Ropes & Gray LLP

Congress Passes the Defend Trade Secrets Act

On April 4, 2016, the Senate unanimously passed the Defend Trade Secrets Act of 2016 (DTSA), S. 1890, a bill to create the first federal civil remedy for trade secret misappropriation. On April 27, following consideration “under…more
| Civil Remedies, Elections & Politics, Intellectual Property

New York Presbyterian Hospital Settles OCR HIPAA Investigation

On April 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced a $2.2 million settlement with The New York and Presbyterian Hospital (“NYP”) regarding NYP’s impermissible…more
| Art, Entertainment, & Sports Law, Health, Privacy

New Regulations Expand Opportunities for Program-Related Investments

In recently released final regulations, the IRS and the Department of the Treasury have provided additional examples of investments that qualify as program-related investments (“PRIs”) for private foundations. The final…more
| Business Organizations, Taxation

The Impact of the European Unified Patent Court on Filing Strategies

Europe is on the verge of implementing its new Patent System (expected May 2017) with a Unitary Patent and Unified Patent Court (UPC), under which the EU would allow for grant of a unitary patent under the rules and procedures…more
| Intellectual Property, International Law & Trade, Science, Computers, & Technology

What a Nuisance - Owner Liability for Other Persons

As an owner of commercial real estate, could you ever be liable for nuisance committed on the property by someone other than you? The recent decision of the Court of Appeal in Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Privacy Shield Takes a Hit, While GDPR Gets A Boost

The past week has seen a number of key developments in the EU data protection regime – but it has not all been smooth sailing. First, the good news – on 8 April, the European Council formally adopted its position on the…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

DOL Issues “Conflict of Interest” Rule on Investment Advice: Fiduciary Net Will Widen on April 10, 2017

A comprehensive new rule issued by the Department of Labor (the “DOL”) on April 6 will make a much wider group of advisers subject to fiduciary standards under the Employee Retirement Income Security Act (“ERISA”) beginning on…more
| Finance & Banking, Labor & Employment Law, Securities Law

Non-Performing Loans and Securitisation in Europe

Considerable attention has centered in the recent past on the issue of non-performing loans (NPLs) in the European banking system. The focus has been less on securitisation as a viable alternative resolution model and more on…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

DOJ Announces Bigger Stick, Carrot, in FCPA Enforcement

Yesterday, the Fraud Section of the Department of Justice (“DOJ”) issued its Foreign Corrupt Practices Act (“FCPA”) Enforcement Plan and Guidance (the “Guidance”). The Guidance announces the DOJ’s commitment to intensify even…more
| Business Organizations, Commercial Law & Contracts

Sun Capital Partners on Remand: District Court Rules that Related Funds Formed a Partnership-in-Fact Engaged in a Trade or Business

In a recent decision with important implications for private equity funds and their sponsors (Sun Capital Partners v. New England Teamsters), the U.S. District Court for the District of Massachusetts concluded that two private…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law

Novartis Agrees to Settle Bribery Charges Against Chinese Subsidiaries for $25 Million

On March 23, 2015, Swiss-based pharmaceutical company Novartis AG (“Novartis”) reached a civil settlement with the United States Securities and Exchange Commission (“SEC”) for violating the internal controls and books and…more
| Business Organizations, Health, International Law & Trade, Science, Computers, & Technology, Securities Law

U.S. Supreme Court Affirms Class Certification Based on “Representative Evidence” of Liability and Damages

On March 22, 2016, the Supreme Court of the United States issued a 6-2 opinion in Tyson Foods, Inc. v. Bouaphakeo, affirming the certification of a class based on the “representative evidence” of a statistical sample used to…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

USPTO Amends Rules of Practice for Trials Before the Patent Trial and Appeal Board

On April 1, 2016, the U.S. Patent and Trademark Office (PTO) issued a series of amendments to the rules of practice for trials at the Patent Trial and Appeal Board (PTAB). The new rules were published today, April 1, in the…more
| Intellectual Property, Science, Computers, & Technology

En Banc Federal Circuit Declines to Re-hear Decision Restricting ITC’s Ability to Regulate Electronic Transmissions

On March 31, 2016, an en banc Federal Circuit issued a per curiam order declining petitions for en banc review of its November 10, 2015, decision in ClearCorrect Operating, LLC v. Int’l Trade Comm’n (No. 2014-1527), in which the…more
| Civil Procedure, International Law & Trade, Science, Computers, & Technology, Taxation

FTC Launches Study of Assessment Process for Payment Card Industry Data Security Standards

On March 7, the FTC announced a study of Payment Card Industry Data Security Standard (“PCI DSS”) assessments – the audits required of certain merchants pursuant to rules imposed by payment card brands such as Visa and…more
| Antitrust & Trade Regulation, Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology
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