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Charles Andres

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

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Scott Andrews

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

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Joe Bailey

Fourth Update: Dodd-Frank Rules Impact End-Users of Foreign Exchange Derivatives - Key Recent Developments

This March 2014 update is a summary of certain recent developments under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that impact corporate end-users of over-the-counter foreign exchange (FX)…more

Derivatives, Dodd-Frank, Foreign Exchanges, OTC

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Colleen Bal

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

See All Updates »

Sundance Banks

The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

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Wendell Bartnick

"Eye on Privacy" Newsletter - November 2013

In this issue: - California Amends CalOPPA to Require Do-Not-Track Disclosures - California’s Social Media “Eraser” Bill Becomes Law - California Extends Security Breach Notification Requirements to…more

Breach Notification Rule, CalOPPA, Data Breach, Data Protection, Disclosure Requirements

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Suzanne Bell

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies…more

Apple, Class Action, Cramming, Data Brokers, Data Collection

See All Updates »

David Berger

Delaware Supreme Court Affirms Application of Business Judgment Review to Merger with Controlling Stockholder

In Kahn v. M&F Worldwide Corp, the Delaware Supreme Court unanimously affirmed the Court of Chancery's 2013 decision that a going-private merger with a controlling stockholder may be subject to the deferential business judgment…more

Board of Directors, Business Judgment Rule, Controlling Stockholders, Minority Shareholders, Shareholders

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Charles Biggio

Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds…more

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

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Steven Bochner

Rule 10B5-1 Trading Plans: Considerations in Light of Increased Scrutiny

The aggressive use (or misuse) of Rule 10b5-1 trading plans is likely to become a significant area of focus for regulatory enforcement and securities class action plaintiffs. The floodlights now aimed at such plans are the…more

10b5-1 Plans, Insider Trading, SEC, Stocks

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Kendall Bodden

California Public Utilities Commission Adopts Terms of Standard FIT Contract and Revised Tariffs

On May 23, 2013, the California Public Utilities Commission (CPUC or Commission) approved Decision 13-05-034 (Decision), which adopts the terms of a standard contract and revised tariffs for California's renewable Feed-in Tariff…more

CPUC, Feed-in-Tariffs, Modification, Power Purchase Agreements, Public Utilities Commission

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Greg Broome

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

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Andrew Bryant

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

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Cedric Burton

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

See All Updates »

Josh Bushinsky

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public-Private Partnerships

See All Updates »

Jasemine Chambers

The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

See All Updates »

Darby Chan

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

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William Chandler

Delaware Supreme Court Affirms Application of Business Judgment Review to Merger with Controlling Stockholder

In Kahn v. M&F Worldwide Corp, the Delaware Supreme Court unanimously affirmed the Court of Chancery's 2013 decision that a going-private merger with a controlling stockholder may be subject to the deferential business judgment…more

Board of Directors, Business Judgment Rule, Controlling Stockholders, Minority Shareholders, Shareholders

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Weiheng Chen

CFIUS and Chinese Investment: Lessons Learned from the First Half of 2013

Since the 2008 global financial crisis, Chinese companies have significantly increased their overseas investments in the United States. Like other foreign investments, Chinese investments may be subject to a national security…more

Acquisitions, CFIUS, China, Foreign Investment, Investors

See All Updates »

Zhan Chen

CFIUS and Chinese Investment: Lessons Learned from the First Half of 2013

Since the 2008 global financial crisis, Chinese companies have significantly increased their overseas investments in the United States. Like other foreign investments, Chinese investments may be subject to a national security…more

Acquisitions, CFIUS, China, Foreign Investment, Investors

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Todd Cleary

Delaware Court of Chancery Finds Financial Advisor Liable for Aiding and Abetting Breaches of Fiduciary Duty

In a much-anticipated, 91-page post-trial opinion issued on March 7, 2014, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery held in In re Rural Metro Corporation Stockholders Litigation that the lead financial…more

Aiding and Abetting, Board of Directors, Breach of Duty, Fiduciary Duty, Professional Liability

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Roisin Comerford

Notifications and Names: FTC Workshop Explores Effect of State Legislation and Naming Conventions on Follow-On Biologic Competition

Biologic medicines represent some of the most significant—both clinically and financially— pharmaceutical products in the United States today. Biologics have had remarkable success in the treatment of patients with many common…more

