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A.F.L.- C.I.O Wants More People Standing Under Its Umbrella

For years now, it has not exactly been a secret that labor organizations are struggling to maintain and build membership in most sectors of the American workforce. Despite the presence of a Democratic president and a Democratic…more

AFL-CIO, Unions

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Eighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful…more

False Claims Act, Medical Devices, Off-Label Promotion, Public Disclosure, Whistleblowers

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Supreme Court: Generic Computer Implementation Does Not Render Abstract Ideas Patentable

On June 19, 2014, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, No. 13-298, which was previously discussed. In a unanimous opinion by Justice Thomas, the Court held, consistent with its precedent, that…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Compensation Clawbacks and Code Section 409A Acceleration

When the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) became law in 2010, it included a requirement for public companies to recoup, or “clawback,” incentive compensation from executives in the event of…more

Clawbacks, Compensation & Benefits, Compliance, Dodd-Frank, Executive Compensation

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Spotlight on Privacy in the Automotive Industry

Privacy is a hot topic these days, and the automotive industry is no exception. Connected cars, in-car location services, telematics systems, event data records (black boxes), driverless cars, online consumer targeted…more

Advertising, Apple, Automotive Industry, Black Box, Corporate Counsel

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How California’s New LLC Law Will Impact Existing and New California LLCs

On January 1, 2014, California’s Beverly-Killea Limited Liability Company Act (“Old Act”) was superseded by the California Revised Uniform Limited Liability Company Act (“New Act”). California legislators were concerned that the…more

Articles of Incorporation, Limited Liability Companies, LLC, Operating Agreements, RULLCA

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IRS' Final Employer Shared Responsibility Rules: Who is an "Applicable Large Employer"?

Earlier this year, the IRS issued final regulations that provide additional guidance on the employer shared responsibility rules (also called the “pay or play” rules) that will generally apply to employers’ group health plans…more

Affordable Care Act, Employer Mandates, Healthcare, IRS, Pay or Play

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Communicating With the Workforce — A Very Good Idea, But Proceed With Caution

Most employers communicate with their workforce about a wide variety of employment related issues — personnel policies, wage and benefit issues, organizational changes, etc. These communications — whether verbal or in writing —…more

Direct Dealing, Documentation, Oral Communications, Training, Unions

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FTC Settles Claims Relating to U.S. – EU Safe Harbor Program

The Federal Trade Commission recently announced it has settled claims against 12 companies relating to charges the companies falsely claimed they were abiding by the U.S. – EU Safe Harbor program that enables U.S. companies to…more

Compliance, Data Brokers, Debt Collection, EU, FTC

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Iowa Supreme Court Decision Boosts Renewable Energy Development

A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision),…more

Electricity, Energy, Energy Projects, Power Purchase Agreements, Renewable Energy

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PTAB Denies Late Attempt to Alter the Applicable Claim Construction Standard in an IPR

A recent decision from the Patent Trial and Appeal Board (the “Board”) highlights the different claim construction standards that are ordinarily applicable in post-grant review proceedings and in district court, and illustrates…more

Claim Construction, Inter Partes Review Proceedings, Patent Trial and Appeal Board, Patents, Post-Grant Review

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)…more

Exemptions, Medical Devices, MRI, Property Tax

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The Section 409A Valuation: Do You Really Need One?

Yes. You do. That was easy. But perhaps we have gotten ahead of ourselves and we should start at the beginning of the story. While Section 409A is a tax provision, its genesis was the perceived abuse of deferred compensation…more

Executive Compensation, Golden Parachutes, Safe Harbors, Section 409A, Valuation

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Court of Appeals Rejects Attempted Restriction of “Mortgage Banker” Priority Provision

On February 20, 2014, the Wisconsin Court of Appeals issued an opinion interpreting the meaning of “mortgage banker” under Wis. Stat. § 224.71(3) and finding that a mortgage holder was entitled to the priority afforded under…more

Banks, Construction Contracts, Construction Liens, Mortgages

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Supreme Court to Review Statute of Limitations for Denial of ERISA Claims

On Tuesday, October 15, 2013, the United States Supreme Court heard oral arguments in a case likely to have wide-ranging consequences for employers who offer employee benefit plans under Employee Retirement Income Security Act…more

Denial of Benefits, ERISA, SCOTUS, Statute of Limitations

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Doing Business With the Government With Reduced Risk

Entering into business with the U.S. Government provides companies, including those in the automotive industry, with the opportunity to expand their business base, with tremendous potential. Even with the current budget cuts and…more

Automotive Industry, Federal Budget, Federal Contractors, Sequestration

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U.S. Department of Commerce Announces New Antidumping Duties on Solar Panels from China and Taiwan

The U.S. Department of Commerce (DOC) recently announced its affirmative preliminary determination in the antidumping (AD) investigations of certain crystalline silicon PV products imported form the People’s Republic of China…more

Antidumping Duties, China, Countervailing Duties, Exports, Imports

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Jumping on the "Made in the U.S.A." Bandwagon

Retailers are increasingly praising the importance of placing the “Made in the USA” phrase on their product packaging and labels. Customers, not only in the U.S. but worldwide, are now demanding “Made in America” merchandise…more

Brand, Manufacturers, Marketing, Retailers

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Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

Yesterday, the Wisconsin Court of Appeals released its unpublished opinion in Farm-To-Consumer v. Wis. DATCP, 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production. A couple of local farmers…more

Food Safety, Jurisdiction, Summary Judgment

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The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal…more

Deadlines, Disclosure Requirements, EMMA, Enforcement, MCDC

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Patent Office Extends AFCP 2.0 to December 2013

The United States Patent and Trademark Office (USPTO) just announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended to December 14, 2013. The AFCP 2.0 was previously scheduled to expire on September…more

AFCP, Extensions, Patent Applications, Patents, Request for Continued Examination

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Increased Supreme Court Focus on Patent Jurisprudence

In 2013, the Supreme Court decided three patent cases. By June of 2014, it is expected that there will have been six more decisions in patent cases. This week alone, there have been oral arguments heard or decisions released in…more

Akamai Technologies, Attorney's Fees, Highmark v. Allcare, Limelight Networks, Octane Fitness v. ICON

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The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal…more

Deadlines, Disclosure Requirements, EMMA, Enforcement, MCDC

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California Senate and Assembly Vote to Extend Property Tax Exclusion for Solar

In furtherance of California’s commitment to renewable solar energy, the California Senate and Assembly recently passed Senate Bill 871 (SB 871) which, if signed, would extend the sunset date on the existing property tax…more

Energy, Exclusions, New Legislation, Property Tax, Solar Energy

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FTC Updates Guidance on Disclosures in Social Media Marketing

Earlier this month, the Federal Trade Commission (FTC) updated its guidelines for disclosures in digital media, “.Com Disclosures: How to Make Effective Disclosures in Digital Advertising” (Guide). The Guide, which updates a…more

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AAO Finds USCIS Impermissibly Redefines Showing of Specialized Knowledge

The Administrative Appeals Office of U.S. Citizenship & Immigration Services, otherwise known as the AAO, recently reversed a finding by U.S. Citizenship & Immigration Services (USCIS) that had denied approval of an L-1B…more

Foreign Workers, L-1B, Multinationals, USCIS, Visas

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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Provider Reimbursement Review Board Issues Alert 9 and Revised Rules

On March 1, 2013, the Provider Reimbursement Review Board (PRRB or the Board) issued Alert 9, which notified interested parties that the PRRB has made revisions to its Rules and updated its Model Forms. Medicare providers that…more

CMS, Medicare, PRRB, Reimbursements

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Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the same…more

Aereo, Broadcasting, Copyright, Copyright Infringement, SCOTUS

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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Supreme Court: Generic Computer Implementation Does Not Render Abstract Ideas Patentable

On June 19, 2014, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, No. 13-298, which was previously discussed. In a unanimous opinion by Justice Thomas, the Court held, consistent with its precedent, that…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Rent Constant Pricing in Build-to-Suit Transactions

A build-to-suit (BTS) project often puts the corporate real estate department in a challenging position. The project must conform to an approved budget, while also facing a very tight schedule with a series of milestones that…more

Build-to-Suit, Commercial Leases, Commercial Real Estate Market, Construction Contracts, General Contractors

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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General Motors New Terms and Conditions Effective July 15, 2013

General Motors has announced that Effective July 15, 2013, its general terms and conditions for direct material, customer care & aftersales (CCA) and tooling purchases are changing…more

Compliance, General Motors, Terms and Conditions

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The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal…more

Deadlines, Disclosure Requirements, EMMA, Enforcement, MCDC

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Have Your Safeguards for Protecting Confidential Information Kept Pace With Your Next-Generation Manufacturing Processes?

