When asked by advisors on what 401(k) plan sponsors should be aware of, I tell them that most small to medium-sized employers have far greater things to be worried about than a class action lawsuit. There are a whole host of compliance… more

The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined that the… more

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for agreeing… more

On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for major… more

Case at a Glance: The Court will consider whether the text of 35 U.S.C. § 271(f) imposes liability on those supplying from the United States components of a patented invention “in such a manner as to actively induce the combination of… more

• The United States Department of Commerce announced the denial of export privileges against Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. (collectively, ZTE) on April 16, 2018. This action… more

The advent of telemedicine supplies a unique and convenient gateway for patients and providers to connect. The benefits of telemedicine range from increased access to care for patients, to increased efficiency and lower overhead costs… more

At its April 19, 2018 open meeting, the Federal Energy Regulatory Commission (FERC) unanimously voted to open a new Notice of Inquiry (NOI) seeking input on whether, and if so how, it should update its existing policies and procedures… more

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) has issued an April 19th public notice referencing an application for an after-the-fact Clean Water Act 404 permit for work conducted in Ouachita County… more

With the Maryland Legislature’s passage of the Disclosing Sexual Harassment in the Workplace Act of 2018, SB1010, Maryland employers will face new restrictions in drafting, renewing, or extending employment agreements. Effective… more

Soon after Fidel Castro overthrew the government of Cuba to found a communist state in 1959, Cuba began nationalizing U.S-owned properties in Cuba. In response, the U.S. implemented trade restrictions, closed its embassy in Havana… more

Litigation financing has quickly grown from a fledging concept into a robust industry. The concept is simple: in exchange for a share of any proceeds, a financing firm agrees to pay all or a portion of the plaintiff’s legal fees. The… more

The PTAB recently rejected a request for rehearing by Bayer CropScience LP (“Bayer”). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper 15 (P.T.A.B. Apr. 2, 2018). The PTAB stated that when the prior art does not identify… more

The 2018 Regular Session of the Mississippi Legislature undertook certain revisions to the Mississippi Underground Storage Tank Act of 1988 (“Act”). The legislation was enacted on March 19th after being approved by the Governor… more

In a recent decision from the District of Connecticut, Judge Meyer awarded attorneys’ fees against a plaintiff who the court found brought an “objectively unreasonable” copyright infringement claim based on an unpublished work of… more

In a blow to retailers and other businesses subjected to data breaches, the Seventh Circuit has reinstated a class action brought by consumers against Barnes & Noble arising from a 2012 breach. Two class representatives sued under… more

The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly enough for… more

How many suppliers of eDiscovery (“eDisclosure”) software and services are there?  At least 98.  How do I know that?  I know that because that’s how many suppliers Andrew Haslam lists in the eDisclosure Systems Buyers Guide – 2018… more

[Letter to Byron D. Verrill, who in 1862 began the law practice known today as Verrill Dana, LLP] - Dear Byron D. Verrill - When I’m interviewing applicants for a new position is it okay for me to ask about prior or current… more

In this week's newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and… more

The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a… more

The Subcommittee on Environment of the United States House of Representatives (“Committee”) held a hearing on April 13th titled: High Octane Fuels and High Efficiency Vehicle: Challenges and Opportunities… more

One cannot discuss the evolution of hotel management agreements (HMAs) without rst talking about the separation of hotel ownership and hotel operations; a transformation of the major chains’ business models, more commonly known as an… more

Australian Authorities Confirm Renewed Interest in Parity Provisions - ("Online Booking Clauses Still Cause for Concern for Australian Competition Authority," MLex, April 11, 2018) (subscription required) - Speaking at the… more

The Second Circuit recently affirmed the dismissal of a class action asserting state law claims that a manufacturer falsely advertised its baby formula as organic. In doing so, the appellate court agreed with the district court’s… more