Biologics, FTC, Pharmaceutical, Prescription Drugs

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Caitlin Courtney

"Eye on Privacy" Newsletter - May 2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?…more

Big Data, Clapper v. Amnesty International, Class Action, FTC, HIPAA

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Susan Creighton

FTC v. Actavis: "Reverse Payments"—Not Presumptively Lawful, Not Presumptively Unlawful, But Subject to a Rule-of-Reason Analysis

On June 17, 2013, after years of litigation in the lower courts, the United States Supreme Court issued its long-awaited decision in FTC v. Actavis. The 5-3 decision, however, did not have a clear winner, and the case was…more

Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Pay-For-Delay

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Leo Cunningham

DOJ Secures First-Ever Successful Extradition on Antitrust Charge

On Friday, April 4, 2014, the Antitrust Division of the United States Department of Justice (DOJ) announced that Romano Pisciotti, an Italian national, was extradited from Germany for his alleged role in a marine hose…more

Antitrust Litigation, Criminal Prosecution, DOJ, Extradition

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Brock Dahl

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

See All Updates »

Wendy Devine

HIPAA Omnibus Rule Compliance Deadline

September 23, 2013, the deadline for compliance with the new Health Insurance Portability and Accountability Act (HIPAA) regulations, is here. Although there has been much discussion about the new regulations since they were…more

Compliance, Deadlines, Healthcare, HIPAA, HIPAA Omnibus Rule

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Angel Díaz

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to…more

CalOPPA, Data Brokers, FCRA, FTC, Mobile Apps

See All Updates »

Samir Elamrani

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Andrew Ellis

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

See All Updates »

Alicia Farquhar

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that will…more

CFRA, Disability, Discrimination, FEHC, FMLA

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Herb Fockler

Delaware Court of Chancery Issues Post-Trial Decision in Trados

On August 16, 2013, the Delaware Court of Chancery issued a much-anticipated post-trial decision in In Re Trados Incorporated Shareholder Litigation, holding that the sale of Trados to SDL was entirely fair to the Trados common…more

Fiduciary Duty

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Erik Franks

CFTC Extends Deadline to Comply with Certain Trading Documentation Requirements Under Dodd-Frank for Corporate End-Users of Foreign Exchange Derivatives

In late June 2013, the Commodity and Futures Trading Commission (CFTC) issued a no-action letter extending the period for certain corporate end-users of foreign exchange (FX) derivative transactions to comply with the trading…more

CFTC, Dodd-Frank, FX Swaps, ISDA, Major Swap Participants

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Sandra Fujiyama

Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act (AIA)…more

America Invents Act, Covered Business Method Patents, Patent Reform, Patent Trial and Appeal Board, Patents

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Todd Glass

California Utilities File Energy Storage Procurement Plans

In October 2013, California broke new ground in energy policy with an energy storage procurement mandate. The California Public Utilities Commission (CPUC) unanimously approved a decision (D.13-10-040 or the Decision) requiring…more

CPUC, Grid Energy Storage, Procurement Guidelines, Utilities Sector

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Matthew Gorman

New York City and New Jersey Expand Protections for Pregnant Workers

New laws are taking effect in New York City and New Jersey that provide greatly enhanced protections for pregnant women in the workplace. As of January 21, 2014, an amendment to New Jersey's Law Against Discrimination took…more

Employee Rights, Pregnancy, Pregnancy Discrimination

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Charles Tait Graves

Unpaid Internships Under Scrutiny

The controversy surrounding unpaid internships is increasingly in the news. Reports of interns filing wage and hour class actions in, for example, The New York Times and PBS's NewsHour, have highlighted an often-unnoticed…more

FLSA, Harassment, Human Rights, Internships, Sexual Harassment

See All Updates »

Gary Greenstein

Southern District of New York Holds Music Publishers Cannot Selectively Withdraw New Media Rights from ASCAP's Repertory

On September 17, 2013, the United States District Court for the Southern District of New York held that the consent decree entered into by and between the American Society of Composers, Authors and Publishers (ASCAP) and the…more

ASCAP, Competition, Consent Decrees, Copyright, DOJ

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Chris Groobey

2014 Farm Bill Provides New and Expanded Funding for Section 9003 Biorefinery Assistance Program

On February 7, 2014, President Barack Obama signed into law the Agriculture Act of 2014 (2014 Farm Bill). The 2014 Farm Bill is a $956 billion legislative package that includes $881 million in mandatory funding for energy…more