Today’s next-generation manufacturing is marked by speed and technology. However, technology can be a double-edged sword. On one hand, technological innovations and advancements have resulted in a manufacturing resurgence in the…more

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Supreme Court of Delaware Finds Fee-Shifting Bylaws Permissible and the Potential Delaware Legislative Response

On May 8, 2014, the Supreme Court of Delaware held that fee-shifting provisions in a non-stock corporation’s bylaws can be valid and enforceable if not enacted for an improper purpose or improperly applied, under Delaware law…more

ATP Tours, Bylaws, Corporate Counsel, Corporate Governance, Delaware General Corporation Law

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Amendments to Article 9 of the Uniform Commerical Code Go Into Effect

A number of amendments to Article 9 of the Uniform Commercial Code (“UCC”) went into effect in many states on July 1, 2013. Similar amendments are pending in a number of other states…more

Article 9, UCC

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Massachusetts High Court Expands Strict Liability for Building Code Violations

In an April 10, 2014, decision that expressly overruled its own 15-year old precedent, the Massachusetts Supreme Judicial Court has held that the owner of a building used as a place for a large number of people to gather will be…more

Building Codes, Building Standards, Strict Liability

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The Doctrine of Equitable Assignment is Alive and Well in Wisconsin

That was the holding of the Wisconsin Supreme Court in an opinion issued on Thursday in Dow Family, LLC v. PHH Mortgage Corporation, 2014 WI 56. The facts of the case are similar to thousands of foreclosure cases prosecuted in…more

Banks, Foreclosure, Mortgages, U.S. Bank National Association

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“Why I Oughta …” Leave Retaliation to the Stooges and Avoid Liability

Retaliation was a linchpin of the slap stick comedy of The Three Stooges. A retaliatory poke in the eye, a tit-for-tat clout to the top of the head, or a responsive jab to the gut — all animated by some well-coordinated but…more

EEOC, Employee Rights, Employer Liability Issues, Retaliation

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Preparing for the Conversion to ICD-10

With the ICD-10 implementation date delayed once again until October 1, 2015, providers who were previously unprepared for the transition or had only begun their transition planning have an extra year to address the upcoming…more

Contracting Procedures, Healthcare, ICD Codes, Payor Contracts, Provider Payments

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Daughter Posts Settlement on Facebook – Employer Dislikes – Dad in Hot Water

Social media in general, and Facebook in particular, seems to have become so ingrained in modern existence that while it is potentially laughable, it is nonetheless true that we can seriously live by the tenet “If it’s not on…more

Confidentiality Agreements, Facebook, Settlement, Social Media

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California About to Make Franchise Terminations Harder

A bill on the verge of becoming law in California will sharply narrow the grounds for termination of franchises in that state, and may require re-examination of the terms of franchise agreements. Existing California law bars…more

Franchise Agreements, Franchises, Termination

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Recent Decision Underscores Need for Involvement of Counsel in Internal Investigations

A recent federal court decision raises concerns about the ability of companies to maintain privilege over materials generated in connection with internal investigations. The case, United States ex rel. Barko v. Halliburton…more

Corporate Counsel, Halliburton, Internal Investigations, Investigations, Qui Tam

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Humira Patent Invalid for Obviousness Type Double Patenting

In AbbVie Inc. v. Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed the district court’s finding that a second patent covering AbbVie’s Humira product is invalid under the doctrine of obviousness-type double…more

Obviousness, Patent Litigation, Patents, Pharmaceutical

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New Materials Look to Change What Our Cars are Made of

Colin Chapman, the founder of Lotus Cars, is said to have expressed his philosophy of car-building as: “Simplify, then add lightness.” While expanding safety regulations and consumer demands for technology and comfort make…more

Automotive Industry

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U.S. Department of Commerce Announces New Antidumping Duties on Solar Panels from China and Taiwan

The U.S. Department of Commerce (DOC) recently announced its affirmative preliminary determination in the antidumping (AD) investigations of certain crystalline silicon PV products imported form the People’s Republic of China…more

Antidumping Duties, China, Countervailing Duties, Exports, Imports

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Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the…more

Acquisitions, FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity

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Patent Law Treaties Implementation Act Passes, Streamlining International Registration of Industrial Designs

On December 5, 2012, the U.S. House of Representatives passed the Patent Law Treaties Implementation Act. The Senate previously passed the Act on September 22, 2012…more

Design Patent, Patents, Treaties

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U.S. Supreme Court: Silence Admissible

When faced with questions from a government investigator, a person’s silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer…more

Admissibility, Criminal Prosecution, Evidence, Jury Trial, SCOTUS

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Facilities Siting: The Right Considerations Lead to the Right Choice

According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility…more

Manufacturers, Manufacturing Facilities

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Protection Against Foreign Anticompetitive Automotive Supply Chain Practices Affecting U.S. Activities

Automotive industry participants may face increased costs and risk from wholly foreign anticompetitive activities far upstream in their global supply chain. Antitrust laws, like the Sherman Act, protect American markets from…more

Antitrust Provisions, Automotive Industry, FTAIA, Sherman Act, Supply Chain

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Decaying National Infrastructure Is Challenging the Resurgence of American Manufacturing

At a recent manufacturing summit hosted in Washington, D.C. by the National Association of Manufacturers (NAM), Vice President Biden effectively made the case for linking manufacturing and infrastructure development as…more

Economic Development, Infrastructure, Manufacturers, NAM

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Are Unpaid Interns Handy Helpers or a Source of Liability?

Summer is fast approaching and along with the dog days of pool time, family vacations, and outdoor activities, comes summer break for students. For many companies, this means an influx of potential interns anxious to learn the…more

DOL, Liability, Non-Employees, Unpaid Interns

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U.S. Patent and Trademark Office Orders Cancellation of "REDSKINS" Trademark Registrations

On June 18, 2014, a divided panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of six of the Washington Redskins’ trademark registrations holding that “Redskins” was a…more

Blackhorse v Pro-Football, Disparagement, Football, Laches, Native American Issues

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No, Seriously: Don't Forget the Minimum Wage

Start-up companies are often in cost-saving mode, but when it comes to employees, be prepared to pay at least a minimum wage. Many companies forget about it. All companies, regardless of size, must pay either the…more

Employee Rights, Employer Liability Issues, Employer Mandates, Minimum Wage, Popular

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Employment Law Compliance Is Just the Beginning

Complying with the law is only the starting point when making sound and legally defensible employment decisions, such as discipline, terminations, denying accommodations, and so forth. Have you ever heard of a company that made…more

Compliance, Employer Liability Issues

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Public-Private Manufacturing Innovation Institutes Announced

Following on the coattails of the Youngstown, Ohio, manufacturing hub, President Obama announced three more public-private manufacturing institutes – in North Carolina, Chicago and Detroit – to focus on advancing manufacturing…more

Barack Obama, Digital Goods, Electronics, Manufacturers, Metals

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What Does McCutcheon Mean for Wisconsin Campaign Finance Law?

On April 2, the United States Supreme Court released its much-anticipated decision in McCutcheon v. FEC, 572 U.S. __ (2014). The case was closely watched because it presented the Court the opportunity to revisit the framework of…more

FEC, McCutcheon v. FEC, Political Campaigns, Political Contributions, SCOTUS

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Restructuring The Private Club

Private golf clubs are facing a tidal wave of challenges, from the prolonged economic downturn, to an aging population unable to continue playing the game, to a general decline in demand for golf, to financial hardships facing…more

Golf, Golf Courses

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FERC Issues Policy Statement Clarifying Requirements for Capacity Allocation for Merchant Transmission Projects

On January 17, 2013, the Federal Energy Regulatory Commission (FERC) issued its Final Policy Statement regarding the allocation of capacity on new merchant and non-incumbent, cost-based, participant-funded transmission projects…more

Capacity Allocation, Compliance, Discrimination, Electricity, FERC

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Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Arbitration, China, Counterfeiting, Discovery, Enforcement

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Diebold Resolves FCPA Charges for $48 Million

On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank…more

Compliance, DOJ, Enforcement Actions, SEC, Settlement

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Public Policy News

The Legislature returns on January 14, 2014 for a flurry of session days before final adjournment on April 3, 2014. With the biennial budget and many other GOP big ticket items passed, the agenda this spring will include no bold…more

Political Campaigns, Political Debates, Public Policy

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After the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases

In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate actors…more

Akamai Technologies, Contract Interpretation, Direct Infringement, Induced Infringement, Limelight Networks

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Growing Judicial Acceptance of Predictive Coding Highlights the Need for Inside and Outside Counsel to Consider Its Use in Document Intensive Litigation

When predictive coding technology made its way into the public consciousness in or about 2011, the biggest barrier to its widespread use – and probably the second most common question for attorneys following these issues, right…more

Complex Litigation, Document Review, Predictive Coding

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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Finding Investors and Investments: What Do You Look For?

