alternative requirements for money market funds. First, the SEC would require institutional prime money market funds to operate with a floating net asset…more
Fees, Liquidation, Money Market Funds, NAV, Proposed Regulation
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See All Updates »
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On December 7, 2012, the working group of the finance committee of the Financial Services Agency of Japan (the “Working Group”) issued its final report (the “Final Report”) with respect to the reform of the legal regime of…more
Asset Management, Convertible Bonds, Foreign Investment, Insider Trading, J-REITs
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See All Updates »
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Several weeks ago, the Consumer Financial Protection Bureau (“CFPB”) issued a fair lending guidance bulletin (“Bulletin”) directed at financial institutions that make indirect automobile loans. While the Bulletin thus far has…more
Automotive Industry, CFPB, Compliance, Dodd-Frank, DOJ
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See All Updates »
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California’s second auction of greenhouse gas (GHG) allowances exceeded expectations, with allowances clearing above both the reserve price and the price predicted by leading market analysts. All of the 12.9 million allowances…more
CARB, CARB Allowances, Carbon Auctions, Greenhouse Gas Emissions
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See All Updates »
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In This Issue:
UK’s FCA Restricts Marketing of Unregulated Collective Investment Schemes and Similar Products to Retail Investors; Electronic Structured Note Systems and U.S. Securities Regulation; and Reminders from the…more
Brokers, False Claims Act, Financial Conduct Authority, Financial Services Authority, FINRA
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See All Updates »
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Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc., 246…more
Credit Cards, Data Protection, Marketing, Personally Identifiable Information, ZIP Codes
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See All Updates »
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With the imposition of a new 3.8% “net investment income tax” (the “NIIT”) pursuant to Section 1411 of the Internal Revenue Code of 1986, as amended (the “Code”) on passive income and the imposition of an additional .9% on the…more
Fund Managers, Net Investment Income, Self-Employment Tax
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See All Updates »
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In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi…more
Anti-Corruption, Bribery, China, Chinese Communist Party, Conditional Gifts
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See All Updates »
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China Securities Regulatory Commission (“CSRC”), the securities regulator of the People’s Republic China (the “PRC” or “China”), has scrapped quantitative threshold requirements for Chinese companies applying for offshore…more
China, CSRC, Foreign Investment, Offshore Listings, SEHK
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See All Updates »
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On May 30, 2013, the staff (the “Staff”) of the U.S. Securities and Exchange Commission (the “SEC”) published Frequently Asked Questions (“FAQs”) regarding certain disclosures required under the Dodd-Frank Wall Street Reform and…more
Conflict Mineral Rules, Disclosure Requirements, Dodd-Frank, Form SD, Resource Extraction
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See All Updates »
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Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge.
Many companies are providing for arbitration of disputes in their terms of service agreements governing use…more
American Arbitration Association, Arbitration, Arbitration Agreements, Mandatory Arbitration Clauses, Pre-approval
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See All Updates »
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In This Issue:
- Pregnancy Disability Leave in California: What Should Employers Be Expecting?:
Last year, the Department of Fair Employment and Housing (“DFEH”) implemented new regulations interpreting the…more
CFRA, DFEH, Disability Discrimination, Disability Leave, FEHA
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See All Updates »
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In a move that will be welcomed by the U.S. foreign bank community and its clients, the Federal Reserve Board yesterday issued an interim final rule that accords foreign banks’ uninsured U.S. branches and agencies parity with…more
Dodd-Frank, Federal Reserve, Foreign Banks, IDIs, Lincoln Amendment
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See All Updates »
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As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle…more
Data Collection, Facebook, Profile Technology Inc, Social Media
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See All Updates »
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The Connecticut legislature passed a bill earlier this week that would require food manufacturers to label products that contain GMOs. In case you missed it, the New York Times recently printed an article about the legislation…more
Food Labeling, Food Manufacturers, GMO
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See All Updates »
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A term sheet can play a useful role by allowing the parties to focus on key issues first, without getting bogged down in details. But what happens when a party agrees to a term sheet but insists on very different terms for the…more
Bad Faith, Benefit-of-the-Bargain, Damages, Negotiations, Term Sheets
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See All Updates »
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A federal judge in Minnesota recently dismissed a putative class action accusing General Mills of falsely advertising its Nature Valley granola bars as “100% Natural.” Chin et al. v. General Mills, Inc., Case No…more
Class Action, False Advertising, Food Labeling, General Mills, Motion to Dismiss
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See All Updates »
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Heightened stockholder engagement and influence, a proliferation in the availability of third-party information (including through social media) and a desire for greater corporate transparency and accountability have increased…more
Board of Directors, Confidentiality Policies, Corporate Governance, Data Breach, Data Protection
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See All Updates »
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The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its existing…more
Burden of Proof, Burden-Shifting, Business Justification, Discriminatory Effects Rule, Disparate Impact
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In February 2013, we reported on legislative momentum in the Japanese Diet to bring Japan’s sixty-year-old election laws into the brave new world of Web 2.0. On April 19, 2013, that reform effort came to fruition, when a bill…more
Blogs, Facebook, Internet, New Legislation, Political Campaigns
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See All Updates »
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In This Issue:
- Single Charge for Investment Management Services Found Not Subject to New York Sales Tax.
