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Archana Acharya

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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Joshua Agen

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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Mark Aiello

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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Bernardo Ainza

Summary of the Volcker Rule

On December 10, 2013, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity…more

Bank Holding Company Act, Banking Crisis, Banking Sector, CFTC, Commodity Sale Agreements

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Katherine Aizawa

IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

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

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Erika Alba

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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Richard Albert

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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David Albertson

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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Matthew Ambros

PTAB Terminates IPR Sua Sponte Where Claims Indefinite

As dictated by 35 U.S.C. § 311, a petitioner can pursue inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB” or “Board”) based on certain grounds of anticipation or obviousness under 35 U.S.C. §§ 102 or…more

Inter Partes Review Proceedings, Patent Litigation, Patent Trial and Appeal Board, Patents, Sua Sponte

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Scott Anderson

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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Theresa Andre

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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Kenneth Appleby

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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Michael Aprahamian

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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Yonaton Aronoff

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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George Ash

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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Jeff Atkin

Trade War Continues – China Hits U.S. Solar Material Suppliers with Final Anti-Dumping and Anti-Subsidy Duties

In a move viewed by many as retaliation against the U.S. for the anti-dumping and countervailing duties assessed by the U.S. against Chinese solar panels, China recently finalized its anti-dumping duties on imports into China of…more

Anti-Subsidies, Antidumping Duties, China, Countervailing Duties, Solar Panels

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Philip Babler

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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Michael G. Bailey

IRS Releases Helpful Guidance for Tax-Exempt Hospitals

The IRS released guidance at the end of 2013 that is helpful for tax-exempt hospitals in complying with the detailed additional federal tax requirements set forth in section 501(r) of the Internal Revenue Code. The guidance (1)…more

Exempt Organizations, Hospitals, IRS

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Andrew Balazer

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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Andrew S. Baluch

PTAB Practice Tip: When Must I Request ‘Authorization’ to File a Motion?

One of the most common mistakes parties make in the new Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings is failing to seek Board authorization to file a motion. Many practitioners incorrectly assume that…more

Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Trial and Appeal Board, Relief Measures

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David Y. Bannard

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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Jason Barglow

SEIA Report Reveals 2013 as Another Boom Year for U.S. Solar Industry

The Solar Energy Industries Association (SEIA) has released its annual report on the performance of the U.S. solar industry in 2013. As might be expected, the industry continued to set new milestones for growth in installed…more

SEIA, solar

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Paul Bargren

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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Roy Barquet

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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Catherine Basic

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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Jeffrey Bates

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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Andrew Baum

Full Class Heading Does Not Cover “All Services” in the United States

Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International…more

Madrid Protocol, Patent Litigation, Trademark Trial and Appeal Board, Trademarks, USPTO

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Nathan Beaver

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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George Beck

Supreme Court Hears Argument on Software Patents

On April 1, 2014, the Supreme Court heard arguments in Alice Corp. Pty. Ltd.v. CLS Bank Int’l, which concerns the patent eligibility of computer-implemented inventions. This is the fourth recent Supreme Court case addressing…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

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Stephen Bedell

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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Linda Benfield

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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Stephen Bent

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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Ryan Bewersdorf

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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Laura L. Bilas

City of Harrisburg Settles With SEC on Rule 10b-5 Violations

Recently, the SEC settled with the City of Harrisburg (City) over violations of Rule 10b-5 in connection with material misstatements and omissions made by the City in its public statements and financial information, during a…more

Disclosure, Rule 10b-5, SEC, Settlement

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John Birmingham Jr.

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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Martin Bishop

Zip Code Requests Off-Limits in Massachusetts Credit Card Transactions

In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card…more

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Mikel Bistrow

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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Jeffrey Blease

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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Bernard Bobber

“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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Alexis Finkelberg Bortniker

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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Angelica Boutwell

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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Michael Bowen

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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Rebecca Bradley

U.S. Supreme Court Expands Scope of Whistleblower Protections

Earlier this month, the U.S. Supreme Court concluded that whistleblower protections of Sarbanes-Oxley extend not only to employees of public companies, but to the employees of their contractors and subcontractors. See Lawson v…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

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Robert Bressler

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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Courtenay C. Brinckerhoff

Update on Myriad Appeal and Announcing a Public Forum on the USPTO 101 Guidelines

Myriad has appealed the district court decision that denied its motion for a preliminary injunction against Ambry Genetics Corp. According to a report in Bloomberg BNA Life Sciences Law & Industry Report™, on April 14, 2014, the…more

AMP v Myriad, Appeals, Life Sciences, Myriad, Patent Infringement

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Jason Britt

SREC II – Proposed Changes to MA DOER Regulations

The Massachusetts Department of Energy Resources (DOER) recently issued draft regulations for the second phase of its solar renewable energy certificate program, known as “SREC II”. The aim of the SREC II program is to implement…more

Brownfield Properties, Green Energy, Renewable Energy, Solar Energy

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Justus Britt

New Renewable Power Financing and Investment Opportunities in New York as State Opens Billion Dollar Funding Initiative Through “NY Green Bank”

New York just recently opened the New York Green Bank (“NY Green Bank”), the largest of its kind in the nation. The NY Green Bank is a division of the New York State Energy Research and Development Authority and will have an…more

Banks, Clean Energy, Funding, Green Banks, Renewable Energy

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H. Holden Brooks

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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Marshall J. Brown

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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Thomas Brown

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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Krista Cabrera

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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Katherine Califa

Full Class Heading Does Not Cover “All Services” in the United States

Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International…more

Madrid Protocol, Patent Litigation, Trademark Trial and Appeal Board, Trademarks, USPTO

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Michael Callahan

Outrageous Scams in Financing: Not So Unusual After All

When fundraising, remember—everyone is trying to cheat you. Well, that’s not really true, but it’s obvious that we’d all be skeptical if a foreign “prince” is offering a start-up company several million dollars with…more

Fraud, Funding, Scams

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Scott Callen

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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Raymond Carey

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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Christopher Celentino

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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Andrea Chambers

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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James Chapman

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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Max Chester

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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Jason Childress

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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Jean-Paul Ciardullo

New Scheduling Order May Preview Future Delaware "Local Patent Rules"