Matching investors and investments is a two-way street. Investors and companies alike look for a good fit. Strategic investors are ideal for most growth companies. However, every company seeking capital must ensure that it fits…more

Business Development, Funding, Investors

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Public Policy News

The Legislature returns on January 14, 2014 for a flurry of session days before final adjournment on April 3, 2014. With the biennial budget and many other GOP big ticket items passed, the agenda this spring will include no bold…more

Political Campaigns, Political Debates, Public Policy

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Federal Contractor Section 503 and VEVRAA Compliance Solution

Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners. The federal government spends more than $500…more

Affirmative Action, Chief Compliance Officers, Enforcement, Equal Opportunities, Federal Contractors

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Federal Reserve Board Proposes to Repeal Its Regulation AA (Unfair Credit Practices)

The Board of Governors of the Federal Reserve System is requesting comment on its proposal to repeal its Regulation AA, which for nearly 30 years has prohibited banks from engaging in specified unfair and deceptive credit…more

Banks, Dodd-Frank, Federal Reserve, FTC, Regulation AA

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A Compilation of Enforcement and Non-Enforcement Actions - December 31, 2013

Investment Advisers — Are Your “IA Reps” Registered as Required? Why You Should Care - As we approach the end of the calendar year, it is a good time for investment advisers to check if all of its personnel who are…more

Chief Compliance Officers, Compliance, Enforcement, Enforcement Actions, Hedge Funds

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Could a Recent CMS Deregulation Regulation Save Health Care Providers $8 Billion?

As part of President Obama’s regulatory lookback initiative, the Centers for Medicare and Medicaid Services (CMS) issued a final rule last week (the “Rule”) that overhauled numerous staffing regulations affecting hospitals and…more

Affordable Care Act, CMS, Executive Orders, Healthcare, Healthcare Reform

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The SEC and Sustainability Shareholder Proposals

The SEC recently has encouraged “sustainability” shareholder proposals under Rule 14a-8. In their December 2013 INSIGHTS article, Foley attorneys Patrick Daugherty and Daniel Pieringer discuss strategies for manufacturers to…more

Manufacturers, SEC, Shareholder Activism

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Third Point LLC V. Ruprecht; Two-Tiered Poison Pill Withstands Judicial Review

In Third Point LLC v. Ruprecht, et al., C.A. No. 9469-VCP (Del.Ch. May 2, 2014), the Delaware Chancery Court denied a preliminary injunction challenging Sotheby’s stockholder rights plan, or so-called “poison pill,” which…more

Hedge Funds, Poison Pill, Shareholder Rights, Sothebys, Third Point

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Funds Investing in U.S. Manufacturing Companies: Foreign Investor Considerations

Operators of manufacturing companies, especially those considering a sale or capital raise, should understand investors’ concerns regarding direct investment. Today, investment funds with investors and investments in multiple…more

C-Corporation, Foreign Direct Investment, Investment Funds, Manufacturers

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TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application

In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate…more

Assignments, Intent-to-Use, Trademarks, USPTO

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The "Olympics of Restructuring": Kevyn Orr Named Detroit's EFM

Kevyn Orr, a University of Michigan Law School graduate and former partner at the law firm Jones Day, has been selected by Governor Rick Snyder as Detroit’s Emergency Financial Manager (EFM). As EFM, Orr will be responsible for…more

Chapter 9, Debt, Emergency Managers, Restructuring

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Post-Acute Care: The Hottest Area in Health Care

Much has been written about hospital consolidation premised upon the search for efficiencies driven by scale and integration as reflected in the white hot hospital merger market over the last several years. While no doubt that…more

Acute Facilities, Healthcare, Medicare

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Notice Regarding Marketplace Coverage Options Due October 1

The October 1, 2013 deadline for providing employees with a notice of their coverage options through the newly established public health insurance exchanges (referred to as the “Marketplace”) is quickly approaching. This news…more

Affordable Care Act, Deadlines, DOL, FLSA, Health Insurance Exchanges

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A Fever Over Paid Sick Leave Laws

On the heels of a nasty flu season, the topic of mandating paid sick leave seems more popular than ever. The battle between those who prefer their working and eating environments “sneeze-free” and those who prioritize limiting…more

Local Ordinance, Medical Leave, Municipalities, Paid Leave

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Finley Hospital — Beware the "Dynamic" Status Quo

One of the bedrock and usually easily understood principles underlying the National Labor Relations Act is that once a union gets involved with your employees, your right to make and implement unilateral decisions about wages,…more

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District Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers

A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act. We…more

Administrative Procedure Act, Filing Requirements, FTC, Hart-Scott-Rodino Act, Patent Transfers

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1-3 MW Solar RFP Issued in Palo Alto, California

The City of Palo Alto Utilities (CPAU) has issued a request for proposals (RFP) for 1-3 MW (AC) in order to create a CPAU-branded Community Solar Program. The CPAU has stated that its primary objectives for such program…more

Energy, Energy Projects, Renewable Energy, Solar Energy, Solar Farm

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Catapult Chicago: Big Progress for the Emerging Company Scene

Foley & Lardner’s Chicago office, home to Catapult Chicago, is proud to see the recent uptick in praise for the uniquely collaborative start-up community located in Chicago’s River North neighborhood, as it has made important…more

Economic Development, Emerging Growth Companies, Job Creation, Rahm Emanuel, Startups

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Iowa Supreme Court Decision Boosts Renewable Energy Development

A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision),…more

Electricity, Energy, Energy Projects, Power Purchase Agreements, Renewable Energy

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Recent Notable Industry Developments

Following SEC Chair Mary Jo White’s recent remarks suggesting a change to the SEC’s long-standing policy of permitting defendants to settle cases “without admitting or denying” the SEC’s allegations of wrongdoing, co-Directors…more

CBOE, Enforcement Actions, FINRA, Mary Jo White, Neither Admit Nor Deny Settlements

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Because M&A Due Diligence Was Not Already Complicated Enough…

A recent federal appeals court decision suggests that businesses looking at potential acquisitions or mergers have yet another, relatively new concern to their due diligence list when examining the target business: an increased…more

Due Diligence, Employer Liability Issues, FLSA, Policy Violations, Successor Liability

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IRS Releases New Guidance on Beginning of Construction

The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine…more

Energy Projects, Equity Investors, Geothermal Energy, Hydropower, Investment Tax Credits

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CFPB Expands Its Enforcement Efforts Against Payday Lending

In November, 2013, the Consumer Financial Protection Bureau announced its first enforcement action against a payday lender. Cash America International was fined $5 million and was ordered to refund $14 million to its borrowers…more

Cash Americal International, CFPB, Civil Monetary Penalty, Enforcement, Enforcement Actions

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The USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements

The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural…more

AMP v Myriad, Mayo v. Prometheus, Myriad, Patent Infringement, Patent Litigation

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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HRSA Issues Interpretive Rule on 340B Drug Pricing Program

On July 21, 2014, the Health Resource and Services Administration (HRSA) within the U.S. Department of Health and Human Services (HHS) issued a new interpretive rule addressing the treatment of orphan drugs by certain hospital…more

340B, Covered Entities, Healthcare, HHS, Hospitals

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Wait, Now I Have to Allow Employees to Steal Too?