- Remote Vendor Not “Doing Business” in New York.
- Nonresident Partner’s Loss from 2005 Disposition…more
Advisory Opinions, Bundled Payments, Click-Through Nexus, Investment Management, Partnerships
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See All Updates »
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Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto.
As Bowman wended its way through district court…more
Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion
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In November, Walter Beineke petitioned the Supreme Court for review of a Federal Circuit decision affirming the rejection of two plant patents on tree varieties that he discovered as not patent-eligible. This month, the PTO…more
Kappos, Patents, Plant Patents, SCOTUS, Utility Patents
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See All Updates »
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Originally published in Private Client Multi-Jurisdictional Guide 2012/13.
In This Issue:
Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more
Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney
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See All Updates »
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The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second…more
Already LLC, Covenant Not to Sue, Declaratory Relief, Infringement, Mootness
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See All Updates »
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A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to…more
California Air Resources Board, Cap-and-Trade, Carbon Auctions, Carbon Emissions, Standing
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See All Updates »
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It is no news that Section 15(b) of the Consumer Product Safety Act (the Act) requires immediate reporting to the Consumer Product Safety Commission (CPSC) of any information which could support the conclusion that a product…more
Compliance, CPSC, Reporting Requirements, Safety Precautions, Settlement
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See All Updates »
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In This Issue:
Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more
Apportionment, Business Income, Factor Representation, Sales & Use Tax
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See All Updates »
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The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s…more
AT&T, GAO, Marine Corps, Waivers
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See All Updates »
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In This Issue:
House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more
Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA
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See All Updates »
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According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in…more
Facebook, Non-Solicitation Agreements, Preliminary Injunctions, Social Media
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See All Updates »
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Today in Harris v. City of Santa Monica, the California Supreme Court, in a decision that favors employers, answered this question: “What is the trier of fact to do when it finds that a mix of discrimination and legitimate…more
Discrimination, Mixed Motive Cases
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See All Updates »
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In This Issue:
FINRA’s 2013 Communication Rules and Revisions to MSDAs; Regulation R and Bank Sales of Structured Products; FCA Temporary Product; and Intervention Rules: Nipping It in the Bud.
Excerpt from FINRA’s…more
Broker-Dealer, Distribution Rules, Financial Conduct Authority, FINRA, FSMA
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See All Updates »
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Last week—the week of May 12, 2013—proved to be an eventful week for Aereo.