On March 24, 2014, Judge Sue L. Robinson of the District of Delaware adopted a new model Scheduling Order for patent cases litigated in her court. Apart from providing a comprehensive set of deadlines for virtually every aspect…more

Local Patent Rules, Patent Reform, Patents

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Akiva Cohen

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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Joseph Colaneri

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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Lisa Conmy

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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Gwendolyn Coomer

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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Carmen Couden

ACA’s “Pay-Or-Play” Penalty Delayed Until 2015

Last week, in a move welcomed by many employers, the Obama administration announced that it would delay implementation of certain key provisions of the Affordable Care Act (ACA) until 2015…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

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Timothy S. Crisp

Statements Rendered Credit Report Reseller a Credit Repair Organization

Sounding a cautionary note to the hypercompetitive credit report resale and monitoring industry, the U.S. Court of Appeals for the Ninth Circuit recently held that a reseller’s statements on its website and in television…more

Credit Reports, CROA

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Michael G. Dana

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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Benjamin Daniels

Finally…FDASIA Health IT Regulation Report Released

The U.S. Food and Drug Administration (FDA), along with HHS’ Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC, together with FDA and ONC, the “Agencies”)…more

Data Protection, FCC, FDA, FDASIA, Health Information Technologies

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Patrick Daugherty

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

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Gardner Davis

The Impact of Kahn v. M&F Worldwide Corp.: Delaware Supreme Court Affirms That Business Judgment Review Applies to Properly Structured Controlling Stockholder Buyouts

In Kahn v. M&F Worldwide Corp., the Delaware Supreme Court unanimously affirmed the Court of Chancery’s decision that the more deferential business judgment rule standard of review, rather than an entire fairness standard of…more

Business Judgment Rule, Controlling Stockholders, Minority Shareholders, Shareholder Litigation, Shareholder Votes

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Mark Diliberti

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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Tamar Dolcourt

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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Christopher Donovan

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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Gregg Dooge

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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Natasha Dorsey

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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John H. Douglas

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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Benjamin Dryden

A Workflow for Managing Large-Scale Document Reviews

Lawyers don’t like to think of themselves as assembly line workers. It isn’t that legal work is necessarily more complicated than assembly line work. Rather, the reason is that lawyers are trained to be generalists, and as a…more

Corporate Counsel, Document Review

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William DuFour III

Trade War Continues – China Hits U.S. Solar Material Suppliers with Final Anti-Dumping and Anti-Subsidy Duties

In a move viewed by many as retaliation against the U.S. for the anti-dumping and countervailing duties assessed by the U.S. against Chinese solar panels, China recently finalized its anti-dumping duties on imports into China of…more

Anti-Subsidies, Antidumping Duties, China, Countervailing Duties, Solar Panels

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JennyBess Dulac

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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John Dunlap

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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Joseph Edmondson Jr.

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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Theodore T. Eidukas

Clean-Up in Aisle 9: Ninth Circuit Finds Ralphs Grocery Company’s Arbitration Policy Unconscionable Under State Law Not Preempted by the Federal Arbitration Act

As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and applicability of arbitration provisions in contracts. For example, in AT&T Mobility LLC…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Federal Arbitration Act, Preemption

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John A. Eliason

Senate Finance Committee Passes PTC Extension as Part of Tax Extenders

On April 3, the Senate Finance Committee passed a modified extenders package that includes a two-year extension of the renewable energy production tax credit (PTC) under section 45 of the Internal Revenue Code as well as an…more

Production Tax Credit, Tax Extenders, Tax Reform

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Thomas I. Elkind

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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Simon J. Elliott

The Complexities of the USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. As discussed in this article, the proposed definition of “attributable owner”…more

Assignments, Corporate Veil, Disclosure Requirements, FTC, Patent Applications

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Nicholas Ellis

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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Elizabeth Elson

OIG Publishes Report Identifying Issues With 340B Contract Pharmacy Arrangements

On February 5, 2014, the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) published a report (OIG Report) describing the results of a survey it had conducted of the use of contract…more

340B, Healthcare, HHS, OIG, Pharmacies

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Bennett Epstein

"They Owe You" Does Not Always Mean You Can Withhold

It is common for employees to separate from employment while still owing money to their employer. Such indebtedness can be generally attributed to a variety of causes, which can be broken down into three categories..…more

Debt, Hiring & Firing, Overpayment, Wage Deductions, Wages

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James Ewing

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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Leonard Feigel

More Facebook Issues: This Time, It’s the Stored Communications Act

Employer use of social media information in employment decisions has received much attention in the past couple of years. As we have previously reported, several states have passed laws precluding employers from asking for…more

Facebook, NLRA, NLRB, Passwords, Social Media

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Jolene Fernandes

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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Peter D. Fetzer

A Compilation of Actions - April 01, 2014

In a recent SEC no-action letter (RS Global Natural Res. Fund, SEC no-action letter, available 3/6/14), the SEC stated that it would take a non-enforcement position if a SEC registered investment adviser to a fund registered…more

Compliance, Enforcement, Investment Company Act of 1940, No-Action Letters, SEC

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Michael Flanagan

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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Casey Fleming

IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

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

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Richard Florsheim

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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Howard Fogt

EU Commission Announces New European Technology Licensing Rules

The European Union adopted on March 21, 2014, revised competition rules for the transfer of technology covering certain categories of agreements for licensing of patents, know-how and software copyrights. The EU reaffirmed its…more

EU, European Commission, Licensing Rules, Technology

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Benjamin Folsom

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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Jennifer Forde

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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Carl Fortner

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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Scott L. Fredericksen

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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Melesa Freerks

Finally…FDASIA Health IT Regulation Report Released

The U.S. Food and Drug Administration (FDA), along with HHS’ Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC, together with FDA and ONC, the “Agencies”)…more

Data Protection, FCC, FDA, FDASIA, Health Information Technologies

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Dayna Frenkel

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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David Froiland

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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Gabor Garai

Beware of Clever Angels

Angel funding is a critical source of capital for early stage companies. This type of financing will typically raise from $100,000 to $1,000,000 – with even higher amounts coming from so-called “super angels.” Yet, at this early…more

Angel Investors, Funding, Startups

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Jonathan Garlough

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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C. Frederick Geilfuss II