Biofuel, Farm Bill, Farms, Title IX

See All Updates »

Steve Guggenheim

Delaware Supreme Court Affirms Application of Business Judgment Review to Merger with Controlling Stockholder

In Kahn v. M&F Worldwide Corp, the Delaware Supreme Court unanimously affirmed the Court of Chancery's 2013 decision that a going-private merger with a controlling stockholder may be subject to the deferential business judgment…more

Board of Directors, Business Judgment Rule, Controlling Stockholders, Minority Shareholders, Shareholders

See All Updates »

Jeff Guise

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Aaron Hendelman

New Clearinghouse to Protect Brand Owners against Domain Name Abuse Opens March 26

In connection with the anticipated launch of new domain name extensions as early as April 2013, brand owners soon will have new procedural protections at their disposal. Beginning on March 26, brand owners can begin submitting…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Katherine Henderson

Delaware Court of Chancery Finds Financial Advisor Liable for Aiding and Abetting Breaches of Fiduciary Duty

In a much-anticipated, 91-page post-trial opinion issued on March 7, 2014, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery held in In re Rural Metro Corporation Stockholders Litigation that the lead financial…more

Aiding and Abetting, Board of Directors, Breach of Duty, Fiduciary Duty, Professional Liability

See All Updates »

Andrew Hirsch

Department of Energy Advanced Fossil Energy Loan Guarantee Program Alert

On July 2, 2013, the U.S. Department of Energy (DOE) Loan Programs Office (LPO) issued a draft loan guarantee solicitation for innovative and advanced fossil energy projects and facilities. The DOE LPO draft solicitation is…more

DOE, Energy Projects, Government-Guaranteed Loans, Green Energy, Greenhouse Gas Emissions

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David Hoffmeister

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Eddie Holman

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

See All Updates »

Paul Jin

Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds…more

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

See All Updates »

Kellie Kemp

Judge’s Order to Unwind Hospital’s Acquisition of Physician Group Tests Boundaries of Antitrust Laws and the Affordable Care Act

A federal judge’s recent order to unwind the acquisition of Saltzer Medical Group, an independent physicians group, by St. Luke’s Health System, Ltd., a hospital system with its own staff of physicians, presents challenges for…more

Affordable Care Act, Antitrust Provisions, Healthcare, Hospitals

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Esther Kepplinger

Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select pharmaceutical, biotech, and medical…more

Novartis, Patent Reform, Patent Term Adjustment, Patent Terms, Patents

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Charlotte Kim

Opening of New York State's Green Bank Creates a New Source of Financing for Clean Energy Projects as It Issues Its First Request for Proposals

The $1 billion New York Green Bank initiative opened for business on February 5, 2014. The New York Green Bank, initially capitalized with $210 million in funding in December 2013, will partner with private-sector institutions…more

Banks, Clean Energy, Energy Policy, Green Banks

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Tonia Klausner

Important Changes to the FCC's Telephone Consumer Protection Act Rules Take Effect on October 16, 2013

Effective October 16, 2013, anyone engaged in telemarketing will need prior express written consent to place artificial or prerecorded telemarketing calls to a residential phone line or wireless number, or to send text messages…more

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T.O. Kong

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Sriram Krishnamurthy

The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

See All Updates »

Christopher Kuner

FTC Announces Settlements for Allegedly False Safe Harbor Compliance Claims

The Federal Trade Commission (FTC) recently announced settlements with 12 U.S. companies over allegations that the companies falsely claimed they held current certifications for the U.S.-EU Safe Harbor Privacy Framework. The FTC…more

Compliance, FTC, Safe Harbors

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Josephine LeBeau

U.S. Expands Sanctions on Russia in Light of Crisis in Ukraine

In response to Russian President Vladimir Putin's decision earlier this month to reclaim the Crimean Peninsula as a part of the Russian Federation, President Barack Obama issued three executive orders authorizing the Secretary…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

Sharon Lee

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies…more

Apple, Class Action, Cramming, Data Brokers, Data Collection

See All Updates »

Randy Lewis

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public-Private Partnerships

See All Updates »