With the passage of the Americans with Disability Amendments Act, (ADAAA), Congress very purposefully moved disability-related inquiries away from whether employees are “qualified individuals with a disability” and refocused the…more

ADA, ADAAA, Disability, EEOC, Employee Rights

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Using “Light Duty” Lightly – and Properly

Employers often use the term “light duty” in a variety of employment contexts from job creation for occupationally injured employees to job duty modification to accommodate employee medical restrictions. However, employers…more

ADA, Disability, Employer Liability Issues, Reasonable Accommodation

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Defensive Publication: An Alternate Way of Maintaining Your Turf in a Competitive Marketplace

It is common knowledge that the bread-and-butter of emerging startups lies in securing exclusive rights to key aspects of their implicated technology. Staking claims to valuable IP assets via direct ownership or exclusive…more

America Invents Act, Patent Prosecution, Patents, Prior Art, Startups

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Argentina: Favorable Venue for Manufacturers Licensing Their Technology/Intellectual Property Rights

Argentina, together with Brazil and Mexico, are Latin America’s three largest economies representing more than 80 percent of the region’s manufacturing output. In addition, Argentina has proven to be a favorable venue for…more

Licenses, Manufacturers, Patents, Popular, Technology

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A Compilation of Enforcement and Non-Enforcement Actions

Renewed Call for Investment Adviser User Fees - As we reported in previous editions of our Investment Management Newsletter, various persons have proposed that a user fee be imposed on SEC registered investment advisers…more

Compliance, Dodd-Frank, Enforcement, Enforcement Actions, Investment Adviser

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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Two Important Deadlines Approaching for Self-Insured Group Health Plans

If you sponsor a self-insured group health plan, then November includes two important deadlines: (1) you must obtain a health plan identifier for your plan, and (2) you must report the number of participants for whom a…more

Benefit Plan Sponsors, Employee Benefits, Employer Group Health Plans, Healthcare, Popular

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Commission Tightens Rules of Exemption Under the EU De Minimis Safe Harbor

On June 25, 2014, the European Commission (Commission) adopted revised rules on agreements of minor importance which do not appreciably restrict competition (the so-called “De Minimis Notice”) and providing a safe harbor from…more

De Minimus Quantity Exemption, EU, European Commission, Safe Harbors, TFEU

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Analysis of Amendments to Federal Rules of Civil Procedure 45 and 37

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance…more

Federal Rules of Civil Procedure, Proposed Amendments, Rule 37, Rule 45, SCOTUS

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HHS Issues Guidance on Sharing Mental Health Information

The U.S. Department of Health and Human Services (HHS) recently issued guidance on when it may be permissible under the Health Insurance Portability and Accountability Act (HIPAA) for health care providers to share information…more

Data-Sharing, HHS, HIPAA, Information Sharing, Mental Health

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Medicare Announces Pay Increases for Psychiatric, Skilled Nursing and Rehabilitation Providers in Fiscal Year 2015

According to the rules released last Thursday by the Centers of Medicare and Medicaid Services (CMS), Medicare will increase payment to inpatient psychiatric hospitals, inpatient rehabilitation facilities and skilled nursing…more

CMS, Healthcare, Medicare, Nurses, Psychiatric Hospitals

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ICANN Opens Trademark Clearinghouse as Part of Imminent Domain Name Expansion

With the launch of possibly hundreds of new generic top-level domains (gTLDs) on the horizon, the Internet Corporation for Assigned Names and Numbers (ICANN) will open on March 26, 2013 the Trademark Clearinghouse (TMCH), in…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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A “De Minimis” Cost Can be Enough to Defeat a Religious Accommodation Claim

While many employers are familiar with the phrase “reasonable accommodation” because of the Americans with Disabilities Act and similar state laws, the ADA is not the only employment law that requires employers to make…more

De Minimis Claims, Reasonable Accommodation, Religion

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Have Accelerators Reached Saturation Point?

A few weeks ago, I attended the ribbon-cutting ceremony for the new MassChallenge accelerator space. There were hundreds of people there, including the founders of TechSandBox, an accelerator in Hopkinton, MA, and Smarter in the…more

Accelerators, Startups

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AAA Makes Substantial Revisions to Commercial Arbitration Rules

The American Arbitration Association (“AAA”) issued new Arbitration Rules and Mediation Procedures governing commercial disputes for AAA commercial arbitrations initiated on or after October 1, 2013. Arbitration proceedings…more

American Arbitration Association, Arbitration, Commercial Arbitration

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American Hospital Association Recommends Revisions to Medicare ACO Models

The American Hospital Association (AHA) submitted a letter to the Centers for Medicare and Medicaid Services (CMS) on April 17, 2014, recommending modifications to the Medicare Shared Savings Program (MSSP) and the Pioneer ACO…more

ACOs, CMS, Healthcare, Hospitals, Medicare

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PARTS Act Could Limit Automotive Design Patent Enforceability to 2.5 Years

On April 23, 2013, H.R. 1663 “Promoting Automotive Repair, Trade, and Sales Act of 2013’’ or the ‘‘PARTS Act’’, was referred to the House Judiciary Committee. Similar bill H.R. 3889 died in committee last year. The proposed bill…more

Automotive Industry, Design Patent, PARTS Act, Patents, Proposed Legislation

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Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the same…more

Aereo, Broadcasting, Copyright, Copyright Infringement, SCOTUS

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Is America Ready for "Made in the U.S.A." Clothing?

While the reshoring tide is undeniably rising, the prospect of clothing and apparel manufacturing returning to the United States remains uncertain. Back in the 1960s, about 95% of clothing worn in the U.S.A. was also made here…more

Fashion Industry, Manufacturers, Supply Chain

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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The Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?

With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly…more

ABC v Aereo, Broadcasting, Copyright, Copyright Infringement, Popular

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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How California’s New LLC Law Will Impact Existing and New California LLCs

On January 1, 2014, California’s Beverly-Killea Limited Liability Company Act (“Old Act”) was superseded by the California Revised Uniform Limited Liability Company Act (“New Act”). California legislators were concerned that the…more

Articles of Incorporation, Limited Liability Companies, LLC, Operating Agreements, RULLCA

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Supreme Court: Generic Computer Implementation Does Not Render Abstract Ideas Patentable

On June 19, 2014, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, No. 13-298, which was previously discussed. In a unanimous opinion by Justice Thomas, the Court held, consistent with its precedent, that…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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NHTSA and GM Agree to Resolve Timeliness Claims Related to Ignition Switch Recall

Last week, NHTSA and GM announced an agreement to resolve recall timeliness claims related to GM’s massive Ignition Switch recall. In addition to the widely-reported $35 million civil penalty GM has agreed to pay (the maximum…more

Automobile Recall, Automotive Industry, General Motors, NHTSA

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Staying One Step Ahead of Norma Rae — Tips for Staying Union Free

If you think unions are going away anytime soon based on recent defeats like those suffered by the UAW at Volkswagen in Tennessee, think again. The UAW and others have stepped up their organizing efforts and do not be surprised…more

Corporate Counsel, Employee Rights, Unions

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The SEC’s Municipal Advisor Rule Will Prompt New Practices for Market Participants

A new rule will take effect on July 1, 2014 that regulates persons and firms that provide advice to municipal issuers and obligated parties regarding municipal financial products or the issuance of municipal securities. Although…more

Compliance, Dodd-Frank, MSRB, Municipal Advisers, SEC

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Puerto Rico: A Haven for Manufacturers?

Perhaps not surprisingly to those familiar with the tropical island, manufacturing remains a key driver of economic activity in Puerto Rico. Indeed, manufacturing accounts for 45% of Puerto Rico’s GDP (compared to 11% in the…more

International Labor Laws, International Tax Issues, Manufacturers

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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OIG's Proposed Rule to Expand Civil Monetary Penalties

The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) on May 12, 2014 published a proposed rule (Proposed Rule) that would implement the OIG’s expanded authority under the Affordable Care Act…more

Affordable Care Act, Civil Monetary Penalty, FCA, HHS, Hospitals

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration

Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate…more

Arbitration, Arbitration Agreements, Class Action, Motion to Compel, Wage and Hour

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Facilities Siting: The Right Considerations Lead to the Right Choice

According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility…more

Manufacturers, Manufacturing Facilities

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7th Cir. Confirms Protections for Sealing Parties' Confidential Documents

A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v…more

Confidential Information, Discovery, Public Records

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EU Moves Closer to a "Unitary" Patent Regime for Obtaining and Litigating Patents in Europe

On December 11, 2012, the European Parliament approved a set of three proposals to create (1) a “unitary” patent valid across 25 EU member states, (2) a simplified language regime for EU patents, and (3) a unified patent court…more

EU, Patents, Unified Patent Court, Unitary Patent

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Center for Automotive Research Event - Traverse City

Automotive executives and other industry participants gathered in Traverse City this week for the annual Center for Automotive Research (CAR) Management Briefing Seminars. And, as usual, CAR put on another great show! Several of…more

Auto Manufacturers, Automotive Industry, DOE, Federal Grants, Ford Motor

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Expanded Exemption for Religious Employers Regarding Women's Contraceptive Services