Remaining Independent: A Viable Option for Community Hospitals

The environment for independent community hospitals is challenging. Government reimbursement reductions, technology enhancements and other capital demands, preparation for a changing health care system based on population health…more

Healthcare, Hospitals

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John Geis

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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Jeanne M. Gills

Pre-Issuance Conduct May Support Declaratory Judgment Jurisdiction

On March 11, 2014, in Danisco US Inc. v. Novozymes A/S, No. 2013-1214 (Fed. Cir.), the Federal Circuit held that pre-issuance conduct can be considered when determining whether a declaratory judgment defendant has instigated a…more

Declaratory Judgments, Jurisdiction, Patent Litigation, Patents, USPTO

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Geoffrey Goodman

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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Janina Gorbach

DMCA Deadlines May Not Trump Registration Requirement for Copyright Infringement

Before bringing an action for Copyright infringement in Federal Court, a Copyright holder must first register their Copyright with the U.S. Copyright Office. See 17 U.S.C. § 411. This is true even though a Copyrighted work is…more

Copyright, Copyright Infringement, Deadlines, DMCA, Registration

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David Goroff

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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Christopher Grigorian

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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Michael Groebe

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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Reed Groethe

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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Jaime B. Guerrero

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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Victor de Gyarfas

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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M. Leeann Habte

HHS Issues Final Omnibus HIPAA/HITECH Rule

On January 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued the long-awaited omnibus final rule (the Rule) implementing changes in current regulations under the Health…more

Business Associates, Data Breach, Data Protection, Disclosure Requirements, Enforcement

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Christopher Hanson

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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Rebecca R. Hanson

CFPB Takes Its First Aim at Abusive Practices Under Dodd-Frank

Yesterday, the CFPB took the first step in enforcing the “abusive” standard under the Dodd-Frank Act’s prohibition of unfair, deceptive and abusive acts and practices (“UDAAP”) by filing a federal action against a Florida…more

CFPB, Debt Collection, Debt-Relief Industry, Dodd-Frank, FTC

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Eric Hatchell

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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Rouget F. Henschel

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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Samuel Hoffman

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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Bryan House

A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for…more

FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS, Whistleblower Protection Policies

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Chanley Howell

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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Roberta Howell

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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Robert Huey

SolarWorld Files New Anti-Dumping and Anti-Subsidy Cases against China and Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a…more

Anti-Dumping Duty, China, Environmental Claims, Investigations, Solar Panels

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William Hughes

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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Edward Hurley

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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Gregory Husisian

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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Kevin Hyde

Retaliation Gets a Broader View

Retaliation cases continue to grow in number and, in a decision on June 4, 2013 of the Tenth Circuit Court of Appeals, in scope as well…more

Hiring & Firing, Protected Activity, Retaliation, Sarbanes-Oxley, Whistleblower Protection Policies

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Emory Ireland

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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Robert Iseman

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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Jonathan Israel

Interns: Unpaid and Unprotected?

As we have previously mentioned, issues relating to unpaid interns continue to be a hot topic. In the wage law arena, disenchanted former interns have brought a string of well-publicized class action lawsuits against their…more

Class Action, Discrimination, NYCHRL, Over-Time, Sexual Harassment

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Bradley Jackson

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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Heidi H. Jeffery

City of Harrisburg Settles With SEC on Rule 10b-5 Violations

Recently, the SEC settled with the City of Harrisburg (City) over violations of Rule 10b-5 in connection with material misstatements and omissions made by the City in its public statements and financial information, during a…more

Disclosure, Rule 10b-5, SEC, Settlement

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Trent Johnson

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

See All Updates »

Pamela L. Johnston

A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for…more

FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS, Whistleblower Protection Policies

See All Updates »

Jessica Joseph

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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James R. Kalyvas

White House Releases Voluntary Guidelines for Cybersecurity

On Wednesday, February 12, the White House released the Framework for Improving Critical Infrastructure Cybersecurity. The Framework represents the culmination of a year-long private-sector led effort to create voluntary…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, NIST

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Brian Kapatkin

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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Daniel A. Kaplan

As the Class Waiver Turns — The Latest in the D.R. Horton Saga

Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Kellen Kasper

Michael Jordan v. Jewel Food Stores: The Seventh Circuit Explores the Boundaries of Commercial Speech

When and how the First Amendment applies is normally a complicated question. In a case decided earlier this week, Michael Jordan v. Jewel Food Stores, Inc., No. 12-1992, the parties teamed up to present an issue on commercial…more

Commercial Speech, First Amendment, Free Speech, Michael Jordan

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Jennifer M. Keas

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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Christina Kennedy

‘Tis the Season for Office Romances … Love and the Office Water Cooler

As Valentine’s Day approaches, what better time to address the proverbial workplace issue — the office romance. While everyone certainly loves a great love story with a happily ever after ending, unfortunately, office romance…more

Anti-Harassment Policies, Investigations, Love Contracts, Workplace Romances

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Bruce Keyes

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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Emil Khatchatourian

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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Jonathan Kilman

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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Ivonne Mena King

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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John Klusaritz

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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Maria E. Gonzalez Knavel

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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Antoinette F. Konski

USPTO Issues Guidance for Examining Process Patents

On March 4th, 2014, the U.S. Patent and Trademark Office (USPTO) issued “2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles, Natural Phenomena, And/Or…more

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

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Jeffrey S. Kopp

FMLA Challenges in a Next-Generation Manufacturing World

Successful next generation manufacturers must work with their customers and suppliers as true partners in order to rapidly produce high-quality products…more

Compliance, FMLA, Human Resources Professionals, Manufacturers

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Katherine Kraschel

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

See All Updates »

Lawrence Kraus

"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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Thomas Krebs

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

See All Updates »

Randell Krug

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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Nicholas Kyriakopoulos

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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Nathaniel Lacktman

Draft Guidelines for TeleICU Operations Released

The American Telemedicine Association released draft Guidelines for TeleICU Operations on March 28, 2014 and is seeking public comments through April 26, 2014. Practice guidelines can serve as a useful reference point for…more

mHealth, Standard of Care, Telehealth, Telemedicine

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Roger Lane

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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Tara Langvardt

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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John Lanza

“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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Richard Lasater II

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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Christi Lawson

CFPB Unveils New Integrated Disclosures Under RESPA and TILA

Today, in a broadcast streamed live on the internet, the CFPB unveiled the long awaited final rule that contains the Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (“RESPA”), Regulation X, and…more

CFPB, Closing Documents, Disclosure Requirements, Lenders, Mortgage Brokers

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Christina LeBlanc

Significant Estate Planning Developments in 2013

The American Taxpayer Relief Act of 2012 (Act) was enacted on January 2, 2013…more

American Taxpayer Relief Act, Estate Planning, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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Joanne Lee

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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Robert Lee

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

See All Updates »

Zhu Julie Lee

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

See All Updates »

Michael Leffel

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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Chauncey W. Lever, Jr.