Kefei Li

CFIUS and Chinese Investment: Lessons Learned from the First Half of 2013

Since the 2008 global financial crisis, Chinese companies have significantly increased their overseas investments in the United States. Like other foreign investments, Chinese investments may be subject to a national security…more

Acquisitions, CFIUS, China, Foreign Investment, Investors

See All Updates »

Wendra Liang

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public-Private Partnerships

See All Updates »

Louis Lieto

The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

See All Updates »

Nicki Locker

Rule 10B5-1 Trading Plans: Considerations in Light of Increased Scrutiny

The aggressive use (or misuse) of Rule 10b5-1 trading plans is likely to become a significant area of focus for regulatory enforcement and securities class action plaintiffs. The floodlights now aimed at such plans are the…more

10b5-1 Plans, Insider Trading, SEC, Stocks

See All Updates »

Jonathan Lutinski

FTC v. Actavis: "Reverse Payments"—Not Presumptively Lawful, Not Presumptively Unlawful, But Subject to a Rule-of-Reason Analysis

On June 17, 2013, after years of litigation in the lower courts, the United States Supreme Court issued its long-awaited decision in FTC v. Actavis. The 5-3 decision, however, did not have a clear winner, and the case was…more

Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Pay-For-Delay

See All Updates »

Melissa Mannino

U.S. Expands Sanctions on Russia in Light of Crisis in Ukraine

In response to Russian President Vladimir Putin's decision earlier this month to reclaim the Crimean Peninsula as a part of the Russian Federation, President Barack Obama issued three executive orders authorizing the Secretary…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

Christopher McAndrew

The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

See All Updates »

Scott McCall

The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

See All Updates »

Kate McCarthy

U.S. Expands Sanctions on Russia in Light of Crisis in Ukraine

In response to Russian President Vladimir Putin's decision earlier this month to reclaim the Crimean Peninsula as a part of the Russian Federation, President Barack Obama issued three executive orders authorizing the Secretary…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

Taite McDonald

2014 Farm Bill Provides New and Expanded Funding for Section 9003 Biorefinery Assistance Program

On February 7, 2014, President Barack Obama signed into law the Agriculture Act of 2014 (2014 Farm Bill). The 2014 Farm Bill is a $956 billion legislative package that includes $881 million in mandatory funding for energy…more

Biofuel, Farm Bill, Farms, Title IX

See All Updates »

Paul McGeown

European Commission Proposes New Regime for Private Antitrust Damages Actions

On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national…more

Competition, Damages, EU, European Commission, Joint and Several Liability

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Casey McGlynn

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

See All Updates »

Laura Merritt

Unpaid Internships Under Scrutiny

The controversy surrounding unpaid internships is increasingly in the news. Reports of interns filing wage and hour class actions in, for example, The New York Times and PBS's NewsHour, have highlighted an often-unnoticed…more

FLSA, Harassment, Human Rights, Internships, Sexual Harassment

See All Updates »

Jason Mollick

"Eye on Privacy" Newsletter - January 2013

In this issue: - FTC Releases Final Amendments to Children's Online Privacy Protection Rule - Mobile Apps Face Heightened Privacy Enforcement - Policies and Practices Scrutinized - Global and European Data…more

App Developers, COPPA, Data Protection, De-Identified Protected Health Information, FCC

See All Updates »

Joseph Molosky

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

See All Updates »

Tamika Montgomery

Delaware Supreme Court Affirms Application of Business Judgment Review to Merger with Controlling Stockholder

In Kahn v. M&F Worldwide Corp, the Delaware Supreme Court unanimously affirmed the Court of Chancery's 2013 decision that a going-private merger with a controlling stockholder may be subject to the deferential business judgment…more

Board of Directors, Business Judgment Rule, Controlling Stockholders, Minority Shareholders, Shareholders

See All Updates »

Peter Mostow

California Utilities File Energy Storage Procurement Plans

In October 2013, California broke new ground in energy policy with an energy storage procurement mandate. The California Public Utilities Commission (CPUC) unanimously approved a decision (D.13-10-040 or the Decision) requiring…more

CPUC, Grid Energy Storage, Procurement Guidelines, Utilities Sector

See All Updates »

Peter Munson

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Scott Murano

Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds…more

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

See All Updates »

