Ropes & Gray LLP

SEC Requests Public Comment on Issues Concerning Exchange-Traded Products

On June 12, 2015, the SEC published a Request for Comment (the “Request”) seeking public comment on topics related to the SEC’s oversight of the listing and trading of exchange-traded products (“ETPs”) on national securities…more
| Commercial Law & Contracts, Securities Law

Supreme Court Upholds Availability of Affordable Care Act Subsidies in States with Federally-Run Exchanges

On Thursday, June 25, 2015, the Supreme Court of the United States issued a 6-3 decision in King v. Burwell, ruling that the health insurance subsidies under the Affordable Care Act would be available in all states, including…more
| Health, Insurance, Taxation

U.S. Supreme Court Preserves 50-Year-Old Rule Barring Post-Patent Royalties

On Monday, June 22, 2015, the U.S. Supreme Court issued a 6-3 decision in Kimble v. Marvel Entertainment, declining to reverse longstanding, yet controversial, precedent holding post-patent term royalties to be unlawful per se…more
| Civil Procedure, Civil Remedies, Intellectual Property

Federal Circuit En Banc Decision in Williamson v. Citrix Overrules Long Line of Precedent Regarding Functional Claiming and § 112, Para. 6

On June 16, 2015, the Federal Circuit issued its decision in Williamson v. Citrix Online, overruling en banc a long line of precedent regarding functional claiming and affirming a District Court decision finding asserted claims…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Finds Revolutionary Non-Invasive Fetal DNA Test Method Unpatentable Under Mayo

On June 12, 2015, in Ariosa Diagnostics, Inc. et. al. v. Sequenom, Inc. et. al., the Court of Appeals for the Federal Circuit invalidated claims in U.S. Patent 6,258,540 directed to methods for detecting paternally inherited…more
| Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Second Circuit Decision Could Disrupt Secondary Market for Bank-Originated Loans

A May 22, 2015 decision by the U.S. Court of Appeals for the Second Circuit appears to disturb the generally settled body of law concerning the status of non-bank investors with respect to applicable usury laws for…more
| Commercial Law & Contracts, Conflict of Laws, Consumer Protection, Finance & Banking

Medicare Shared Savings Program: CMS Finalizes Changes Affecting All ACOs

On June 4, 2015, the Centers for Medicare & Medicaid Services (“CMS”), issued a final rule (the “Final Rule”) implementing changes to the Medicare Shared Savings Program (“MSSP”). The Final Rule addresses matters raised in a…more
| Health

SEC Proposes More Frequent and Detailed Fund Holdings Disclosure, Website Delivery of Shareholder Reports

On May 20, 2015, the SEC proposed new and amended rules and forms (the “Proposals”) that, if adopted, will significantly broaden the type and scope of information reported by registered investment companies. The Proposals, which…more
| Business Organizations, Commercial Law & Contracts, Securities Law

SEC Proposes Amendments to Form ADV and Recordkeeping Rule

In late May, the Securities and Exchange Commission (the “SEC”) proposed rules that would amend portions of Form ADV and rules promulgated under the Investment Adviser Act of 1940 (the “Advisers Act”). The proposed amendments…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

New York City Council Prohibits Employers from Requesting or Using Credit History to Evaluate Applicants and Employees

New York City Mayor Bill de Blasio has signed into law a bill prohibiting employers from using credit checks for employment purposes, which will take effect on September 2, 2015. The new law makes it an unlawful…more
| Civil Rights, Labor & Employment Law, Finance & Banking

The SEC’s Current Views on Private Equity OCIE is still focused on fees and expenses, but also is turning its attention to real estate and co-investments

As a follow-up to last year’s “Spreading Sunshine in Private Equity” speech, in which then-OCIE Director Andrew Bowden stated that the SEC had found that more than half of the funds examined by OCIE had allocated expenses and…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Securities Law

FINRA Approves Use of Related Performance in Mutual Fund Marketing Materials to Institutional Investors

On May 12, 2015, the FINRA staff published an interpretive letter (the “Letter”) permitting FINRA members to include Related Performance Information in mutual fund marketing materials directed at institutional investors…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Supreme Court Unanimously Upholds FCA Statute of Limitation Defense and Clarifies Applicability of the First-to-File Bar in KBR Case

Tuesday, the Supreme Court of the United States released a unanimous opinion in Kellogg Brown & Root Services Inc. v. United States ex rel. Carter, resolving a pair of open procedural questions that frequently arise in False…more
| Civil Procedure, Government Contracting, Military Law

Supreme Court Holds “Good-Faith Belief in Invalidity” Is No Defense to Induced Infringement

On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Systems, Inc. that a defendant’s good-faith belief in the invalidity of the patent-in-suit is not a defense to induced infringement under 35 U.S.C. § 271(b)…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

China FDA Releases Guideline for Medical Device Registration Studies

On May 19, 2015, the China Food and Drug Administration (“CFDA”) unveiled the Technical Guideline Governing Medical Device Clinical Evaluation (“Guideline”). The long-awaited Guideline explains the methodology for clinical…more
| Administrative Law, Health, Science, Computers, & Technology
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