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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Melinda Levitt

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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Sophie Lignier

EU Commission Announces New European Technology Licensing Rules

The European Union adopted on March 21, 2014, revised competition rules for the transfer of technology covering certain categories of agreements for licensing of patents, know-how and software copyrights. The EU reaffirmed its…more

EU, European Commission, Licensing Rules, Technology

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Song Lin

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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John L. Litchfield

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate…more

Audio Recording, Eavesdropping, Invasion of Privacy, Right to Privacy, Surveillance

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Kevin Littman

Supreme Court Hears Argument on Software Patents

On April 1, 2014, the Supreme Court heard arguments in Alice Corp. Pty. Ltd.v. CLS Bank Int’l, which concerns the patent eligibility of computer-implemented inventions. This is the fourth recent Supreme Court case addressing…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

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Jessica Lochmann

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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John Lord Jr.

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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Adam Losey

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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Omar Lucia

Fiat Deal for Full Ownership of Chrysler Further Evidence of Strong U.S. Automotive Market

When Fiat announced its $4.35 billion deal to gain full control of Chrysler Group LLC, market approval came quickly as Fiat’s shares spiked to over 2 year highs. The deal, which recently closed, is viewed as an effort by Fiat to…more

Automotive Industry, DaimlerChrysler, Fiat

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Michael Lueder

More TCPA Lawsuits Coming: Express Consent Can Be Revoked at Any Time

Express consent to be called using an autodialer can be revoked at any time, says the U.S. Court of Appeals for the Third Circuit. On August 22, 2013, in Gager v. Dell Financial Services, LLC, the Court attacked a common…more

Cell Phones, Consent, Debtors, Dell, FCC

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Stephen B. Maebius

USPTO Issues New Guidelines on Subject Matter Eligibility Under 35 USC 101 in View of Myriad and Prometheus

The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and Mayo…more

Patent-Eligible Subject Matter, USPTO

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Emily F. Magee

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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Kumar Maheshwari

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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Susan Maisa

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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Barry Mandel

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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Kristy Kunisaki Marino

The NLRB Hits Just Keep Coming. This Time, Possible Front-Pay

There seems to be no slowing to the NLRB’s unusually high recent activity…more

Back Pay, Collective Bargaining, Compliance, Compliance Casehandling Manual, Front Pay

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Galen Mason

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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Michael Matthews

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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Larry McBride

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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Gregory McClune

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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Michael McCollum

Trending Issues in the Prosecution of Trade Secret Theft

A year ago, we reported on a recent important change to the Economic Espionage Act (“EEA”), making the theft, transmission, or receipt of trade secrets a federal crime. The change clarifies that the EEA does not only apply to…more

Economic Espionage Act, Theft, Trade Secrets

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Maureen McGinnity

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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Richard McKenna

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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William McKenna

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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James McKeown

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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Peter McLaughlin

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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Chao Meng

New Amendments to Delaware Law Impacts Mergers and Defective Corporate Acts

Delaware recently passed amendments to its General Corporation Law, which will impact corporate and acquisition rules for the automotive industry. The amendments add several new provisions to the DGCL, including provisions that…more

Automotive Industry, Back-End Mergers, Defective Corporate Acts, New Amendments, Shareholder Votes

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Jeffrey Mikrut

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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Adrienne Hunacek Miller

Mischaracterizing Record of Ex Parte Reexamination May Constitute Inequitable Conduct

In Ohio Willow Wood Co. v. Alps South, LLC, No. 2012-1642 (Nov. 15, 2013) the Federal Circuit reversed a district court’s summary judgment ruling of no inequitable conduct and suggested in its decision that the patentee…more

Ex Parte, Patent Infringement, Patent Litigation, Patents, Summary Judgment

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Cleta Mitchell

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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Paul Monsees

Does Your 2014 “To Do” List Include Updating Your Company’s Trade Secret Protections?

As you consider the tasks you did not quite finish in 2013 and look ahead to 2014, we recommend including on your to-do list a review of your company’s practices and procedures for protecting its valuable, proprietary…more

Confidential Information, Confidentiality, Non-Compete Agreements, Trade Secrets

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Belinda Morgan

IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

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

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Richard Moskitis

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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Thomas McCann Mullooly

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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Jenna Murphy

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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Jan Murray

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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Frank Murray Jr.

D.C. Circuit Partially Strikes Down SEC Conflict Minerals Rules

On April 14, 2014, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in the challenge to the SEC’s conflict minerals disclosure rule filed by the National Association of Manufacturers (“NAM”) and…more

Administrative Procedure Act, Conflict Mineral Rules, Disclosure Requirements, First Amendment, National Association of Manufacturers

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Pooja S. Nair

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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Asha Natarajan

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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Terry D. Nelson

A Compilation of Actions - April 01, 2014

In a recent SEC no-action letter (RS Global Natural Res. Fund, SEC no-action letter, available 3/6/14), the SEC stated that it would take a non-enforcement position if a SEC registered investment adviser to a fund registered…more

Compliance, Enforcement, Investment Company Act of 1940, No-Action Letters, SEC

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Gregory Neppl

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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Mark Neuberger

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment…more

Confidentiality, Disability, Employee Handbooks, FMLA, Hiring & Firing

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Jennifer Neumann

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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Laura Neumeister

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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Jill Nicholson

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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Alex Nie

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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Alexandre C. Nisenbaum

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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Lisa Noller

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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Sarah Null

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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Felicia O'Connor

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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Michael Overly

