Ropes & Gray LLP

Prudential Tower 800 Boylston Street
Boston, MA 02199-3600, United States

  • 617 951 7000
  • 617 951 7050

FTC Announces Revised Thresholds for Interlocking Directorates

The Federal Trade Commission has announced revised thresholds for interlocking directorates required under Section 8 of the Clayton Act (15 U.S.C. § 19(a)(5)). The revised thresholds took effect January 21, 2015…more
| Antitrust & Trade Regulation, Business Organizations

Supreme Court Rules that Trademark “Tacking” Is a Question for the Jury

On January 21, 2015, the Supreme Court in Hana Financial, Inc. v. Hana Bank, No. 13-1211, unanimously held that whether different versions of a trademark may be “tacked” for purposes of determining priority is a jury question…more
| Civil Procedure, Finance & Banking, Intellectual Property

Patent Trial and Appeal Board Rejects Petitions for Covered Business Method Patent Review of Orange Book-Listed Patents Claiming Methods of Controlling Access to Sensitive Drugs

On January 13, 2015, the Patent Trial and Appeal Board (PTAB) denied institution of four Covered Business Method (CBM) patent reviews of Orange Book-listed patents owned by Jazz Pharmaceuticals plc (“Jazz”), holding that the…more
| Intellectual Property, Science, Computers, & Technology

Supreme Court Rules that the “Clear Error” Standard Applies When Factual Determinations Underlying Claim Construction Are Reviewed on Appeal in Teva v. Sandoz

On January 20, 2015, the Supreme Court, in a 7-2 decision, held in Teva Pharms. USA, Inc. v. Sandoz, Inc., that an appellate court must apply a “clear error” standard of review when assessing a trial judge’s resolution of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

FTC Announces Increased HSR Thresholds

The Federal Trade Commission has announced revised jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“the Act”), as amended. The new thresholds under the Act have increased…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

Online Retailer Zappos.com Reaches Settlement with Nine Attorneys General Over Data Security Breach

Last week, the online shoe and clothing retailer Zappos.com, Inc., reached a settlement with nine state Attorneys General over a 2012 data security breach that allegedly exposed the personal information of more than 24 million…more
| Civil Remedies, Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

A “Pivotal Time” for the UK Serious Fraud Office: SFO Secures First Convictions Against Individuals and a Corporation for Bribery Offenses

In December 2014, the U.K. Serious Fraud Office (“SFO”) secured its first criminal convictions against a number of individuals for offenses under the Bribery Act 2010 (the “Act”) and, in a separate case, a corporation for…more
| Commercial Law & Contracts, Criminal Law, International Law & Trade

President Obama Announces New Federal Data Breach, Student Privacy and Consumer Privacy Legislative Initiatives

On Monday January 12, President Barack Obama announced several new proposals aimed at protecting consumer and student data in the digital age. The proposals will center on three pieces of proposed legislation, addressing…more
| Commercial Law & Contracts, Education, Privacy, Consumer Protection, Science, Computers, & Technology

EMIR – European Commission Responds to Draft RTS on IRS Clearing

The European Commission has publicized its decision to endorse draft regulatory technical standards (“RTS”) submitted to it by the European Securities and Markets Authority (“ESMA”) on the clearing of interest rate OTC…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Annual Notices for ISOs and ESPPs due February 2, 2015

Companies that grant incentive stock options (ISOs) are required to provide notices to current and former employees who exercised ISOs during the preceding calendar year. Similar notices must be given to current and former…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law, Taxation

D.C. Circuit Affirms Dismissal of FCA Claims Based on Avoidance of Customs Duties

In United States ex rel. Doe v. Staples, Inc., the Court of Appeals for the District of Columbia Circuit recently affirmed the dismissal of claims alleging that three major office retail suppliers falsely declared to U.S…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, International Law & Trade

NLRB Allows Employees to Use Employer Email Systems for Organizing Purposes, and Issues New Speedy Union Election Rule

The National Labor Relations Board (NLRB) has implemented dramatic changes that will greatly limit the ability of employers to respond to union organizing efforts. Last month, the NLRB held in Purple Communications, Inc. and…more
| Constitutional Law, Labor & Employment Law

IRS Releases Final Regulations on Requirements for Tax-Exempt Hospitals Under Section 501(r)

On December 29, 2014, final regulations were released under Internal Revenue Code section 501(r). Enacted as part of the Patient Protection and Affordable Care Act in 2010 (the “ACA”), section 501(r) requires tax-exempt hospital…more
| Health

China Introduces New Medical Device GMP and GSP Rules

In December 2014, China’s Food and Drug Administration (“CFDA”) revised the existing provisional Good Manufacturing Practices for medical devices (“New GMP”), and issued the country’s first Good Supply Practices for medical…more
| Health, Science, Computers, & Technology

Recent Changes to the BEA Foreign Direct Investment Reporting

The U.S. Department of Commerce, through the Bureau of Economic Analysis (the “BEA”), requires certain U.S. entities (such as investment funds or their portfolio companies) to file annual reports of foreign direct investments…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law
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