On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of New…more
Aereo, Copyright, Summary Judgment, Television Broadcast Stations, The Copyright Act
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi…more
Anti-Corruption, Bribery, China, Chinese Communist Party, Conditional Gifts
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See All Updates »
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One silver lining to the American Taxpayer Relief Act of 2012 (“ATRA”) is that it extended the 100% exclusion for capital gain on qualified small business stock (“QSBS”) acquired between 2010 and 2011 to include stock purchased…more
Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion
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See All Updates »
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On July 26, 2012, the United States Patent and Trademark Office (USPTO) published proposed Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act (AIA), which become…more
America Invents Act, Final Examination, First-to-File, Intervening Disclosures, On-Sale Bar
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See All Updates »
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Last week, the White House once again weighed in on the issue of patent troll litigation, releasing a list of legislative recommendations and executive actions “designed to protect innovators from frivolous litigation and ensure…more
Patent Trolls, Patents
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See All Updates »
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Cooperation. The word is filled with meaning for enforcement professionals. The U.S. Securities and Exchange Commission and the U.S. Department of Justice profess to weigh it heavily when making charging and sanctioning…more
Cooperation Initiative, DOJ, Insider Trading, Penalties, Prison
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See All Updates »
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Handing a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the Song-Beverly…more
Apple, Credit Cards, E-Commerce, Electronically Downloaded Products, Internet Retailers
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See All Updates »
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Although partial offers are not particularly common, with only a handful made in the past several years, in some circumstances, they could be an attractive option for companies to consider. One of the most recent was the hostile…more
Consent, EU, London Stock Exchange, Partial Offers, Regulation
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See All Updates »
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On September 21, 2012, the Ministry of Commerce (“MOFCOM”) promulgated the Interim Provisions of the Ministry of Commerce for Equity Contribution in Relation to Foreign-Invested Enterprises (the “Provisions”), effective as of…more
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See All Updates »
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On May 30, 2013, the staff (the “Staff”) of the U.S. Securities and Exchange Commission (the “SEC”) published Frequently Asked Questions (“FAQs”) regarding certain disclosures required under the Dodd-Frank Wall Street Reform and…more
Conflict Mineral Rules, Disclosure Requirements, Dodd-Frank, Form SD, Resource Extraction
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See All Updates »
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In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more
Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook
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See All Updates »
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On May 11, 2013, the State Administration of Foreign Exchange (“SAFE”) issued the Provisions for Administration of Foreign Exchange Relating to Inbound Direct Investment by Foreign Investors ( “Circular 21”), effective May 13,…more
China, Foreign Exchanges, Foreign Investment, Registration, SAFE
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See All Updates »
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At the end of last week, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Noel Canning v. National Labor Relations Board, holding that President Obama’s recess appointments to the National…more
Barack Obama, Canning v NLRB, CFPB, NLRB, Political Appointments
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See All Updates »
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In the immediate aftermath of the crisis, it’s possible that those who identified securitisation as a financing model, rather than loan origination practices, as a principal cause of the crisis were all too ready to charge ahead…more
CFPB, Derivatives, Dodd-Frank, FDIC, Financing
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See All Updates »
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An internal investigation is any effort to gather and analyze facts to help make a decision. Morrison & Foerster managing partner Craig Martin has overseen more than a dozen such efforts. His advice..…more
Internal Investigations
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See All Updates »
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The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the…more
Airlines, ATSA, Certiorari, Defamation, Immunity
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See All Updates »
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The European Commission plans to introduce new rules to improve the safety regime applicable to non-food consumer products distributed in the EU.
The Commission has put forward a new package of measures to provide more…more
Consumer Product Safety Commission, Distributors, European Commission, Importers, Manufacturers
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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On January 1, 2013, the Senate and the House of Representatives passed the American Taxpayer Relief Act of 2012 (ATRA), averting the so-called “fiscal cliff.” The legislation, which was signed by President Obama on January 2,…more
American Taxpayer Relief Act, Charitable Donations, Estate Tax, Exemptions, Fiscal Cliff
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See All Updates »
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Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc., 246…more
Credit Cards, Data Protection, Marketing, Personally Identifiable Information, ZIP Codes
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See All Updates »
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In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is expected…more
America Invents Act, Derivation Proceeding, First-to-Invent, Inter Partes Review Proceedings, Patent Term Adjustment
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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The Chinese Ministry of Industry and Information Technology (“MIIT”) issued a draft new Catalogue of Telecommunications Services 2013); the “Draft Catalogue”) for public comment on May 23, 2013.