White House Releases Voluntary Guidelines for Cybersecurity

On Wednesday, February 12, the White House released the Framework for Improving Critical Infrastructure Cybersecurity. The Framework represents the culmination of a year-long private-sector led effort to create voluntary…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, NIST

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Ryan Parsons

Donning and Doffing More Than His Robe, Judge Posner Tries an Experiment in Chambers

At the end of every episode of the People’s Court, viewers were admonished: “Don’t take the law into your own hands. You take them to court.” But what happens when you do take them to court, and the judge takes the facts into…more

Appeals, Doffing, Donning, Richard Posner, Wage and Hour

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Shilpa Patel

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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Eric Pearson

Rational Basis Review Is Not Empirical Basis Review: Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen

Late last year the Seventh Circuit issued its decision in Planned Parenthood of Wisconsin, Inc. v. Van Hollen, No. 13-2726 (7th Cir. Dec. 20, 2013), a constitutional challenge to a new Wisconsin law (known as Act 37) that…more

Standard of Review

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Thomas Pence

Assessing Credibility While Conducting Harassment Investigations

Employee Jones tells Human Resources that employee Smith has been making sexually offensive comments at work. Jones provides dates and details. Human Resources interviews Smith, who says Jones is making up the story and…more

Evidence, Harassment, Human Resources Professionals, Internal Investigations

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Yesenia Garcia Perez

The CFPB Requests That Agreements Marketing Financial Products to Students Enrolled in Institutions of Higher Education be Voluntarily Made Available on the Company’s Website

As a follow up to its initial inquiry earlier this year, the Consumer Financial Protection Bureau (“CFPB”) is alerting financial institutions about the “potentially risky practice of making secret payments” to colleges and…more

CFPB, Colleges, Credit Cards, Marketing, Students

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Larry S. Perlman

Funeral Leaves Are Not Always What They May Seem

We often counsel employers to be wary of employment law considerations in situations that may not seem obvious at first glance. For example, prohibiting employees from using certain language on social media sites has proven to…more

Bereavement Leave, Discrimination, Funerals, Hiring & Firing, Reasonable Accommodation

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Todd Pfister

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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Philip Phillips

The Sixth Circuit Invalidates Shortened Limitations Period for FLSA and EPA Claims

In some jurisdictions, such as Michigan, an employer may be able to shorten the statute of limitations for an employee to file an employment discrimination lawsuit…more

Discrimination, Equal Pay Act, FLSA, Gender Discrimination, Gender-Based Pay Discrimination

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Rebecca Pirozzolo-Mellowes

Considerations If Conceding Infringement Or Designing Around

A decision issued by the Federal Circuit earlier this year raises a few things to have in mind when considering whether to concede infringement and when planning to design around a patent. In Proveris Scientific Corp. v…more

Patent Infringement, Patents

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Mark Plichta

D.C. Circuit Partially Strikes Down SEC Conflict Minerals Rules

On April 14, 2014, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in the challenge to the SEC’s conflict minerals disclosure rule filed by the National Association of Manufacturers (“NAM”) and…more

Administrative Procedure Act, Conflict Mineral Rules, Disclosure Requirements, First Amendment, National Association of Manufacturers

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Brian Potts

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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Patrick Quick

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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Stephanie Quick

PTAB Invalidates Patent Despite Settlement

As more and more AIA post-grant review decisions are being issued, practitioners should be aware that the Patent Trial and Appeal Board (PTAB) may rule on the validity of the patent at issue despite settlement by the parties…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Settlement

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Aubrey Refuerzo

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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David Reicher

Imminent Dodd-Frank Compliance Issues for Users of Swaps and Derivatives

Implementation of the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) affecting users of swaps and derivatives has been moving forward. Numerous rules of the Commodity Futures Trading…more

CFTC, Commodities, Derivatives, Dodd-Frank, FX Swaps

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Myla Reizen

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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Kurt Rempe

Xcel Announces RFP for 150 MW of Solar

Solar project developers and investors should mark their calendars for April 15, 2014, when Xcel Energy plans to issue a Request for Proposals (RFP) for up to 150 MW of solar generation…more

Renewable Energy, Request for Proposals, Solar Energy

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Richard Rifenbark

CMS and OIG Issue Final Regulations to Extend the Stark Exception and Anti-Kickback Statute Safe Harbor for EHR Donations

On December 27, 2013, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General (OIG) finalized amendments to the Physician Self-Referral Law (Stark) and…more

Anti-Kickback Statute, CMS, EHR, Healthcare, HHS

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Cynthia Rigsby

Supreme Court to Tackle Plenty of IP Issues in 2014

On January 10, 2014 the Supreme Court granted certiorari in two patent cases, one copyright case, and a fourth case that may have implications for federal trademark law. The Court had already granted certiorari in at least five…more

Aereo, Certiorari, Induced Infringement, Internet Streaming, Nautilus Inc. v. Biosig Instruments

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Leigh Riley

IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

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

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Matthew Riopelle

Recharging the Auction for Fisker’s Assets

When Fisker filed bankruptcy in November, it planned to sell its assets to Hybrid Tech, the acquirer of Fisker’s $168.5 million loan from the Department of Energy, by way of credit bid. Before the sale (requiring the approval of…more

Auction, Commercial Bankruptcy, DOE, Fisker

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Steven Rizzi

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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Ruben Rodrigues

Supreme Court to Tackle Plenty of IP Issues in 2014

On January 10, 2014 the Supreme Court granted certiorari in two patent cases, one copyright case, and a fourth case that may have implications for federal trademark law. The Court had already granted certiorari in at least five…more

Aereo, Certiorari, Induced Infringement, Internet Streaming, Nautilus Inc. v. Biosig Instruments

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Donald H. Romano

CMS and OIG Issue Final Regulations to Extend the Stark Exception and Anti-Kickback Statute Safe Harbor for EHR Donations

On December 27, 2013, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General (OIG) finalized amendments to the Physician Self-Referral Law (Stark) and…more

Anti-Kickback Statute, CMS, EHR, Healthcare, HHS

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Daniel Rose

Forward-Publishing Your Patents? Best and Worst Case Scenarios...