The Patient Protection and Affordable Care Act requires non-grandfathered group health plans to cover preventive services at no cost. For women this includes all FDA-approved contraceptive methods, sterilization procedures, and…more

Affordable Care Act, Contraceptive Coverage Mandate, Exemptions, Religious Institutions, Self-Insured Health Plans

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SEC's Enforcement Action Against Hedge Fund Adviser for Retaliation Against a Whistleblower Highlights Challenges Employers Face

After repeated warnings over the last few years that it had both the authority and willingness to do so, on June 16, 2014, the SEC brought its first enforcement action for retaliation against a whistleblower under the Dodd-Frank…more

Compliance, Dodd-Frank, Enforcement, Enforcement Actions, Hedge Funds

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Spotlight on Privacy in the Automotive Industry

Privacy is a hot topic these days, and the automotive industry is no exception. Connected cars, in-car location services, telematics systems, event data records (black boxes), driverless cars, online consumer targeted…more

Advertising, Apple, Automotive Industry, Black Box, Corporate Counsel

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California About to Make Franchise Terminations Harder

A bill on the verge of becoming law in California will sharply narrow the grounds for termination of franchises in that state, and may require re-examination of the terms of franchise agreements. Existing California law bars…more

Franchise Agreements, Franchises, Termination

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U.S. Department of Commerce Announces New Antidumping Duties on Solar Panels from China and Taiwan

The U.S. Department of Commerce (DOC) recently announced its affirmative preliminary determination in the antidumping (AD) investigations of certain crystalline silicon PV products imported form the People’s Republic of China…more

Antidumping Duties, China, Countervailing Duties, Exports, Imports

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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White House Expands Russian Sanctions: New Executive Order Targets Major Russian Industries

On March 20, 2014, President Obama issued a new Executive Order expanding sanctions against Russian officials and other entities involved in Moscow’s recent annexation of Crimea…more

Foreign Policy, Russia, Sanctions, Ukraine

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See No Evil, Hear No Evil: See No Defense for Third-Party Harassment?

It is rare that a distinguished federal appellate court invokes the “See No Evil, Hear No Evil” approach to deciding a case, but this is exactly what happened in a recent decision involving a North Carolina based tile and stone…more

Civil Rights Act, Harassment, Sexual Harassment, Third-Party Liability, Title VII

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Are Loan Documents Enforceable in Wisconsin?

Three recent decisions call attention to the fundamental issue of the extent to which courts will enforce loan agreements and guaranties in accordance with their terms rather than imposing uncertain standards of fairness,…more

Good Faith, Loan Documentation, Loans

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Florida’s False Claims Act – Did You Know It Changed Last Year?

In June 2013, Florida’s legislature significantly amended Florida’s False Claims Act, Fla. Stat. §§ 68.081-68.092 (“FFCA”), effective July 1, 2013. Although these amendments have not received much publicity or commentary, they…more

False Claims Act, False Reporting, Florida, Fraudulent Inducement, Misrepresentation

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It’s Catching: Is the Spread of Paid Sick Leave Laws Making Employers Ill?

As winter has turned to spring, and flu season has turned to allergy season, have your employees been accruing government-mandated paid sick leave? They might be if they happen to work in New York City (NYC), Newark, or…more

Employee Benefits, Employee Rights, Employer Mandates, Full-Time Employees, Paid Leave

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7th Circuit Upholds Regional Cost Allocation for MISO Transmission Projects

The U.S. Court of Appeals for the Seventh Circuit recently upheld MISO’s FERC-approved multi-value project (MVP) tariff, which spreads the costs of constructing certain new transmission lines across the entire MISO footprint…more

Energy Consumption, FERC, MISO, Renewable Energy, Tariffs

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The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal…more

Deadlines, Disclosure Requirements, EMMA, Enforcement, MCDC

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Lawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire

A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car dealerships…more

Local Ordinance, Motor Vehicles, New Regulations, Special Purpose Vehicles

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SEC's Enforcement Action Against Hedge Fund Adviser for Retaliation Against a Whistleblower Highlights Challenges Employers Face

After repeated warnings over the last few years that it had both the authority and willingness to do so, on June 16, 2014, the SEC brought its first enforcement action for retaliation against a whistleblower under the Dodd-Frank…more

Compliance, Dodd-Frank, Enforcement, Enforcement Actions, Hedge Funds

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Are Search Terms Work Product?

Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search…more

Apple, Discoverable, Discovery, Document Productions, Document Review

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Florida Overhauls Its Data Security Breach Notification Law Effective July 1, 2014

On June 20, 2014 Governor Rick Scott approved the Florida Information Protection Act of 2014, overhauling the requirements and steps companies must follow when faced with a potential or actual security breach resulting in the…more

Cybersecurity, Data Breach, New Regulations, Notice Requirements, Personally Identifiable Information

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New Requirements for NHTSA Recalls and Early Warning Reporting Become Effective October 21

In August, NHTSA adopted numerous amendments to its recall and early warning reporting (EWR) regulations. (See 78 Federal Register 51382 (Aug. 20, 2013)). Several of these amendments – which impact all vehicle and equipment…more

Defect, Early Warning Regime, NHTSA, Product Recalls, Safety Precautions

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The "Equal Pay Report" - Yet Another New Regulation Requiring Compliance by Federal Contractors

The Equal Pay Report – yet another obligation being imposed on federal contractors is coming to you soon. The Office of Federal Contract Compliance Programs (“OFCCP”) released information on another new rule that will require…more

DOL, EEO-1, Employer Liability Issues, Equal Pay, Federal Contractors

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Manufacturers in Great Lakes Region Convene to Address “Skills Gap”

We hear it from manufacturers all the time—the U.S. labor pool lacks enough skilled laborers to support high-tech manufacturing. In Chicago, the topic was addressed May 20, 2014, at the annual Crain’s Manufacturers Summit. Foley…more

Hiring & Firing, Manufacturers, Skilled Laborers, Training

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Known Unknown: 7th Cir. Uses Heightened Discovery Rule for Wisconsin Businesses

In a case decided last Friday, KDC Foods v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678 (7th Cir. Aug. 15, 2014), the Seventh Circuit warned companies not to expect much leeway from statutes of limitation under…more

Discovery, Discovery Rule, Professional Liability, Statute of Limitations

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CFPB to Shine Spotlight on Mini-Correspondent Mortgage Lending?

On July 9, 2014, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued Policy Guidance on the issue of Mortgage Brokers Transitioning to Mini-Correspondent Lenders (“Policy Guidance”), which highlights risks and…more

CFPB, Lenders, Mini-Correspondent, Mortgage Brokers, Mortgages

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"Summertime and the Livin' Is Easy" Tips to Make Sure "Tips" Don’t Create Problems Down the Road

Summertime can be the high season for many service establishments, such as restaurants, hotels and recreational facilities, as we all take some time to relax and enjoy the weather. But with wage and hour litigation constantly on…more

Employer Liability Issues, Resorts & Restaurants, Restaurant Industry, Tips, Wage and Hour

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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U.S. Supreme Court Reins in Bankruptcy Court Authority Under § 105(a)

On March 4, 2014, the United States Supreme Court issued its decision in Law v. Siegel, 571 U.S. __ (Mar. 4, 2014) and held that the bankruptcy court exceeded its authority under section 105(a) of the Bankruptcy Code and its…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Homestead Exemption, SCOTUS

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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Medicare Issues Final Rules for Hospital Outpatient and Ambulatory Surgery Center Payment Systems

On November 15, 2012, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register final rules that would, among other things, update payment policies and rates under the Outpatient Prospective Payment…more

CMS, Medicaid, Medicare

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To Pay (Directors) or Not to Pay – That is the Question

The question of whether to pay the directors of a tax-exempt organization is hotly contested. Although this practice is legal, there can be drawbacks with providing compensation. Despite the perceived hesitancy to compensate…more

Charitable Organizations, Directors, Healthcare, Non-Profits, Tax Exemptions

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Will the USPTO Respond to Public Feedback of Its Eligibility Guidance?

