News & Analysis as of

FDA Releases First Wholesaler and 3PL Facility Licensure Data to the Public

Last week FDA took another important step in implementing the complex and interlocking provisions of the Drug Supply Chain Security Act (DSCSA). We have previously discussed the new Federal drug traceability requirements and...more

Licensing Agent Has Standing to Bring Copyright Infringement Suit - Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding...more

Governor Brown Vetoes AB 1232

Governor Brown has vetoed AB 1232, a bill sponsored by the California Department of Insurance (CDI) which would have allowed agency's licensing hearings to be conducted in the CDI Administrative Hearing Bureau (AHB) instead...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - October 2015

This edition of the Cozen O’Connor Aviation Regulatory Update reports on Congress’s six-month extension of FAA’s reauthorization; new U.S. Bilateral Aviation Safety Agreements with the European Union and Canada; the FAA’s...more

Nexen’s Fracking Water License has Run Dry - First Nation Prevails in BC Environmental Appeal Board Decision

First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board granted the appeal of...more

"OFAC and BIS Further Ease Cuba Restrictions"

On September 21, 2015, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) amended their respective Cuba regulations to...more

The CSBS Finalizes Model Framework for Virtual Currencies

On September 15, 2015, the Conference of State Bank Supervisors (“CSBS”) issued its final Model Regulatory Framework on virtual currency activities (“Final Framework”). The Final Framework follows the CSBS’s December 2014...more

Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME

Two weeks ago we wrote about a disgorgement case winding its way through the courts where a contractor who let its license lapse after assigning its contract to a related but properly licensed entity was still facing...more

NLRB: Nurses Entitled to Union Representation at Peer Review Meeting

The NLRB, in an August 27, 2015, decision, held that two nurses who were requested to voluntarily appear before a hospital’s Nursing Peer Review Committee were entitled to have their union representatives attend the peer...more

Texas Adopts New Provisions Regarding Denial, Suspension, or Revocation Based on Criminal History for Residential Mortgage Loan...

Texas has adopted provisions that specify the criminal history information collected by the Office of Consumer Credit Commissioner (OCCC) and outline factors the OCCC will consider when reviewing criminal history information....more

Case Is Partially Stayed While Motion To Dismiss Is Decided

International Business Machines Corporation v. The Priceline Group Inc., et al., C.A. No. 15-137-LPS-CJB, August 18, 2015. Burke, M. J. Defendants’ motion to stay pending resolution of defendants’ motion to dismiss...more

Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement

In what could lead to a draconian result, the Court of Appeal for the First Appellate District held that a contractor who performs work without a valid license can be required to disgorge all payments received, even if the...more

Closing Time: Liquor License Considerations in Hospitality Transactions

In today’s increasingly competitive hospitality market, the closing timeframe of sophisticated hospitality transactions has become a significant point of negotiation between sellers and purchasers. One factor that frequently...more

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

The Competition and Markets Authority's consultation on "Competition in passenger rail services in Great Britain" - On 17 July...

On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document regarding competition in passenger rail services in Great Britain. This followed its announcement in January that it intended to...more

Court Requires Supplemented Contentions Regarding License Defense Prior To Early Summary Judgment Briefing

Plaintiff seeks an order compelling defendant to supplement its contentions regarding its license defense to provide the detail for claiming plaintiff is not licensed. Defendant may not avoid its obligations merely by...more

Assembly Bill 266 provides long-awaited medical marijuana regulatory framework in California

In 1996, California voters passed Proposition 215 and California became the first state to legalize medical marijuana. Now, 20 years later, AB 266 looks like the state’s best chance at regulating the cultivation and...more

Texas Legislature Reins in Public Adjuster Conduct

Obvious to anyone in the insurance industry, Texas courts are experiencing an explosion of first-party property insurance lawsuits arising from wind and hail related insurance claims. Dozens of lawsuits are filed every day in...more

Have You Agreed Not to Export Software? Yes!

Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of...more

Supreme Court Still Prohibits Patent Royalties For Activity Occurring After Patent Expires (Kimble V. Marvel)

Today, the Supreme Court declined to overrule its prior decision in Brulotte v. Thys Co., 379 U.S. 29 (1964), and maintained its ruling that a patent holder cannot charge royalties for the use of his invention where the use...more

Expanded FTC Premerger Notification Rules Specific to the Pharmaceutical Industry are Upheld by the D.C. Circuit

The D.C. Circuit recently affirmed a lower court’s decision upholding regulations adopted by the Federal Trade Commission (FTC) requiring a Hart Scott Rodino (HSR) Act premerger notification filing for transfers of patent...more

A ‘Clothes’ Call: Anticipating IP Issues in Partnerships

Breaking up is hard to do, in business as in life. Take the story of ‘T’ and ‘M.’ Fresh out of school, T had the vision for a clothing line. The line would be a blend of two cultures, just like its creator: Peruvian and...more

Guide To Doing Business in Australia: Minerals Exploration & Mining (Updated)

MINERALS EXPLORATION AND MINING: Minerals exploration and mining is a very important industry in Australia. Australia has significant reserves of minerals including iron ore, coal, gas, uranium, nickel, gold and rare...more

Advertising Law - June 2015 #2

NFL Scores Victory at Eighth Circuit, $42M Deal With Former Players Upheld - The Eighth Circuit Court of Appeals affirmed the $42 million settlement between the National Football League (NFL) and almost 25,000 former pro...more

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

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