Patents are a tool to discourage inventors to keep trade secrets, by trading public disclosure for a limited monopoly. Forward-publishing an application is a deliberate embrace of this philosophy, eliminating even the temporary…more

Forward Publishing, Law Matters, Patent Applications, Patent Infringement, Patent Litigation

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David Rosen

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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Elizabeth Rosen

New York Reconsidering Private Equity Investment in Health Care Entities

New York State is again considering whether to allow private equity investment in health care facilities after the first proposal to do so was dropped from the 2013-2014 enacted budget due to a lack of support…more

Healthcare, Investors, Private Equity

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Chris Rossman

Supreme Court Rules Equitable Tolling Cannot Be Used To Extend Deadline For Filing Medicare Part A Reimbursement Appeals

On January 21, 2103, the U.S. Supreme Court unanimously held in Sebelius v. Auburn Regional Medical Center that the Medicare statute does not permit the time period for filing an appeal with the Provider Reimbursement Review…more

Appeals, CMS, Equitable Tolling, Medicare, Physician Medicare Reimbursements

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Gary Rovner

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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Edwin Thom Rumberger Jr.

The Changing Landscape of Seed Stage Financing, Part III: Revisiting the Debt vs. Equity Dilemma

In the third and final installment of this blog post series, we’ll return to last week’s question (Should I sell convertible debt or equity?), and consider the other side of the coin: choosing equity instead of debt. We’ll need…more

Business Formation, Debt, Equity Financing, Funding, Loans

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Wendy Rusch

Significant Estate Planning Developments in 2013

The American Taxpayer Relief Act of 2012 (Act) was enacted on January 2, 2013…more

American Taxpayer Relief Act, Estate Planning, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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Alan Rutenberg

Hart-Scott-Rodino Thresholds to Increase Further Due to Annual Indexing

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 23, 2014. The thresholds are adjusted annually based upon changes in…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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J. Steven Rutt

Update on Nanotechnology Class 977 Patent Filings in 2013 – the Patent Race Slows an Ounce?

2013 is flying by, remarkably fast, so it was time to check how the class 977 patent filings are coming for the new year. Last year provided a record 4,098 nanotechnology publications…more

Nanotechnology, Patents, PTO

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David B. Ryan

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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Connor Sabatino

Even If It Does Not Say So, an Arbitration Agreement May Preclude Class Actions

Nearly two years ago, in the now infamous D.R. Horton decision, the National Labor Relations Board ruled that it constitutes an unfair labor practice for an employer to require, as a condition of employment, that employees…more

Arbitration, Arbitration Agreements, Claim Preclusion, Class Action, D.R. Horton

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Selig Sacks

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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Peter Sanborn

Time Is Money, Managing Time in a Negotiation Can Really Pay Off

In today’s global marketplace, Ben Franklin’s observation that “time is money” is as true now as ever. Companies (large and small) feel tremendous pressure to quickly line up and close deals – whether to bring in revenue, meet…more

Negotiations, Time-Management

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R. Michael Scarano Jr.

340B Drug Pricing Program Developments in the New Year

On January 9, 2014, the Health Resources and Services Administration (HRSA) posted an update on its current and anticipated 340B drug pricing program (340B) program integrity efforts.1 The update includes a discussion of HRSA’s…more

340B, Covered Entities, Drug Manufacturers, HHS, HRSA

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Kristel Schorr

USPTO Issues New Guidelines on Subject Matter Eligibility Under 35 USC 101 in View of Myriad and Prometheus

The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and Mayo…more

Patent-Eligible Subject Matter, USPTO

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Charles Schwenck

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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Scott T. Seabolt

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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Alan Seagrave

ICE’s Attempt to Elicit Admission of Liability in Form I-9 Settlement Agreements Fails

Disputes between employers and U.S. Immigration and Customs Enforcement (ICE) are heard by the U.S. Department of Justice’s Office of the Chief Administrative Hearing Officer (OCAHO), which rules on issues arising under the…more

Admissions of Liability, Consent Agreements, Foreign Nationals, I-9, ICE

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Nancy Sennett

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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Anil Shankar

OIG Publishes Report Identifying Issues With 340B Contract Pharmacy Arrangements

On February 5, 2014, the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) published a report (OIG Report) describing the results of a survey it had conducted of the use of contract…more

340B, Healthcare, HHS, OIG, Pharmacies

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Daniel Shelton

Federal Circuit Finds “Molecular Weight” to Be Insolubly Ambiguous

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Federal Circuit invalidated a number of claims directed to a polymer defined by its “molecular weight” because the term was ambiguous, and Applicants’ conflicting statements…more

Ambiguous, ANDA, Generic Drugs, Infringement, Patents

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Howard Shipley

Inter Partes Review Worthwhile Alternative to Patent Litigation

The United States Patent and Trademark Office (USPTO) recently issued its second decision in a new inter partes review proceeding. In the decision, the USPTO Patent Trial and Appeal Board invalidated all of the claims of the…more

Inter Partes Review Proceedings, Litigation Hold, Patent Infringement, Patent Trial and Appeal Board, Patents

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Thomas Shriner, Jr.

Dart Cherokee: SCOTUS to Hear Case on CAFA Pleading Requirements

The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct. The Court granted certiorari today in a case that will resolve whether defendants filing…more

CAFA, Class Action, Pleading Standards, Pleadings, SCOTUS

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Margaret Siegel

Protecting Your Value: The Importance of the Employee NDA

Where is your company’s value? If you are a young start-up company, it’s probably in ideas. Any new invention, new way of attracting business, new way of streamlining a process, or anything else “new” starts with an idea…more

Non-Disclosure Agreement, Restrictive Covenants

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Lucas Silva

An Even Faster Track in E.D. Texas: Accelerated Damages Discovery in Patent Cases

On February 25, 2014, Chief U.S. District Judge Leonard Davis of the Eastern District of Texas unveiled an optional accelerated discovery schedule for cases involving claims of patent infringement. General Order 14-3 authorizes…more

Damages, Expedited Discovery, Patent Infringement, Patent Litigation, Patents

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David W. Simon

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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Matthew Smith

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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Justin Sobaje

Are Computer-Implemented Inventions Patent Eligible?