Periodically, the USPTO holds open meetings with the public to discuss its thinking on current topics relating to the patent procurement process. Late last week, the Biotechnology, Chemical and Pharmaceutical Customer…more

Mayo v. Prometheus, Myriad, Myriad-Mayo, Patent-Eligible Subject Matter, Patents

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Federal Contractor Section 503 and VEVRAA Compliance Solution

Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners. The federal government spends more than $500…more

Affirmative Action, Chief Compliance Officers, Enforcement, Equal Opportunities, Federal Contractors

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Physician and Teaching Hospital Sunshine Act Registration to Begin June 1

Under the Physician Payments Sunshine Act, pharmaceutical and medical device manufacturers and group purchasing organizations (GPOs) are required to annually report payments or other transfers of value made to physicians and…more

GPOs, Healthcare, Medical Devices, Pharmaceutical, Sunshine Act

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"Possession, Custody, Or Control" In eDiscovery

Federal Rule of Civil Procedure 34(a) requires litigants to produce documents – including, of course, ESI – so long as those documents are in their “possession, custody, or control.”…more

Custody Rule, Discovery, Document Productions, Technology

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Patent Office Extends AFCP 2.0 to December 2013

The United States Patent and Trademark Office (USPTO) just announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended to December 14, 2013. The AFCP 2.0 was previously scheduled to expire on September…more

AFCP, Extensions, Patent Applications, Patents, Request for Continued Examination

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Electronic Discovery Costs and Requests for Cost-Shifting

A supplier who has had to respond to discovery requests that seek electronically stored information (“ESI”) knows there is a general presumption that the responding party bears the expense of complying with the discovery…more

Cost-Shifting, Discovery, Electronically Stored Information

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Georgia Composite Medical Board Issues New Telemedicine Rules

The Georgia Composite Medical Board enacted a new regulation governing the standards for telemedicine practice. The regulation, titled Practice Through Electronic or Other Such Means, is found under Georgia Comp. Rules and Regs…more

Healthcare, New Regulations, Standard of Care, Telemedicine

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Enforcement of Forum Selection Clauses Just Got Easier

The U.S. Supreme Court’s recent decision in Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for the W. Dist. of Tex., et al., No. 12-929, 2013 U.S. LEXIS 8775, 571 U.S. ___ (2013), provides needed clarity not only on the…more

Forum, Forum Selection Clause, SCOTUS

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Copyright and Patent Implications of Supreme Court's First Sale Doctrine Ruling

In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of copies…more

Copyright, Exports, First Sale Doctrine, Grey Market, Imports

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“Enablement, Enablement, Enablement”: Evaluating the Strength of a Provisional Patent

There’s an old saying that, when it comes to establishing the value of real property, it’s all about “location, location, location.” When it comes to intellectual property, it can be said that it’s all about “enablement,…more

Patent Applications, Patents, Provisional Applications

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Shifting Gears: General Motors Invests in Logistics

General Motors’s (GM) new Arlington, Texas, stamping plant is the 10th contiguous stamping plant added to GM’s global operations in the last five years. And, there’s a reason for that. Actually there are several. The realigned…more

Auto Manufacturers, Automotive Industry, General Motors, Risk Mitigation

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Time Is Running Out to Complain About the Complaint Portal

The CFPB maintains a public Consumer Complaint Database through which consumers may file complaints regarding financial services and products (commonly referred to as the “Complaint Portal”). The CFPB currently discloses certain…more

CFPB, Complaint Procedures, Consumer Complaint System

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Privacy: What the World Has to Say About It

Let’s face it: technology has made the world smaller. It’s no longer extraordinary for what was once termed a “mid-sized” or “regional” company to trade and outsource in foreign markets. Indeed, the Internet has made it…more

Data Protection, EU, EU Data Protection Laws, Privacy Laws, Privacy Policy

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Do You Need a Pre-Nup … for Your Co-Founders?

When you pop the question, “Will you co-found with me?”, you are probably not already thinking about separation. However, not all partnerships will go the distance. Personalities will clash. Creative visions will differ…more

Restricted Stocks, Shareholders, Shareholders' Agreements, Startups, Stock Repurchases

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Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines

In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures Act…more

Affiliated-Business Arrangements, Compliance, HUD, RESPA, Rule of Lenity

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The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal…more

Deadlines, Disclosure Requirements, EMMA, Enforcement, MCDC

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FTC Loses Another Privilege Battle

In two recent cases, the FTC has brought federal court challenges to either parties’ or subpoena recipients’ claims of privilege – and so far, the FTC has lost both times. For attorneys who regularly practice before the FTC, or…more

Board of Directors, Business Privilege, FTC, Litigation Privilege, Subpoenas

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Commission Tightens Rules of Exemption Under the EU De Minimis Safe Harbor

On June 25, 2014, the European Commission (Commission) adopted revised rules on agreements of minor importance which do not appreciably restrict competition (the so-called “De Minimis Notice”) and providing a safe harbor from…more

De Minimus Quantity Exemption, EU, European Commission, Safe Harbors, TFEU

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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"No Harm, No Foul" and the FMLA Still Means "Be Diligent"

We routinely remind employers about the importance of dotting every “I” and crossing every “T” with their Family and Medical Leave Act (FMLA) paperwork because, if they do not, employees can attempt to make a mess over…more

Compliance, Employee Rights, Employer Liability Issues, FMLA

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New Guidance From the Federal Circuit on Motions to Stay Litigation Pending a PTAB Proceeding

In VirtualAgility Inc. v. Salesforce.com, Inc., No. 2014-1232 (July 10, 2014), the Federal Circuit issued its first opinion directed to the issue of when it is appropriate to grant a stay of a district court patent infringement…more

Covered Business Method Patents, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Litigation, Patent Trial and Appeal Board

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SEC Wins Victory in Conflict Minerals Rules Litigation

The SEC’s conflict minerals rules have withstood judicial challenge — so far. On July 23, 2013, the U.S. District Court for the District of Columbia rejected the summary judgment motion of the plaintiffs challenging the conflict…more

Conflict Mineral Rules, Dodd-Frank, First Amendment, Free Speech, Minerals

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Women Drivers Take the Lead in the U.S. — Inching Ahead in Canada and U.K. Too

As women influence an estimated 80% — or more — of auto purchases, the auto industry has long targeted female buyers. Now, the industry is facing a majority of women drivers, not just buyers. According to Frost & Sullivan and…more

Automotive Industry, Automotive Loans, Driver's Licenses

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

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Zelda Williams and Social Media Decency

Social media commentators can be feral. This is largely due to a psychological phenomenon known as the online disinhibition effect. The relative anonymity of social media communications, for some, opens the door for cruel and…more

Communications Decency Act, Cyberbullying, Legal Perspectives, Popular, Social Media

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Department of Energy Makes it Easier to Access Low-Interest Financing

The U.S. Department of Energy is overhauling a $16 billion low-interest financing program to fund new technologies such as efficient engines, lightweight materials, and low-friction tires. This program, titled the Advanced…more

DOE, Energy Efficiency, Financing, Technology

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Blast Fax Cases Now Harder to Certify

Blast fax cases filed under the Telephone Consumer Protection Act just became harder to certify in Minnesota. On August 5, 2014 U.S. District Court Judge David S. Doty, in the case Sandusky Wellness Center LLC v. Medtox…more

Class Action, Class Certification, Faxes, Spam, Unsolicited Faxes

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Stakeholders Testify on Patent Subject Matter Eligibility

On May 9, 2014, the USPTO held a public forum on the USPTO’s new patent subject matter eligibility guidance (the “Guidance”). In promoting the forum, the USPTO stated that it wished to “to receive public feedback from…more

Patent Applications, Patent-Eligible Subject Matter, Patents, USPTO

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Evolving Healthcare Trends & Patents: Charting a Safe Course for Personalized Medicine

Rapid changes resulting from personalized medicine, including the ability to use individual patient biomarker data to generate a tailored treatment, are transforming healthcare. New business structures are evolving in the…more

AMP v Myriad, Healthcare, Healthcare Reform, Mayo v. Prometheus, Patent Infringement

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New SEC Chair: What It May Mean for the Municipal Securities Market

Participants in the municipal securities market should take particular interest in the appointment of Elisse B. Walter as chair of the SEC. Her close association with regulation of the municipal securities market makes it likely…more

Dodd-Frank, Elisse B. Walter, MSRB, Municipal Securities Market, SEC

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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Go Figure: The EEOC Clears Itself on Discrimination Charges

Yes, the title of this article is right. The EEOC recently issued a decision finding that it — the EEOC — did not discriminate on the basis of age when it chose a 35-year old applicant over a 71-year old applicant (and we will…more

Age Discrimination, Conflicts of Interest, Discrimination, EEOC

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Recent Notable Industry Developments