While the proposed changes…more
China, Internet, MIIT Provisions, Telecommunications
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See All Updates »
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The Department of Health and Human Services recently amended the Health Insurance Portability and Accountability Act regulations (“HIPAA Rules”) in a way that may make many companies, particularly those in the technology sector,…more
Business Associates, Covered Entities, Data Protection, HHS, HIPAA
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See All Updates »
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On April 12, 2013, the UK’s Office of Fair Trading (OFT), the UK regulator for consumer affairs and competition, announced that it was launching an investigation into children’s web- and app-based games. In particular, the OFT…more
Advertising, Children's Products, EU, Marketing, Mobile Apps
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See All Updates »
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In a move that will be welcomed by the U.S. foreign bank community and its clients, the Federal Reserve Board yesterday issued an interim final rule that accords foreign banks’ uninsured U.S. branches and agencies parity with…more
Dodd-Frank, Federal Reserve, Foreign Banks, IDIs, Lincoln Amendment
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See All Updates »
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Full Speed Ahead: Employment and Labor Initiatives During the President’s Second Term -
The purpose of this Commentary (and next month’s) is to provide a forward-looking view of the regulatory and enforcement priorities of…more
Affirmative Action, EEOC, FLSA, OSHA, Wage and Hour
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SUMMARY OF DECISION -
In FTC v. Actavis, Inc., 570 U.S. ____ (Slip Op. June 17, 2013), the Supreme Court addressed for the first time the underlying antitrust merits of the Federal Trade Commission’s long-running campaign…more
Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Patents
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See All Updates »
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A. INTRODUCTION -
Courts in the Southern District of New York and elsewhere have issued conflicting decisions regarding the appropriate time period to consider in determining a foreign debtor’s “center of its main…more
Chapter 15, Foreign Defendants, Venue
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See All Updates »
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In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is expected…more
America Invents Act, Derivation Proceeding, First-to-Invent, Inter Partes Review Proceedings, Patent Term Adjustment
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See All Updates »
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The Consumer Financial Protection Bureau (“CFPB”) has sent warning letters to several nationwide specialty consumer reporting agencies (“CRAs”), notifying the CRAs that the CFPB believes that the CRAs are not complying with the…more
CFPB, Credit Reporting Agencies, Credit Reports, FCRA
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See All Updates »
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This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax-advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide information…more
Employee Stock Purchase Plans, Form 3921, Form 3922, Incentive Stock Options, IRS
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See All Updates »
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The Chinese Ministry of Industry and Information Technology (“MIIT”) issued a draft new Catalogue of Telecommunications Services 2013); the “Draft Catalogue”) for public comment on May 23, 2013.
While the proposed changes…more
China, Internet, MIIT Provisions, Telecommunications
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See All Updates »
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Originally published in Private Client Multi-Jurisdictional Guide 2012/13.
In This Issue:
Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more
Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney
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See All Updates »
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In This Issue:
Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch.
- Excerpt from Major Publications and Decisions:
Chain principle offer…more
Capital Markets, China, Listing Standards
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See All Updates »
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In This Issue
SFC’s Consultation Conclusions on Regulation of Hong Kong IPO Sponsors; Statutory Obligation to Disclose Inside Information now Effective; SFC Review of the Exchange’s 2011 Performance; Consultation…more
Capital Markets, Disclosure Requirements, Enforcement, Hong Kong Securities and Futures Commission, Insider Trading
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See All Updates »
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Today, the Supreme Court of the United States heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (No. 12-398) to decide the question, “Are human genes patentable?” The Court’s decision in Myriad…more
DNA, Gene Patenting, Human Genes, Oral Argument, Patent-Eligible Subject Matter
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See All Updates »
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Since 2009, approximately 10 issuances of convertible bonds (“CBs” or “bonds”) have been made by Hong Kong-listed companies. CBs are useful financing tools for companies, especially for small- to mid-sized fast-growing…more
Bonds, Convertible Bonds, Funding
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See All Updates »
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A recent FINRA disciplinary action sends a strong message to broker-dealers that the development of their compliance systems — particularly with respect to email review and retention — must keep pace with the growth of their…more
Broker-Dealer, Discovery, Email, FINRA, Recordkeeping Requirements
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See All Updates »
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California federal courts, particularly those in the Northern District, have become a magnet for food labeling litigation—in particular, cases challenging “All Natural” labels on products containing genetically modified…more
FDA, Food Labeling, Genetically Engineered Food, GMO, Labeling
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See All Updates »
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In This Issue:
Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more
Amazon, Internet, Internet Retailers, Sales & Use Tax
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See All Updates »
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In This Issue:
Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more
Apportionment, Business Income, Factor Representation, Sales & Use Tax
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See All Updates »
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Not surprisingly, private industry frequently considers hiring current and former federal government employees for their experience, knowledge base, and skill sets. As a reaction to the continuing perception, however, that…more
Compliance, Contractors, False Claims Act, Federal Employees, FEMA
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See All Updates »
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SUMMARY OF DECISION -
In FTC v. Actavis, Inc., 570 U.S. ____ (Slip Op. June 17, 2013), the Supreme Court addressed for the first time the underlying antitrust merits of the Federal Trade Commission’s long-running campaign…more
Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Patents
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See All Updates »
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Delaware is offering a voluntary disclosure program, touted by its secretary of state as a “good deal,” to businesses that may not be in compliance with all of Delaware’s unclaimed property reporting requirements. To obtain…more
Voluntary Disclosure, Voluntary Disclosure Agreement
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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The Delaware Court of Chancery, in Kalisman v. Friedman (Apr. 17, 2013), ordered the respective counsels for a company and for a special committee of the company’s board of directors to provide to a dissident director copies of…more
