An increase in cases has been seen as a warning that the EU is ramping up its response to potential conglomerate effects. What can merging companies do to prepare for a challenge? In the aftermath of the attempted merger of General… more

Federal Circuit Summaries - Before Prost, Newman, and Lourie. Appeal from the United States Patent and Trademark Office (PTAB) Summary: A limitation that merely claims information by incorporating that information into a mental… more

IV. PRACTICE ISSUES - B. An admission of liability in an action is not a formal admission binding the party making it in a subsequent action relating to the same accident, but is only evidence in the second action to be attributed… more

1. What role will the government of Hong Kong play in approving and regulating foreign direct investment? Hong Kong is always rated as one of the world’s freest economies. This is because the Hong Kong government has adopted and… more

Following the Obama White House’s Call to Action in October 2016, state legislatures have been busy enacting restrictive covenant reform, particularly to non-compete laws. By our count, eight (8) states have enacted some type of reform… more

Once again, the City and County of San Francisco has been found to have exceeded the limits of its authority under the Ellis Act in its efforts to deter conversion of residential rental units. Small Property Owners of San Francisco… more

The recent releases of highly effective, and highly priced, drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. One recent chapter is instructive, as it… more

• Although the Supreme Court's recent decision in Epic Systems Corp. v. Lewis was not a case under the Employee Retirement Income Security Act of 1974 (ERISA), the Court's analysis indicates that it would likely reject an argument that… more

• On May 21, 2018, the Trump administration imposed new sanctions on the Government of Venezuela in response to the reelection of President Maduro and the “deepening humanitarian and public health crisis” fueled by the Maduro regime… more

In a pair of recent speeches, Deputy Attorney General Rod Rosenstein announced a new Department of Justice (DOJ) policy aimed at encouraging coordination among DOJ and other enforcement agencies and avoiding “unfair duplicative… more

Large Hurricane Approaches Florida Coast - We in the southeast coastal areas just can’t wait for it! Hurricane season starts June 1, and the time to put a plan into place is now. The season is a long one – it runs through Nov. 30… more

On May 9, 2018, the National Labor Relations Board (“NLRB”) announced it is considering rulemaking to address the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”)..… more

Companies and individuals frequently enter into arbitration agreements requiring that claims be brought before a private arbitrator, rather than a judge and jury. Arbitration has various benefits: it can provide quicker resolutions… more

The limited time for suing for libel on an Internet post runs not only from the original posting, but also from when significant changes were made to the post, according to a decision from the New Jersey Supreme Court. The single… more

In a much anticipated opinion, the United States Supreme Court held on May 21, 2018, that arbitration agreements that waive an employee’s right to resolve claims through class or collective action are enforceable. Epic Systems Corp. v… more

Blogging is a great way to share valuable information with current and potential clients. Blogging is also a way to improve your sites SEO ranking and humanize your brand. Sometimes when I’m writing I may get the infamous writer’s… more

On May 16, 2018, the US Court of Appeals for the Third Circuit held in a precedential opinion that “anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable.” In so holding, the Third Circuit… more

On May 15, 2018, Governor Hogan signed into law the “Disclosing Sexual Harassment in the Workplace Act of 2018” (the “Act”). The Act will go into effect on October 1, 2018, and contains two new obligations with which Maryland employers… more

A recent decision by the W. Va. Supreme Court of Appeals confirms the importance of pre-suit notice and the viability of a motion to dismiss in challenging claimants’ actions arising under the Medical Professional Liability Act… more

On May 9, 2018, the Second Appellate District held in Charles et al. v. Sutter Home Winery, Inc., et al. that several winemakers that provided general Proposition 65 safe harbor warnings for alcoholic beverages on their products were… more

The EU’s General Data Protection Regulation (GDPR) goes into effect on May 25th. As most organizations are aware, the GDPR applies not only to EU businesses but also many companies in the U.S. While the deadline is quickly approaching… more

The Department of Justice (DOJ) recently announced the guilty plea of two individual alcohol and substance abuse treatment center owners for their participation in what the DOJ labeled a “multi-million dollar health care fraud and… more

...In 2016, Craig Ball revisited the Edna challenge with a new set of parameters and a panel at the annual ILTA conference on which I was privileged to be a participant. The panel sought what Craig called “… a re-examination of EDna… more

The United States Court of Appeals for the District of Columbia (“Court”) overturned a determination by the United States Environmental Protection Agency (“EPA”). See Genuine Parts Co. v. EPA, No. 16-1416, 2018 WL 2271086 (D.C. Cir… more

On May 11, 2018, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance (the Division) consolidated and updated its interpretations of the proxy rules and Schedules 14A and 14C. The interpretations, still… more