BakerHostetler

What to Expect From FTC during Trump Administration: New Leader Illuminates

On Jan. 25, President Trump named Maureen Ohlhausen as the Federal Trade Commission’s acting chairwoman. A recent speech by Ohlhausen, who has served as a commissioner for the FTC since 2012, shed some light on the role the FTC…more
| Antitrust & Trade Regulation

Federal Circuit Looks to Provisional Patent Application in Determining Claim Scope

Differences between a provisional patent application and a nonprovisional application claiming priority to the provisional application may inform claim construction, following the Federal Circuit’s recent decision in MPHJ Tech…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

When Obvious Isn’t Obvious: Personal Web Technologies

On Valentine’s Day 2017, the Court of Appeals for the Federal Circuit vacated the Patent Trial and Appeal Board’s conclusions of obviousness in Personal Web Technologies, LLC due to insufficient analysis in the board’s decision…more
| Intellectual Property, Science, Computers, & Technology

Amendment 7 Stands Its Ground Against the Federal Patient Safety and Quality Improvement Act

It is well known in Florida that Article X, Section 25 of the Florida Constitution (Amendment 7) provides patients with access to any adverse medical incident report (even involving other patients) created by healthcare…more
| Conflict of Laws, Constitutional Law, Health

Ninth Circuit Holds That Rule Allowing Curing Debtors to Avoid Contractual Post-Default Interest Is No Longer Valid

The Ninth Circuit recently ruled that a Chapter 11 debtor could not avoid the payment of default interest under a promissory note as a condition to curing and reinstating such promissory note under a Chapter 11 plan. In Pacifica…more
| Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking

New York Appellate Court Declines to Enforce Noncompetes Against Employees Terminated Without Cause

A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (1st Dep’t. 2016), suggests that noncompetition restrictions against…more
| Commercial Law & Contracts, Labor & Employment Law

Capitol Hill Healthcare Update

Three weeks into President Trump’s administration, the Senate on Friday narrowly approved Tom Price as Secretary of the U.S. Department of Health and Human Services (HHS), elevating the former orthopedic surgeon as Trump’s point…more
| Elections & Politics, Health

Licensees Stymied by Sovereign Immunity Both in Federal Court and at PTAB

Licensees Covidien LP, Medtronic PLC, and Medtronic, Inc., failed to obtain any relief, at least so far, in federal court or at the Patent Trial and Appeal Board (PTAB) because of parallel holdings that patent owner University…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Final Rule Expands OIG Exclusion Authority

On January 12, 2017, less than a week before the official transition from one administration to the next, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a rule finalizing changes…more
| Government Contracting, Health

Attorney General Sessions' Focus on Fraud Enforcement to Have Immediate Impact on Federal Government Contractors

Today, Feb. 9, former U.S. Senator Jeff Sessions was sworn in as the 84th Attorney General of the United States. While today marked only the beginning of his term, Attorney General Sessions’ record as a former federal prosecutor…more
| Elections & Politics, Government Contracting

Courts’ Consistent Application of Stevens to State Institutions of Higher Learning

The United States Supreme Court recently declined review of the First Circuit Court of Appeals’ ruling that the University of Massachusetts Medical School was an “arm of the state,” and thus, not subject to the federal False…more
| Education, Government Contracting, Health

New AG Sessions Promises to Enforce FCPA and Hold Individuals Accountable

Following a record year for Foreign Corrupt Practices Act (“FCPA”) enforcement and policy declarations affecting corporate actors, recent statements by U.S. Attorney General Jeff Sessions confirms that the new administration…more
| Business Organizations, International Law & Trade

[Event] Who's in the Driver's Seat? What the Connected Car Shows Us About the Legal and Regulatory Issues of the Internet of Things - March 9th, Washington, DC

The Internet of Things (IoT) is creating unprecedented opportunities and challenges – launching groundbreaking collaboration among disparate industries and generating insightful data from uncommon sources…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Privacy, Science, Computers, & Technology, Transportation

Ten Investment Advisory Firms Violate SEC's Pay-to-Play Rule

The Securities and Exchange Commission recently announced that ten investment advisory firms agreed to pay penalties in the tens of thousands of dollars to settle SEC charges that they violated the SEC’s pay-to-play rule,…more
| Elections & Politics, Finance & Banking, Securities Law

Capitol Hill Healthcare Update

House Speaker Paul Ryan last week set a deadline of the end of March for repealing most of the Affordable Care Act (ACA), as other Republican leaders and conservative rank-and-file lawmakers advocated competing policy…more
| Elections & Politics, Health
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