On March 31, the Supreme Court will hear arguments in Alice Corp. Pty. Ltd. v. CLS Bank Int’l (Supreme Court Docket No. 13-298). At issue is the scope of § 101 patent-eligible subject matter, with the patent eligibility of…more

Alice Corporation, Cloud Computing, CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter

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Jeffrey Soble

OESA Sees Sunny Skies for Auto Industry

The Original Equipment Suppliers Association (OESA) recently released its 2013 Annual Report which includes an interesting and positive “State of the Industry.” Modest growth is projected for both 2014 and 2015, pushing expected…more

Automotive Industry, Supply Chain

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Anita Sorensen

E-Verify: Enrollment Up, But DHS Is on the Prowl for Misuse

The United States Department of Homeland Security (“DHS”) has been very successful in increasing the number of employers that participate in the E-Verify program. As of late January 2014, over 500,000 employers are enrolled and…more

DHS, E-Verify, Hiring & Firing, Human Resources Professionals, I-9

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Margareta Sorenson

Federal Circuit Finds Prosecution History Disclaimer in Enablement Arguments

In Biogen Idec, Inc. v. GlaxoSmithKline LLC, the Federal Circuit upheld a narrow claim interpretation based on prosecution history disclaimer. The court held that the applicants’ arguments against an enablement rejection served…more

Biogen Idec, Disclaimers, Enablement Inquiries, GlaxoSmithKline, Patents

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Katherine Spitz

You May Think They Are Disabled But That Doesn’t Mean You “Regarded“ Them as Disabled

While the 2008 amendments to the Americans with Disabilities Act (“ADA”) made it easier for employees to state a claim that he or she was “regarded as” having a disability, a recent decision from a federal court highlights that…more

ADA, Disability, Disability Discrimination, Reasonable Accommodation

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Marcus Sprow

When Outsourcing Manufacturing Can be a Patent Killer

In recent decades, companies seeking to reduce manufacturing costs and improve profit margins have increasingly employed contract manufacturing – that is, the outsourcing of partial or complete manufacturing of products to third…more

China, India, Manufacturers, Outsourcing, Patents

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Krista Sterken

FMLA and ADA: The Brad and Angelina of Employment Law

An employee comes to your human resources department to request Family and Medical Leave Act (“FMLA”) leave for an upcoming surgery to address his longstanding back pain, which has caused him increasing difficulties at work. You…more

ADA, Compliance, Employer Liability Issues, FMLA

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Richard Stoll

EPA’s New Non-Hazardous Secondary Materials Rule

In its massive new industrial boiler rules (issued January 31, 2013), EPA singled out “manufacturers of motor vehicle parts and accessories” as one of the most affected industry types. On February 7, 2013, EPA issued a new rule…more

Auto Manufacturers, Boilers, Clean Air Act, EPA, Non-Hazardous Secondary Materials

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Brian Sun

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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Christopher Swift

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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Masahiro Tanabe

Non-U.S. Companies Struggle to Implement U.S.-Style Document Retention Policies

Many of us in the U.S. legal community know that developing and implementing a defensible document retention policy is important, if not crucial, to a company’s data management. It can speed up the procedures in, or reduce the…more

Corporate Counsel, Document Requests, Required Documentation

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Aaron Tantleff

White House Releases Voluntary Guidelines for Cybersecurity

On Wednesday, February 12, the White House released the Framework for Improving Critical Infrastructure Cybersecurity. The Framework represents the culmination of a year-long private-sector led effort to create voluntary…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, NIST

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Michael Taveira

California Transparency in Supply Chains Act

As of last year, the California Transparency in Supply Chains Act requires qualifying businesses to disclose their efforts to eradicate human trafficking and slavery from their direct supply chains. …more

Disclosure Requirements, Human Trafficking, Manufacturers, Retailers, Slavery

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Van Tengberg

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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Mark Thimke

Seventh Circuit Presents Statute of Limitations Roadblock for Future PSD Enforcement Matters

On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the…more

Clean Air Act, Construction Permits, EPA, Gabelli v SEC, PSD

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Michael Thompson

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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Louis Thorson

Proposed Chemical Safety Improvement Act Seeks Modernization of Chemical Regulation

On May 22, 2013, a bipartisan group of U.S. Senators (including Sen. David Vitter (R-La.) and the recently deceased Sen. Frank Lautenberg (D-N.J.)) introduced the “Chemical Safety Improvement Act of 2013” (“CSIA”) in an effort…more

EPA, Hazardous Substances, Proposed Legislation, Safety Precautions, TSCA

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Jeffrey Thrope

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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Morgan Tilleman

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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Erin Toomey

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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Jennifer N. Toussaint

CFPB Issues Final Rules Amending Regulation X and Regulation Z

Today, the CFPB issued final rules amending Regulation X (Real Estate Settlement Procedures Act (“RESPA”)) and Regulation Z (Truth in Lending Act (“TILA”)). The amendments focus on mortgage servicing requirements and servicer…more

CFPB, Mortgages, RESPA, TILA

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Kathryn Trkla

Imminent Dodd-Frank Compliance Issues for Users of Swaps and Derivatives

Implementation of the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) affecting users of swaps and derivatives has been moving forward. Numerous rules of the Commodity Futures Trading…more

CFTC, Commodities, Derivatives, Dodd-Frank, FX Swaps

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John Turlais

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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James Tynion III

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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Ann Marie Uetz

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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Jay Varon

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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Robert Vechiola

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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Lawrence Vernaglia

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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Erik Vogt

Compliance Checkup: Does Your Company’s Retiree Medical Coverage Get a Passing Grade?