Attorney-Client Privilege, Board of Directors, Right of Access, Rival Director Slate, Work Product Privilege
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See All Updates »
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Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently revised…more
Confidentiality, COPPA, FTC, Parental Consent, Personally Identifiable Information
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See All Updates »
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The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the…more
Airlines, ATSA, Certiorari, Defamation, Immunity
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See All Updates »
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On July 26, 2012, the United States Patent and Trademark Office (USPTO) published proposed Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act (AIA), which become…more
America Invents Act, Final Examination, First-to-File, Intervening Disclosures, On-Sale Bar
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See All Updates »
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In This Issue:
Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more
Apportionment, Business Income, Factor Representation, Sales & Use Tax
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See All Updates »
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Last week, the U.S. Food and Drug Administration (FDA) sent an enforcement letter to a mobile medical app developer for failing to obtain a 510(k) clearance before marketing the app, which the FDA said appears to be a “device”…more
FDA, FDCA, Healthcare, Medical Devices, Mobile Apps
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See All Updates »
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Originally published in the Daily Journal on December 21, 2012.
On Sept. 23 Gov. Jerry Brown signed Assembly Bill 1680 into law. AB 1680 amends California's dissenters' rights statute by (i) eliminating dissenters rights…more
Acquisitions, Dissenters Rights, Fair Market Value, Mergers, Shareholder Rights
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See All Updates »
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The Supreme Court issued its much-anticipated opinion today in Standard Fire Insurance Co. v. Knowles, 568 U.S. __ (2013), holding unanimously that a class action plaintiff cannot avoid removal to federal court under the Class…more
Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction
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See All Updates »
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Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country to…more
Anti-Corruption, Compliance, Consent, Corruption, Data Protection
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See All Updates »
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In the immediate aftermath of the crisis, it’s possible that those who identified securitisation as a financing model, rather than loan origination practices, as a principal cause of the crisis were all too ready to charge ahead…more
CFPB, Derivatives, Dodd-Frank, FDIC, Financing
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See All Updates »
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One silver lining to the American Taxpayer Relief Act of 2012 (“ATRA”) is that it extended the 100% exclusion for capital gain on qualified small business stock (“QSBS”) acquired between 2010 and 2011 to include stock purchased…more
Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion
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See All Updates »
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Lawmakers in Washington, D.C., continue to show interest in understanding and developing regulatory proposals relating to mobile apps. The interest appears to be driven, at least in part, by policymakers’ concerns about consumer…more
Data Collection, Data Protection, FTC, Mobile Apps, Mobile Payments
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See All Updates »
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On May 15, 2013, in a case filed against Google by an entrepreneur selling dietary supplements and cosmetics (the “Plaintiff”), the German Federal Court of Justice in Karlsruhe (Bundesgerichtshof, the “Federal Court”) ruled that…more
Defamation, EU, Google, Keyword Search
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See All Updates »
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The Delaware Chancery Court, in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH (Feb. 22, 2013), held that the acquisition of a company in a reverse triangular merger did not violate a restriction in an existing agreement…more
Assignments, Reverse Triangular Mergers
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See All Updates »
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While the question of patentability of isolated gene sequences awaits resolution at the U.S. Supreme Court, the Australian Federal Court today upheld Myriad Genetics’ patent on methods for screening for cancer-predisposing…more
DNA, Gene Patenting, Human Genes, License Agreements, Myriad
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See All Updates »
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In This Issue:
Regulatory Updates -
SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more
Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules
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See All Updates »
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In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more
Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook
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See All Updates »
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In recent months, three district courts have limited the scope of liability under certain subsections of the Telephone Consumer Protection Act (“TCPA”) for defendants who did not themselves send unsolicited calls, texts, or…more
Advertising, TCPA
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See All Updates »
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In This Issue:
House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more
Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA
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See All Updates »
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Last week, the U.S. Department of Health and Human Services’ Biomedical Advanced Research and Development Authority (“BARDA”) announced that it has used “other transactional authority” to enter into a novel, comprehensive…more
Contract Drafting, Contracting Procedures, GlaxoSmithKline, Medical Research, Prescription Drugs
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See All Updates »
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As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this…more
China, Data Protection, Penalties, Personally Identifiable Information
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See All Updates »
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In Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S. June 10, 2013), the Supreme Court unanimously held that where the parties to an arbitration agreement authorize the arbitrator to decide whether their agreement allows class…more
Arbitration, Arbitration Agreements, Class Action, Contract Interpretation, Federal Arbitration Act
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See All Updates »
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In This Issue:
Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more
Apportionment, Business Income, Factor Representation, Sales & Use Tax
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See All Updates »
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Aerospace and defence companies, foreign intermediaries and anti-corruption legislation are back in the spotlight. On December 6th, Rolls Royce Holdings plc, the world’s second-largest manufacturer of aircraft engines, announced…more
Aerospace, Rolls Royce Holdings, UK Bribery Act
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See All Updates »
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At long last, the United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released their guidance on Foreign Corrupt Practices Act (“FCPA”) compliance and enforcement issues.