Following SEC Chair Mary Jo White’s recent remarks suggesting a change to the SEC’s long-standing policy of permitting defendants to settle cases “without admitting or denying” the SEC’s allegations of wrongdoing, co-Directors…more

CBOE, Enforcement Actions, FINRA, Mary Jo White, Neither Admit Nor Deny Settlements

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New Federal Guidance on Reducing Medicaid Hospital Readmissions

The Agency for Healthcare Research and Quality (AHRQ) recently issued a guide to assist hospitals in reducing Medicaid patient readmissions. The AHRQ Hospital Guide to Reducing Medicaid Readmissions is the product of a two-year…more

CMS, Healthcare, Hospital Readmission, Hospitals, Medicaid

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Investor Updates: Best Practices and Useful Tips from an Angel Investor

As an angel investor and lawyer I see a good number of investor updates, but I don't see companies sending them frequently enough and they don't usually include some of the most important content should be communicated to the…more

Angel Investors, Investors

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CMS Releases Medicare Part B Supplier Billing and Payment Data

Potential for Increase in Whistleblower Litigation - On April 8, 2014, The Centers for Medicare & Medicaid Services (CMS) released, with tremendous fanfare, hundreds of thousands of points of billing data regarding…more

CMS, False Claims Act, Medicare, Medicare Part B, Whistleblowers

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Department of the Interior Conducts Second Offshore Wind Auction

On September 4, 2013, the Interior Department’s Bureau of Ocean Energy Management (“BOEM”) held its public auction of the first federal lease for an offshore wind energy site off the Mid-Atlantic coast…more

Auction, BOEM, Department of the Interior, Leases, Offshore Wind

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Does Your Email Policy Pass Muster? New NLRB Decision Offers Guidance

Amidst the flurry of major legal announcements see here and here from the U.S. Supreme Court in the last couple of weeks, a recent NLRB decision slipped through barely noticed, yet it may have more practical consequences for…more

Compliance, Email, Employer Liability Issues, Human Resources Professionals, NLRB

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Next-Generation Manufacturing Should Place Greater Emphasis on Trade Secret Concerns

Picking up on our discussion last week about the pending Defend Trade Secrets Act of 2014, recent testimony by Eli Lilly’s Vice President and General Patent Counsel, Douglas K. Norman in support of this legislation offers a good…more

Defend Trade Secrets Act, Manufacturers, Trade Secrets

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Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)…more

Exemptions, Medical Devices, MRI, Property Tax

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Apple, Inc. - A Case Study in Successful Exploitation of Design and Innovation

Some of the world’s strongest consumer products companies have achieved this success by harmoniously integrating technical innovation and distinctive product design. Worldwide brands such as Bang & OlufsenTM are built on…more

Apple, Design Patent, Innovation, Patents

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly…more

Competition, Contract Drafting, DOJ, Most-Favored Nations

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First-Ever HIPAA Settlement Involving Fewer Than 500 Patients Announced

On January 2, 2013, the U.S. Department of Health and Human Services (HHS) announced a settlement with the Hospice of North Idaho (HONI) for potential HIPAA violations…more

Compliance, Data Breach, Data Protection, Health Information Technologies, HHS

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China's Auto Industry Invests in Michigan

With more than $1 billion invested in Michigan each year, Michigan is a top destination for Chinese investors. According to Jerry Xu, the President of the Detroit Chinese Business Association, Chinese investors are coming to…more

Auto Manufacturers, Automotive Industry, China

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White House Issues Executive Actions and Legislative Recommendations for High-Tech Patent Issues

On June 4, 2013, the White House issued a press release through the Office of the Press Secretary identifying five executive actions and seven legislative recommendations primarily directed at reducing or discouraging the…more

Barack Obama, Non-Practicing Entities, Patent Reform, Patent Trolls, Patents

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Florida Overhauls Its Data Security Breach Notification Law Effective July 1, 2014

On June 20, 2014 Governor Rick Scott approved the Florida Information Protection Act of 2014, overhauling the requirements and steps companies must follow when faced with a potential or actual security breach resulting in the…more

Cybersecurity, Data Breach, New Regulations, Notice Requirements, Personally Identifiable Information

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Federal Circuit Clarifies Standard for Obviousness of Design Patents

Practitioners involved with design patent litigation should take note of a recent decision by the Federal Circuit in MRC Innovations, Inc. v. Hunter Mfg., LLP, No. 2013-1433 (Apr. 2, 2014), where Federal Circuit clarified the…more

Design Patent, Obviousness, Patent Litigation, Patents

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Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to understand…more

Automobile Recall, Automotive Industry, General Motors, NHTSA, Toyota

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Trade Secrets – Protecting the (Corporate) Family Jewels

Disputes regarding trade secrets and corporate espionage are becoming perpetual fixtures in the news. One of the most common scenarios is that a key employee departs to join a competitor and his or her former employer quickly…more

Best Management Practices, Business Assets, Former Employee, National Association of Manufacturers, Risk Assessment

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Federal Circuit Holds That Even Functional Claims Require Structural Fence Posts

In AbbVie Deutschland Gmbh v. Janssen Biotech, Inc., the Federal Circuit affirmed the district court decision that found AbbVie’s patents directed to anti-IL-12 antibodies invalid for lack of adequate written description. As…more

Biotechnology, Functionality, Patent Infringement, Patent Litigation, Patents

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IRS' Final Employer Shared Responsibility Rules: Who is an "Applicable Large Employer"?

Earlier this year, the IRS issued final regulations that provide additional guidance on the employer shared responsibility rules (also called the “pay or play” rules) that will generally apply to employers’ group health plans…more

Affordable Care Act, Employer Mandates, Healthcare, IRS, Pay or Play

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New Accessibility and Energy Use Disclosure Requirements for California Commercial Landlords Effective July 1, 2013

Pursuant to California Civil Code Section 1938, each lease or rental agreement for commercial property executed on or after July 1, 2013 must state whether the property being leased or rented has undergone inspection by a CASp,…more

CASp, Commercial Leases, Disclosure Requirements, Energy Efficiency, Landlords

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Enforcer Nominated as FERC Chair

Enforcement experience and a prior Senate confirmation are features of President Obama’s choice to replace Jon Wellinghoff as a FERC Commissioner and Chairman. Norman Bay, the nominee, currently serves as the Director of the…more

FERC, Nominations

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New Consumer Product Safety Rules for Testing and Certification of Children's Products

On February 8, 2013, new requirements pertaining to product testing and certification for children’s products go into effect. These rules include, among other things, the following requirements..…more

Children's Toys, Consumer Product Safety Commission, CPSIA

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Mergers and Acquisitions for Academic Medical Centers

Academic Medical Centers and teaching hospitals (AMC/TH) are increasingly choosing to affiliate in some manner with other health care providers in order to surmount significant industry challenges. The first quarter of 2014 saw…more

Colleges, Hospitals, Mergers, Teaching Hospitals, Universities

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Gaps in New DOD Counterfeit Parts Rules Raise Compliance Questions for Contractors

The U.S. Department of Defense (DOD) published, on May 6, 2014, its first set of final regulations imposing specific obligations on defense contractors and their suppliers for the detection and avoidance of counterfeit…more

Counterfeiting, Defense Contracts, DOD, Electronics, Federal Contractors

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eDiscovery: The View From Singapore

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration…more

Arbitration, Discovery, Dispute Resolution, Electronic Filing, Electronically Stored Information

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Protection Against Foreign Anticompetitive Automotive Supply Chain Practices Affecting U.S. Activities

Automotive industry participants may face increased costs and risk from wholly foreign anticompetitive activities far upstream in their global supply chain. Antitrust laws, like the Sherman Act, protect American markets from…more

Antitrust Provisions, Automotive Industry, FTAIA, Sherman Act, Supply Chain

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Medicare’s 60-Day Proposed Refund Rule Imposes Significant Liability on Providers

As part of the Affordable Care Act, Congress outlined the process for providers to return Medicare and Medicaid overpayments. In 2012, CMS proposed the 60-day Refund Rule, as it is commonly known, requiring Medicare providers…more

Affordable Care Act, CMS, Look-Back Measurement Period, Medicaid, Medicare

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A Compilation of Enforcement and Non-Enforcement Actions

Renewed Call for Investment Adviser User Fees - As we reported in previous editions of our Investment Management Newsletter, various persons have proposed that a user fee be imposed on SEC registered investment advisers…more

Compliance, Dodd-Frank, Enforcement, Enforcement Actions, Investment Adviser

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OESA Regional Meeting – Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July 15,…more

Automotive Industry, DOJ, General Motors, Plea Agreements, Price-Fixing

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Bring Your Own Device Doesn't Mean Bring in Security Breach

Bring-Your-Own-Device (“BYOD”) policies have been picking up steam because of increased productivity, improved communications, and the need for employees to work remotely. However, when implementing any BYOD policy there are…more

Bring Your Own Device, Data Breach, Data Protection, Popular

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

See All Updates »

Crowdfunding Renewable Energy Projects in Early Stages and Growing in the U.S.

