Ropes & Gray LLP

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Boston, MA 02199-3600, United States

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New York Establishes New Cyber Security Examination Process for Financial Institutions

New York’s Department of Financial Services released a letter on December 10, 2014, announcing the details of its plan to focus more attention on cyber security matters in conducting examinations. Directed at New York-chartered…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

U.S. Supreme Court to Review Whether Post-Patent Term Royalty Schemes Lawful

On Friday, December 12, 2014, the U.S. Supreme Court granted certiorari on Kimble v. Marvel Enterprises, Inc., No. 13-720, opening the possibility that the Supreme Court will overturn Brulotte v. Thys Co., 379 U.S. 29 (1964),…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Federal Circuit Rules Against Patent Declaratory Judgment Actions Before Biosimilar Application Is Filed

On December 5, 2014, the Federal Circuit issued its opinion in Sandoz Inc. v. Amgen Inc. et al. In a unanimous panel opinion (Judges Dyk, Taranto and Chen), the Court held that clinical trials initiated to support a possible…more
| Civil Procedure, Civil Remedies, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Second Circuit Raises the Bar for Proving Tippee Liability

Wednesday, the U.S. Court of Appeals for the Second Circuit vacated the criminal insider trading convictions of two former hedge fund managers, and in doing so, clarified the elements required to prove an insider trading charge…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Securities Law

EU Short Selling – Sovereign Debt

The Council of the European Union has, on 1 December 2014, published a provisional version of a press release announcing its decision not to object to the adoption by the Commission of a regulation on the notification of…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

SEC Grants No-Action Relief to Whole Foods to Exclude Proxy Access Shareholder Proposal

On December 1, 2014, the staff of the Securities and Exchange Commission granted no-action relief to Whole Foods Market regarding its request to omit a shareholder proposal from its proxy materials pursuant to Rule 14a-8(i)(9)…more
| Commercial Law & Contracts, Securities Law

Medicare Shared Savings Program: CMS Announces Proposed Changes Affecting All ACOs

On December 1, 2014, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule that would implement changes to the Medicare Shared Savings Program (“MSSP”). We summarized the original rules, finalized on…more
| Business Organizations, Health

HHS to Audit Hospital Reporting of GPO Payments: GAO Report Suggests Further Scrutiny of GPO Shareback with Hospitals

On November 24, 2014, the Government Accountability Office (“GAO”) published a report examining the contracting practices and funding structures of health care group purchasing organizations (“GPOs”) and their potential impacts…more
| Administrative Law, Health, Insurance

Massachusetts Paid Sick Time Law: What Does This Mean For Me?

In November, Massachusetts voters approved a ballot initiative that requires employers to provide sick time for all employees. Under this new law taking effect July 1, 2015, all employers in Massachusetts must allow employees to…more
| Labor & Employment Law

Recent Developments in Successor Liability under the FCPA and UK Bribery Act

I. New Guidance from the DOJ - On November 7, 2014, the Department of Justice (“DOJ”) issued a Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release 14-02 (the “DOJ Opinion”) that provides real-world guidance…more
| Commercial Law & Contracts, Mergers & Acquisitions, International Law & Trade, Securities Law

FDA Draft Guidance Clarifies Criteria and Process for Obtaining Rare Pediatric Disease Priority Review Vouchers

On November 17, 2014, the Food and Drug Administration (“FDA”) released a draft guidance entitled Rare Pediatric Disease Priority Review Vouchers, which describes an incentive program for the development of drugs intended to…more
| Administrative Law, Health, Science, Computers, & Technology

China Issues Draft Guidance on Multi-Regional Clinical Trials

On November 21, 2014, China Food and Drug Administration (“CFDA”) released a Draft Guidance on Multi-Regional Clinical Trials (Provisional) (“Guidance”) for public comments through December 21. The Guidance aims to set forth…more
| Commercial Law & Contracts, Health, International Law & Trade, Science, Computers, & Technology

Update on Leveraged Lending Guidance; November 24, 2014

On November 7, the Federal Reserve, FDIC and OCC jointly published answers to Frequently Asked Questions (“FAQs”) about the implementation of the March 2013 Interagency Guidance on Leveraged Lending. Highlights of the FAQs…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

New ISDA Protocol Will Limit Buy-Side Remedies in a Financial Institution Failure

The ISDA 2014 Resolution Stay Protocol, published on November 12, 2014, by the International Swaps and Derivatives Association, Inc. (ISDA), represents a significant shift in the terms of the over-the-counter derivatives market…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Federal Circuit Reinvigorates “Original Patent” Requirement of 35 U.S.C. § 251 For Reissue Patents

On November 17, 2014, the Court of Appeals for the Federal Circuit, in Antares Pharma, Inc. v. medac Pharma Inc. and medac GmbH, ruled in favor of Ropes & Gray client Medac and breathed new life into the “original patent”…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
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