The…more
Compliance, DOJ, FCPA, FCPA Resource Guide, SEC
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See All Updates »
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Lawmakers in Washington, D.C., continue to show interest in understanding and developing regulatory proposals relating to mobile apps. The interest appears to be driven, at least in part, by policymakers’ concerns about consumer…more
Data Collection, Data Protection, FTC, Mobile Apps, Mobile Payments
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See All Updates »
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Each year at The SEC Speaks, the Commissioners and senior leadership of the Securities and Exchange Commission identify the agency’s priorities and initiatives for the coming year. Of course, one of the most anticipated…more
Asset Management, Disclosure Requirements, FCPA, Fraud, Insider Trading
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See All Updates »
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In This Issue:
Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report.
Excerpt from the Bureau Report:
World’s Most Expensive…more
American Express, CFPB, Chase Bank, Cybersecurity, Debt Collection
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See All Updates »
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Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework…more
Air Carrier Access Act, Federal Aviation Act, Gilstrap v United Air Lines, Martin ex rel Heckman v Midwest Express, Montalvo v Spirit Airlines
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See All Updates »
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Cooperation. The word is filled with meaning for enforcement professionals. The U.S. Securities and Exchange Commission and the U.S. Department of Justice profess to weigh it heavily when making charging and sanctioning…more
Cooperation Initiative, DOJ, Insider Trading, Penalties, Prison
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See All Updates »
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In This Issue:
Regulatory Updates -
SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more
Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules
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See All Updates »
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Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de Desarrollo…more
Anti-Corruption, DOJ, Enforcement, FCPA, Latin America
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See All Updates »
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In a letter dated March 29, 2013 (the “March 29 Letter”), the Division of Swap Dealer and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “CFTC”), extended by three months, but subject to…more
CFTC, Commodity Pool, CPO, Securitization Vehicles
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See All Updates »
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The Department of Health and Human Services recently amended the Health Insurance Portability and Accountability Act regulations (“HIPAA Rules”) in a way that may make many companies, particularly those in the technology sector,…more
Business Associates, Covered Entities, Data Protection, HHS, HIPAA
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See All Updates »
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In Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S. June 10, 2013), the Supreme Court unanimously held that where the parties to an arbitration agreement authorize the arbitrator to decide whether their agreement allows class…more
Arbitration, Arbitration Agreements, Class Action, Contract Interpretation, Federal Arbitration Act
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See All Updates »
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Originally published in Private Client Multi-Jurisdictional Guide 2012/13.