Andrea Murino

Judge’s Order to Unwind Hospital’s Acquisition of Physician Group Tests Boundaries of Antitrust Laws and the Affordable Care Act

A federal judge’s recent order to unwind the acquisition of Saltzer Medical Group, an independent physicians group, by St. Luke’s Health System, Ltd., a hospital system with its own staff of physicians, presents challenges for…more

Affordable Care Act, Antitrust Provisions, Healthcare, Hospitals

See All Updates »

Vern Norviel

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Jon Nygaard

The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

See All Updates »

Adam O'Brien

IRS Issues Notice Clarifying Earlier Guidance on "Beginning of Construction" Requirement for PTC and ITC Purposes

On September 20, 2013, the IRS released Notice 2013-60, which clarified Notice 2013-29. Each Notice addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be eligible…more

Construction Contracts, Investment Tax Credits, IRS, Production Tax Credit, Renewable Energy

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Robert O’Connor

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public-Private Partnerships

See All Updates »

Michael Occhiolini

Fourth Update: Dodd-Frank Rules Impact End-Users of Foreign Exchange Derivatives - Key Recent Developments

This March 2014 update is a summary of certain recent developments under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that impact corporate end-users of over-the-counter foreign exchange (FX)…more

Derivatives, Dodd-Frank, Foreign Exchanges, OTC

See All Updates »

Chul Pak

Judge’s Order to Unwind Hospital’s Acquisition of Physician Group Tests Boundaries of Antitrust Laws and the Affordable Care Act

A federal judge’s recent order to unwind the acquisition of Saltzer Medical Group, an independent physicians group, by St. Luke’s Health System, Ltd., a hospital system with its own staff of physicians, presents challenges for…more

Affordable Care Act, Antitrust Provisions, Healthcare, Hospitals

See All Updates »

Alexandros Papanikolaou

Procedural Reform of EU Merger Control Rules

On December 5, 2013, after a public consultation launched in March 2013, the European Commission adopted a package to simplify its review of concentrations under the EU Merger Regulation (EUMR). This initiative was undertaken by…more

EU, EUMR, European Commission, Mergers

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Lydia Parnes

FTC Announces Settlements for Allegedly False Safe Harbor Compliance Claims

The Federal Trade Commission (FTC) recently announced settlements with 12 U.S. companies over allegations that the companies falsely claimed they held current certifications for the U.S.-EU Safe Harbor Privacy Framework. The FTC…more

Compliance, FTC, Safe Harbors

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Anna Pateraki

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

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Sheridan Pauker

California Utilities File Energy Storage Procurement Plans

In October 2013, California broke new ground in energy policy with an energy storage procurement mandate. The California Public Utilities Commission (CPUC) unanimously approved a decision (D.13-10-040 or the Decision) requiring…more

CPUC, Grid Energy Storage, Procurement Guidelines, Utilities Sector

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Doug Portnow

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

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Rachel Proffitt

Recent Delaware Decision Highlights Importance of Formalities in Issuing Stock and Potential Utility of New Statutory Ratification Procedures

Late last year, Vice Chancellor John Noble of the Delaware Court of Chancery issued a decision in Boris v. Schaheen that highlights the importance of following formalities when issuing stock. The decision found an array of…more

Board of Directors, Corporate Counsel, Corporate Governance, Defective Corporate Acts, Stock Options

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Benjamin Record

European Commission Proposes New Regime for Private Antitrust Damages Actions

On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national…more

Competition, Damages, EU, European Commission, Joint and Several Liability

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Michael Ringler

Delaware Court of Chancery Finds Financial Advisor Liable for Aiding and Abetting Breaches of Fiduciary Duty

In a much-anticipated, 91-page post-trial opinion issued on March 7, 2014, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery held in In re Rural Metro Corporation Stockholders Litigation that the lead financial…more

Aiding and Abetting, Board of Directors, Breach of Duty, Fiduciary Duty, Professional Liability

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Ulrico Rosales

Unpaid Internships Under Scrutiny

The controversy surrounding unpaid internships is increasingly in the news. Reports of interns filing wage and hour class actions in, for example, The New York Times and PBS's NewsHour, have highlighted an often-unnoticed…more

FLSA, Harassment, Human Rights, Internships, Sexual Harassment

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Michael Rosato

Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act (AIA)…more

America Invents Act, Covered Business Method Patents, Patent Reform, Patent Trial and Appeal Board, Patents