Direct investment in renewable energy projects has been an anticipated financing option among editorialists and bloggers the past year, and seems to finally be gaining traction in the United States…more

Crowdfunding, JOBS Act, Renewable Energy, SEC

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U.S. Supreme Court Reins in Bankruptcy Court Authority Under § 105(a)

On March 4, 2014, the United States Supreme Court issued its decision in Law v. Siegel, 571 U.S. __ (Mar. 4, 2014) and held that the bankruptcy court exceeded its authority under section 105(a) of the Bankruptcy Code and its…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Homestead Exemption, SCOTUS

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Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Arbitration, China, Counterfeiting, Discovery, Enforcement

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Office of Civil Rights Releases Guidance on De-Identification of PHI Under HIPAA Privacy Rule

On November 26, 2012, the Department of Health and Human Services Office for Civil Rights (OCR) released long-overdue guidance on how covered entities subject to the Health Insurance Portability and Accountability Act (HIPAA)…more

De-Identification, Healthcare, Healthcare Professionals, HHS, HIPAA

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Recent Decision Underscores Need for Involvement of Counsel in Internal Investigations

A recent federal court decision raises concerns about the ability of companies to maintain privilege over materials generated in connection with internal investigations. The case, United States ex rel. Barko v. Halliburton…more

Corporate Counsel, Halliburton, Internal Investigations, Investigations, Qui Tam

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Are Loan Documents Enforceable in Wisconsin?

Three recent decisions call attention to the fundamental issue of the extent to which courts will enforce loan agreements and guaranties in accordance with their terms rather than imposing uncertain standards of fairness,…more

Good Faith, Loan Documentation, Loans

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Are You “At Home” in the State In Which You Must Defend Against a Lawsuit? The Implications of Daimler AG v. Bauman

The U.S. Supreme Court recently issued a much anticipated decision in Daimler AG v. Bauman that will not only reverberate through the legal world, but the auto world as well. Large corporations that do business across a wide…more

Automotive Industry, DaimlerChrysler, DaimlerChrysler v Bauman, Foreign Corporations, Foreign Jurisdictions

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The (Not-So) Hidden Risks of RIDEA Investment Structures

Many Real Estate Investment Trusts (REITs) have embraced the REIT Investment Diversification and Empowerment Act (RIDEA) structure for their senior housing asset investments. Non-REIT institutional investors sometimes employ…more

Business Assets, Healthcare, Institutional Investment, Non-Exempt Assets, REIT

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You Posted My Medical Information on Facebook?!?!?

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals and ensures equal opportunity for persons with disabilities in employment. An employer is required to make a reasonable…more

ADA, Disability, EHR, PHI, Social Media

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Florida Overhauls Its Data Security Breach Notification Law Effective July 1, 2014

On June 20, 2014 Governor Rick Scott approved the Florida Information Protection Act of 2014, overhauling the requirements and steps companies must follow when faced with a potential or actual security breach resulting in the…more

Cybersecurity, Data Breach, New Regulations, Notice Requirements, Personally Identifiable Information

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Home Health Care Within Independent Living Communities

The provision of home health care services within independent living facilities (ILFs) is becoming more commonplace in some areas, allowing some ILF communities (which in most states are unregulated) to provide services to…more

Assisted Living Facility, Healthcare, Home Health Care, Independent Living Facility

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Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and…more

Appeals, Discrimination, Disparate Treatment, Employer Liability Issues, Harassment

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Recent Amendments to New York’s Not-For-Profit Corporations Law

Time to Update Your Corporate Bylaws? New York Gov. Andrew Cuomo signed the New York Non-Profit Revitalization Act of 2013 (Act), into law in December 2013, thereby adopting important changes to the governance of…more

Choice of Entity, Corporate Governance, Non-Profits

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7th Cir. Leaves Distressed-Asset Investor With No Remedy, or Exactly What it Bargained for

It’s rare that a party to a contract can breach it but not be liable for a remedy. Yet that’s precisely what happened last week in Southern Financial Group, LLC v. McFarland State Bank, No. 13-3378 (7th Cir. Aug. 15, 2014), a…more

Banking Sector, Banks, Breach of Contract, Debt Buyers, Discovery Rule

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Take Care to Avoid Reverse Discrimination Claims

Most discrimination cases involve claims that an employer discriminated against a minority employee on account of race, against a foreign employee based on national origin, or against a woman on account of gender. A recent case…more

See All Updates »

CFPB Issues Electronic-Closing Pilot Guidelines and Seeks to Use Technology to Improve Mortgage Closing Experience

The Consumer Financial Protection Bureau (CFPB) recently announced that it is launching an electronic-closing (e-Closing) Pilot program designed to address some of the most common concerns relating to the mortgage closing…more

CFPB, Closing Documents, Mortgages

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It’s All "Just Paperwork" Until Somebody Gets Hurt: Be Proactive in Preventing Workplace Violence

“Help, there is an angry man waving a gun around in the lobby!” These are the kinds of words no employer wants to hear and can make all other concerns seem trivial in comparison. Sadly, the statistics confirm what we regularly…more

Best Management Practices, Corporate Counsel, Employer Liability Issues, OSHA, Risk Assessment

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New NYSE Listing Standards Applicable to Compensation Committees and Advisers Now Final

On January 11, 2013, the SEC approved new listing standards regarding independence requirements for compensation committees and compensation advisers of New York Stock Exchange (NYSE) listed companies. The NYSE initially…more

Compensation Committee, Cure Periods, Exemptions, Listing Standards, NYSE

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No Coach Necessary for Potty-Mouth Employee

As we have recently noted, and as many employers have probably bemoaned a time or two, sometimes it feels like the legal concept of “reasonable accommodation” has little to do with real-world notions of what is reasonable,…more

ADA, Employer Liability Issues, Hiring & Firing, Interactive Process, Reasonable Accommodation

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New Guidance From the Federal Circuit on Motions to Stay Litigation Pending a PTAB Proceeding

In VirtualAgility Inc. v. Salesforce.com, Inc., No. 2014-1232 (July 10, 2014), the Federal Circuit issued its first opinion directed to the issue of when it is appropriate to grant a stay of a district court patent infringement…more

Covered Business Method Patents, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Litigation, Patent Trial and Appeal Board

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Supreme Court of Delaware Finds Fee-Shifting Bylaws Permissible and the Potential Delaware Legislative Response

On May 8, 2014, the Supreme Court of Delaware held that fee-shifting provisions in a non-stock corporation’s bylaws can be valid and enforceable if not enacted for an improper purpose or improperly applied, under Delaware law…more

ATP Tours, Bylaws, Corporate Counsel, Corporate Governance, Delaware General Corporation Law

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The EPA's Golden Rule: No Good Neighbor Goes Unpunished

Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee,” which add up to about $10,…more

Environmental Liability, Environmental Policies, EPA, Utilities Sector

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SEC Proposes Rules on CEO Pay Ratio Disclosure

On September 18, 2013, the Securities and Exchange Commission (SEC) proposed rules requiring publicly-traded companies to disclose the ratio of median compensation of all employees to the compensation of the principal executive…more

Disclosure Requirements, Dodd-Frank, Pay Ratio, SEC, Wages

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NPEs Continue to Play Large Role in Patent Litigation

The annual patent litigation study recently released by PricewaterhouseCoopers LLP (PwC) sets forth some interesting trends in patent litigation, including that cases involving non-practicing entities (NPEs) continue to account…more

Patent Infringement, Patent Litigation, Patents, Trolls

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Public-Private Manufacturing Innovation Institutes Announced

Following on the coattails of the Youngstown, Ohio, manufacturing hub, President Obama announced three more public-private manufacturing institutes – in North Carolina, Chicago and Detroit – to focus on advancing manufacturing…more

Barack Obama, Digital Goods, Electronics, Manufacturers, Metals

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Finding Investors and Investments: What Do You Look For?

Matching investors and investments is a two-way street. Investors and companies alike look for a good fit. Strategic investors are ideal for most growth companies. However, every company seeking capital must ensure that it fits…