In This Issue:
Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more
Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney
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See All Updates »
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Today in Harris v. City of Santa Monica, the California Supreme Court, in a decision that favors employers, answered this question: “What is the trier of fact to do when it finds that a mix of discrimination and legitimate…more
Discrimination, Mixed Motive Cases
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See All Updates »
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The Delaware Chancery Court recently enjoined a board of directors from impeding a stockholder’s solicitation of written consents to replace the board, unless the board first approved the stockholder’s nominees for purposes of a…more
Board of Directors, Credit Agreements, Fiduciary Duty, Injunctions, Proxy Put
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See All Updates »
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The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the…more
Airlines, ATSA, Certiorari, Defamation, Immunity
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See All Updates »
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On January 29, 2013, California’s Department of Toxic Substances Control (DTSC) released revisions to the next generation of its proposed consumer product regulations. The draft regulations set out the details of California’s…more
Clean Tech, Consumer Product Safety Improvement Act, Department of Toxic Substances Control, Green Chemistry, Manufacturers
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See All Updates »
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Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework…more
Air Carrier Access Act, Federal Aviation Act, Gilstrap v United Air Lines, Martin ex rel Heckman v Midwest Express, Montalvo v Spirit Airlines
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See All Updates »
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A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to…more
California Air Resources Board, Cap-and-Trade, Carbon Auctions, Carbon Emissions, Standing
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See All Updates »
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In This Issue:
- Single Charge for Investment Management Services Found Not Subject to New York Sales Tax.
- Remote Vendor Not “Doing Business” in New York.
- Nonresident Partner’s Loss from 2005 Disposition…more
Advisory Opinions, Bundled Payments, Click-Through Nexus, Investment Management, Partnerships
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See All Updates »
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A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista…more
CFPB, Directors, Nominations, Recess Appointments, Richard Cordray
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See All Updates »
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Originally published in the American Bar Association on April 1, 2013.
The U.S. Antitrust Agencies Have turned the spotlight on most-favored-nation (MFN) clauses. The Department of Justice is currently litigating two…more
Competition, Contract Drafting, DOJ, FTC, Most-Favored Nations
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country to…more
Anti-Corruption, Compliance, Consent, Corruption, Data Protection
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See All Updates »
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We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have…more
Facebook, Motion to Dismiss, Passwords, Social Media, Social Media Policy
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See All Updates »
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Last week was a busy week for compliance officers and FCPA practitioners. On November 14, the long-awaited FCPA guidance from the DOJ and SEC was released. In the following days, senior DOJ and SEC officials spoke at the…more
Compliance, DOJ, FCPA, FCPA Resource Guide, SEC
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See All Updates »
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The European Court of Human Rights (the “ECHR”) has issued its long awaited judgment in the case of Eweida and Others v the United Kingdom, the joint complaint of four employees that the UK had failed to protect their right to…more
Discrimination, EU, European Court of Human Rights, Religious Discrimination
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See All Updates »
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Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread abuses…more
Frivolous Lawsuits, Jerry Brown, Proposition 65, Safe Harbors
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See All Updates »
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In This Issue:
Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more
Amazon, Internet, Internet Retailers, Sales & Use Tax
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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One silver lining to the American Taxpayer Relief Act of 2012 (“ATRA”) is that it extended the 100% exclusion for capital gain on qualified small business stock (“QSBS”) acquired between 2010 and 2011 to include stock purchased…more
Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion
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See All Updates »
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China property prices have continued to trend upward despite the government’s previous efforts to cool the real estate market. Such efforts include, among others, limiting the number of residential properties that a household…more
Affordable Housing, China, FIRREA, Housing Market, Income Taxes
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See All Updates »
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In This Issue:
Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch.
- Excerpt from Major Publications and Decisions:
Chain principle offer…more
Capital Markets, China, Listing Standards
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See All Updates »
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Table of Contents:
Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency Reform;…more
Capital Requirements, CFPB, Corporate Governance, Credit Ratings, Derivatives
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See All Updates »
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A recent case from the Central District of California brings good news to defendants making preemption arguments under the Nutrition Labeling and Education Act (NLEA) in private surgeon general cases. Cardona v. Target…more
FDA, Food Labeling, NLEA, Preemption
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See All Updates »
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Alabama -
The Alabama Department of Revenue, Administrative Law Division, found that a company’s beer distribution rights did not qualify as goodwill under generally accepted accounting principles and, therefore, did not…more
Multistate Tax Commission, Nexus, Sales & Use Tax
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See All Updates »
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Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more
Arbitration, Barack Obama, CFPB, China, Credit Reports
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See All Updates »
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The Morrison & Foerster BioMeter for the first quarter of 2013 shows a flat quarter for BioMeter value and a decline in dealmaking activity. A small number of large deals dominate an otherwise quiet quarter.