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Michael Rosenthal

Procedural Reform of EU Merger Control Rules

On December 5, 2013, after a public consultation launched in March 2013, the European Commission adopted a package to simplify its review of concentrations under the EU Merger Regulation (EUMR). This initiative was undertaken by…more

EU, EUMR, European Commission, Mergers

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Mark Rosman

DOJ Secures First-Ever Successful Extradition on Antitrust Charge

On Friday, April 4, 2014, the Antitrust Division of the United States Department of Justice (DOJ) announced that Romano Pisciotti, an Italian national, was extradited from Germany for his alleged role in a marine hose…more

Antitrust Litigation, Criminal Prosecution, DOJ, Extradition

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Sara Rowe

"Eye on Privacy" Newsletter - November 2013

In this issue: - California Amends CalOPPA to Require Do-Not-Track Disclosures - California’s Social Media “Eraser” Bill Becomes Law - California Extends Security Breach Notification Requirements to…more

Breach Notification Rule, CalOPPA, Data Breach, Data Protection, Disclosure Requirements

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Michael Rubin

FTC Announces Settlements for Allegedly False Safe Harbor Compliance Claims

The Federal Trade Commission (FTC) recently announced settlements with 12 U.S. companies over allegations that the companies falsely claimed they held current certifications for the U.S.-EU Safe Harbor Privacy Framework. The FTC…more

Compliance, FTC, Safe Harbors

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Valentina Rucker

Notifications and Names: FTC Workshop Explores Effect of State Legislation and Naming Conventions on Follow-On Biologic Competition

Biologic medicines represent some of the most significant—both clinically and financially— pharmaceutical products in the United States today. Biologics have had remarkable success in the treatment of patients with many common…more

Biologics, FTC, Pharmaceutical, Prescription Drugs

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Elton Satusky

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

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Elizabeth Saunders

Delaware Court of Chancery Issues Post-Trial Decision in Trados

On August 16, 2013, the Delaware Court of Chancery issued a much-anticipated post-trial decision in In Re Trados Incorporated Shareholder Litigation, holding that the sale of Trados to SDL was entirely fair to the Trados common…more

Fiduciary Duty

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Emily Schlesinger

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

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Gideon Schor

SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra..…more

AMP v Myriad, Biotechnology, DNA, Healthcare, Human Genes

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Ted Serra

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to…more

CalOPPA, Data Brokers, FCRA, FTC, Mobile Apps

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Anne Seymour

U.S. Expands Sanctions on Russia in Light of Crisis in Ukraine

In response to Russian President Vladimir Putin's decision earlier this month to reclaim the Crimean Peninsula as a part of the Russian Federation, President Barack Obama issued three executive orders authorizing the Secretary…more

Foreign Policy, Russia, Sanctions, Ukraine

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Stefani Shanberg

White House Issues Executive Actions and Legislative Recommendations Aimed at Patent Assertion Entities

Recognizing a problem that has long plagued Silicon Valley technology companies, on June 4, 2013, President Barack Obama issued executive actions and legislative recommendations "to protect innovators from frivolous litigation…more

Barack Obama, Customs and Border Protection, Executive Orders, Infringement, Innovation

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Timothy Shapiro

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

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Tracy Shapiro

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

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Scott Sher

Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds…more

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

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Seth Silber

Judge’s Order to Unwind Hospital’s Acquisition of Physician Group Tests Boundaries of Antitrust Laws and the Affordable Care Act

A federal judge’s recent order to unwind the acquisition of Saltzer Medical Group, an independent physicians group, by St. Luke’s Health System, Ltd., a hospital system with its own staff of physicians, presents challenges for…more

Affordable Care Act, Antitrust Provisions, Healthcare, Hospitals

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Amy Simmerman

Delaware Supreme Court Affirms Application of Business Judgment Review to Merger with Controlling Stockholder

In Kahn v. M&F Worldwide Corp, the Delaware Supreme Court unanimously affirmed the Court of Chancery's 2013 decision that a going-private merger with a controlling stockholder may be subject to the deferential business judgment…more

Board of Directors, Business Judgment Rule, Controlling Stockholders, Minority Shareholders, Shareholders

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Maya Skubatch

Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select pharmaceutical, biotech, and medical…more