Does your company offer retiree medical coverage? This article highlights some of the common legal compliance issues we’ve noted recently when reviewing post-retirement medical coverage, and provides recommendations for dealing…more

Affordable Care Act, Compliance, Healthcare, Retirement

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Brandi Walkowiak

U.S. Supreme Court Expands Scope of Whistleblower Protections

Earlier this month, the U.S. Supreme Court concluded that whistleblower protections of Sarbanes-Oxley extend not only to employees of public companies, but to the employees of their contractors and subcontractors. See Lawson v…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

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Judith A. Waltz

OIG Releases Report on Medicaid Fraud Control Units

The Department of Health and Human Services (HHS) Office of Inspector General (HHS-OIG) has released its Fiscal Year (FY) 2013 Annual Report (Report) on the performance of the Medicaid Fraud Control Units (MFCU)…more

Healthcare Fraud, HHS, Medicaid, Medical Devices, OIG

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Christopher Ward

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate…more

Audio Recording, Eavesdropping, Invasion of Privacy, Right to Privacy, Surveillance

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Dorothy Watson

New Backup Generator Rule Expands Usage Exemption but Faces Challenge

Backup generators used in a broad range of industries, including medical, agriculture, and oil and gas production facilities, are now subject to new emission standards. New EPA regulations for reciprocating internal combustion…more

Emergency Generators, EPA, Greenhouse Gas Emissions, RICE Generators

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J. Mark Waxman

New York State Adopts First Post-Phoebe Putney Law Extending State Antitrust Immunity to a Public Hospital — How It Came About and Potentially Provides a Model for Others

On October 24, 2013, Governor Andrew Cuomo signed what we believe is the first post-Phoebe Putney statute (see FTC v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013)), extending the State’s antitrust immunity to Nassau…more

Antitrust Litigation, Antitrust Provisions, FTC v. Phoebe Putney Health System, Hospitals, Immunity

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Harold Wegner

Supreme Court to Tackle Plenty of IP Issues in 2014

On January 10, 2014 the Supreme Court granted certiorari in two patent cases, one copyright case, and a fourth case that may have implications for federal trademark law. The Court had already granted certiorari in at least five…more

Aereo, Certiorari, Induced Infringement, Internet Streaming, Nautilus Inc. v. Biosig Instruments

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Kathleen Wegrzyn

The Impact of Costello v. Grundon: Margin Rules and the Enforceability of Loan Documents in Financing Transactions

A recent decision of the Seventh Circuit Court of Appeals has significant implications for lenders in commercial loan transactions and for law firms that give legal opinions about the enforceability of loan documents…more

Affirmative Defenses, Borrowers, Lenders, Loan Documentation, Loans

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Daniel Werly

Aaron Hernandez and the Consequences of Destroying Electronic Evidence

The disturbing saga of former New England Patriot tight end Aaron Hernandez has continued to unfold before our eyes over the past few days. Hernandez has now been charged with one count of first-degree murder and is allegedly…more

Aaron Hernandez, Cell Phones, Destruction of Evidence, Electronic Evidence, Evidence

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Morgan West

SolarWorld Files New Anti-Dumping and Anti-Subsidy Cases against China and Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a…more

Anti-Dumping Duty, China, Environmental Claims, Investigations, Solar Panels

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Adam Wienner

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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Kenneth B. Winer

Appeals Court Restricts Dodd-Frank Whistleblower Protections

In the first opinion on the subject by an appellate court, the U.S. Court of Appeals for the Fifth Circuit ruled in Asadi v. G.E. Energy (USA), LLC, No. 12-20522 (5th Cir. July 17, 2013), that Dodd-Frank’s protections against…more

Dodd-Frank, Retaliation, SEC, Whistleblower Protection Policies, Whistleblowers

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Mark Wolfson

Florida Foreclosure Laws Affected by Governor Scott's Signing of HB 87

On June 7, 2013, Florida Gov. Rick Scott signed HB 87, affecting the state’s foreclosure laws. By its terms, the statute is effective immediately. Below are some of the highlights..…more

Deficiency Judgments, Foreclosure, Indemnification, Mortgages, Order to Show Cause

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Ellen Wong

Pre-Issuance Conduct May Support Declaratory Judgment Jurisdiction

On March 11, 2014, in Danisco US Inc. v. Novozymes A/S, No. 2013-1214 (Fed. Cir.), the Federal Circuit held that pre-issuance conduct can be considered when determining whether a declaratory judgment defendant has instigated a…more

Declaratory Judgments, Jurisdiction, Patent Litigation, Patents, USPTO

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Licyau Wong

To Native or Not to Native, That Is the Question

Here at IT-Lex, we write a lot about the form of producing documents. (For instance, see here, here, here, and here) Producing in TIFF format has long been the standard-bearer in electronic discovery, while PDFs are a…more

Corporate Counsel, Legal Costs

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Patrick Wong

"Qualified Written Request" Under RESPA – No "Magic" Words, But the Right Questions Must be Asked

For the first time, the federal Court of Appeals for the Ninth Circuit recently opined on what constitutes a “qualified written request” under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. Section 2605(e), in…more

Borrowers, Loan Modifications, Loan Servicer, Mortgages, Qualified Written Requests

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Jeremy Wooden

Employers: Limit FMLA Liability by Making Them Pick Only One From the Menu

A recent federal appellate court decision illustrates how employees may limit their rights by affirmatively choosing to designate time-off as vacation time rather than as leave protected by the Family and Medical Leave Act…more

FMLA, Notice Requirements, Personnel Records, Written Notice

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Michael Woolever

HHS Issues Final Omnibus HIPAA/HITECH Rule

On January 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued the long-awaited omnibus final rule (the Rule) implementing changes in current regulations under the Health…more

Business Associates, Data Breach, Data Protection, Disclosure Requirements, Enforcement

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Courtney Worcester

A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for…more

FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS, Whistleblower Protection Policies

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Tianran Yan

Quantum Dots Enter Mainstream Mobile Device Market

Last month, Amazon released Kindle Fire HDX 7 — the first ever mobile device to feature a quantum-dot-enhanced display. …more

Amazon, Mobile Devices, Technology

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Torrey Young

ICD-10 Delayed Again

While I didn’t intend for the theme of my Health Care Law Today posts to be delays, there is no shortage of postponements to write about lately. The House and Senate passed H.R. 4302, Protecting Access to Medicare Act of 2014,…more

Healthcare, Healthcare Reform, Medicare, Physician SGR Formula

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John Zabriskie

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain competitive…more

Commerce Clause, Confidential Information, Data Sellers, FOIA, McBurney v Young

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David Zoppo

EPA Finalizes Rule Tightening Vehicle Emissions and Fuel Standards

The U.S. Environmental Protection Agency (EPA) released a final rule on March 3, 2014, that establishes stricter standards for motor vehicle exhaust emissions and the sulfur content of gasoline. The new “Tier 3” standards…more

Carbon Emissions, EPA, Fuel Standards, Greenhouse Gas Emissions, Trucking Industry

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