In the first…more
Biotechnology, OTC, Pharmaceutical, Prescription Drugs, Valuation
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See All Updates »
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A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista…more
CFPB, Directors, Nominations, Recess Appointments, Richard Cordray
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See All Updates »
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In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers cannot…more
FRAND, Patents, Royalties
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See All Updates »
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On December 7, 2012, the working group of the finance committee of the Financial Services Agency of Japan (the “Working Group”) issued its final report (the “Final Report”) with respect to the reform of the legal regime of…more
Asset Management, Convertible Bonds, Foreign Investment, Insider Trading, J-REITs
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See All Updates »
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In This Issue:
Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more
Apportionment, Business Income, Factor Representation, Sales & Use Tax
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See All Updates »
|
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The Supreme Court issued its much-anticipated opinion today in Standard Fire Insurance Co. v. Knowles, 568 U.S. __ (2013), holding unanimously that a class action plaintiff cannot avoid removal to federal court under the Class…more
Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction
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See All Updates »
|
|
Not surprisingly, private industry frequently considers hiring current and former federal government employees for their experience, knowledge base, and skill sets. As a reaction to the continuing perception, however, that…more
Compliance, Contractors, False Claims Act, Federal Employees, FEMA
|
See All Updates »
|
|
A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a putative…more
FDCA, Johnson & Johnson, Misbranding, NLEA, Preemption
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See All Updates »
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Originally published in Private Client Multi-Jurisdictional Guide 2012/13.
In This Issue:
Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more
Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney
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See All Updates »
|
|
Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country to…more
Anti-Corruption, Compliance, Consent, Corruption, Data Protection
|
See All Updates »
|
|
In This Issue:
Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch.
- Excerpt from Major Publications and Decisions:
Chain principle offer…more
Capital Markets, China, Listing Standards
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See All Updates »
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In This Issue:
Investor Q&A; Key Regulatory Issues for Strategic Life Sciences Partnerships in China; Compulsory Patent Licensing in China; and New Developments on the “Patentable Subject Matter” Requirement of U.S…more
Biotechnology, China, Compulsory Licenses, Drug Manufacturers, Foreign Copyright Protection
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See All Updates »
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Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto.
As Bowman wended its way through district court…more
Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion
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See All Updates »
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Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework…more
Air Carrier Access Act, Federal Aviation Act, Gilstrap v United Air Lines, Martin ex rel Heckman v Midwest Express, Montalvo v Spirit Airlines
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See All Updates »
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On February 20, 2013, the White House released the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets (the “Strategy”), which “recognizes the crucial role of trade secrets in the U.S. economy and sets out a…more
Economic Espionage Act, Mitigation, Theft of Trade Secrets Clarification Act, Trade Secrets
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See All Updates »
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The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc., holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted work…more
Copyright, Exports, First Sale Doctrine, Imports, Kirtsaeng v. John Wiley & Sons
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See All Updates »
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Last week, the U.S. Department of Health and Human Services’ Biomedical Advanced Research and Development Authority (“BARDA”) announced that it has used “other transactional authority” to enter into a novel, comprehensive…more
Contract Drafting, Contracting Procedures, GlaxoSmithKline, Medical Research, Prescription Drugs
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See All Updates »
|
|
In This Issue:
Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more
Amazon, Internet, Internet Retailers, Sales & Use Tax
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See All Updates »
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Originally published in Privacy & Security Law on 03/18/2013.
There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific regulations…more
Audits, China, Credit Reporting Agencies, Cross-Border, Data Breach
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See All Updates »
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On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how patent…more
America Invents Act, Patent Term Adjustment, Patents, USPTO
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See All Updates »
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The Chinese Ministry of Industry and Information Technology (“MIIT”) issued a draft new Catalogue of Telecommunications Services 2013); the “Draft Catalogue”) for public comment on May 23, 2013.
While the proposed changes…more
China, Internet, MIIT Provisions, Telecommunications
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See All Updates »
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On January 1, 2013, the Senate and the House of Representatives passed the American Taxpayer Relief Act of 2012 (ATRA), averting the so-called “fiscal cliff.” The legislation, which was signed by President Obama on January 2,…more
American Taxpayer Relief Act, Charitable Donations, Estate Tax, Exemptions, Fiscal Cliff
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See All Updates »
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Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other…more
ADA, Business Necessity, Disability, EEOC, Reasonable Accommodation
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See All Updates »
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Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a…more
Copyright, Copyright Infringement, Digital Goods, First Sale Doctrine, Music
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See All Updates »
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