Novartis, Patent Reform, Patent Term Adjustment, Patent Terms, Patents

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John Slafsky

New Clearinghouse to Protect Brand Owners against Domain Name Abuse Opens March 26

In connection with the anticipated launch of new domain name extensions as early as April 2013, brand owners soon will have new procedural protections at their disposal. Beginning on March 26, brand owners can begin submitting…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Michael Sommer

DOJ Secures First-Ever Successful Extradition on Antitrust Charge

On Friday, April 4, 2014, the Antitrust Division of the United States Department of Justice (DOJ) announced that Romano Pisciotti, an Italian national, was extradited from Germany for his alleged role in a marine hose…more

Antitrust Litigation, Criminal Prosecution, DOJ, Extradition

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Matthew Staples

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

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Gerard Stegmaier

FTC Announces Settlements for Allegedly False Safe Harbor Compliance Claims

The Federal Trade Commission (FTC) recently announced settlements with 12 U.S. companies over allegations that the companies falsely claimed they held current certifications for the U.S.-EU Safe Harbor Privacy Framework. The FTC…more

Compliance, FTC, Safe Harbors

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Lisa Stimmell

Recent Delaware Decision Highlights Importance of Formalities in Issuing Stock and Potential Utility of New Statutory Ratification Procedures

Late last year, Vice Chancellor John Noble of the Delaware Court of Chancery issued a decision in Boris v. Schaheen that highlights the importance of following formalities when issuing stock. The decision found an array of…more

Board of Directors, Corporate Counsel, Corporate Governance, Defective Corporate Acts, Stock Options

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Rebecca Stuart

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to…more

CalOPPA, Data Brokers, FCRA, FTC, Mobile Apps

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Rob Suffoletta

Fifth Circuit Affirms Dismissal of Stockholder Complaint as Derivative Following Merger

On August 12, 2013, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a lawsuit contending that alleged controlling stockholders of Ascension Orthopedics, Inc. had expropriated voting and economic control…more

Derivative Suit, Dismissals, Mergers, Shareholder Litigation

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Marina Tsatalis

New York City and New Jersey Expand Protections for Pregnant Workers

New laws are taking effect in New York City and New Jersey that provide greatly enhanced protections for pregnant women in the workplace. As of January 21, 2014, an amendment to New Jersey's Law Against Discrimination took…more

Employee Rights, Pregnancy, Pregnancy Discrimination

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Jeff VanHooreweghe

DOJ Secures First-Ever Successful Extradition on Antitrust Charge

On Friday, April 4, 2014, the Antitrust Division of the United States Department of Justice (DOJ) announced that Romano Pisciotti, an Italian national, was extradited from Germany for his alleged role in a marine hose…more

Antitrust Litigation, Criminal Prosecution, DOJ, Extradition

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Paul Vercruyssen

California Utilities File Energy Storage Procurement Plans

In October 2013, California broke new ground in energy policy with an energy storage procurement mandate. The California Public Utilities Commission (CPUC) unanimously approved a decision (D.13-10-040 or the Decision) requiring…more

CPUC, Grid Energy Storage, Procurement Guidelines, Utilities Sector

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Don Vieira

CFIUS and Chinese Investment: Lessons Learned from the First Half of 2013

Since the 2008 global financial crisis, Chinese companies have significantly increased their overseas investments in the United States. Like other foreign investments, Chinese investments may be subject to a national security…more

Acquisitions, CFIUS, China, Foreign Investment, Investors

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Lori Westin

Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select pharmaceutical, biotech, and medical…more

Novartis, Patent Reform, Patent Term Adjustment, Patent Terms, Patents

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Chris Williams

FTC Expands the Scope of Pharmaceutical Licensing Transactions That Will Be Subject to Premerger Review

The Federal Trade Commission (FTC) recently announced that it has finalized amendments to the premerger notification rules (HSR Rules) that provide a framework for determining when a transaction involving the transfer of rights…more

FTC, Hart-Scott-Rodino Act, Licensing Rules, Patents, Pharmaceutical

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Stu Williams

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

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Michael Wolk

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies…more

Apple, Class Action, Cramming, Data Brokers, Data Collection

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James Yoon

Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act (AIA)…more

America Invents Act, Covered Business Method Patents, Patent Reform, Patent Trial and Appeal Board, Patents

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Scott Zimmermann

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

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