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The Patent Trial And Appeal Board Extended One Year Pendency Of An Inter Parte Review For Considering The Impact Of Aqua Products, Inc. V. Matal

The Patent Trial and Appeal Board (PTAB) issued a first decision extending one year pendency of an inter partes review for good cause. Minerva Surgical, Inc. v. Hologic, Inc., IPR2016-00868, Paper No. 57 (P.T.A.B. October 5, 2017)..… more

SEC Issues New C&DIs on the Use of Non-GAAP Financial Measures in Forecasts for Business Combination Transactions

On October 17, 2017, the staff (the “Staff”) of the SEC’s Division of Corporation Finance issued two new compliance and disclosure interpretations (“C&DIs”) on the use of non-GAAP financial measures in forecasts for business… more

Merck Sharp & Dohme B.V. v. Warner Chilcott Co. (Fed. Cir. 2017)

The Supreme Court most recently revisited the proper standards for making an obviousness determination ten years ago, in KSR Int'l. Co. v. Teleflex. Inc. While in some ways changing the obviousness standard, for example expanding the… more

Colts Fail to Score Motion to Dismiss Eavesdropping Suit

Moving the chains forward for the plaintiff, an Indiana federal court judge said allegations that the Indianapolis Colts’ mobile app eavesdropped on users were sufficient to survive a motion to dismiss… more

CFDA Issues New Classification Catalogue for Medical Devices In China

The new catalogue, which becomes effective on August 1, 2018, is likely to have a significant impact on the registration, manufacturing, operation, and distribution of medical devices in China… more

Toxic Tort Claims From Train Derailment: Fear of Cancer and Satisfaction of the Amount in Controversy Requirement

On August 28, 2017, the Third Circuit in Breeman v. Everingham (In re Paulsboro Derailment Cases) 2017 U.S. App. LEXIS 16393, dismissed the plaintiff’s fear of cancer toxic tort claims arising out of an alleged injury from a chemical… more

Sustainable Development Update - October 2017 #3

Sustainable Development Focus - California allocates $55M for energy storage in low-income neighborhoods - Utility Dive - Oct 17 - The California Public Utilities Commission has instituted a program that directs about $55… more

EU Technical Standards Assisting Regulators Gain Access to Derivatives Trade Data Published

A Commission Delegated Regulation amending the Regulatory Technical Standards on data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data was published in… more

Traditional UK Employment Law Means Gig Economy Transactions Could Be Hard Work For M&A Deal Teams

Companies operating in the “gig economy”, using a largely self-employed workforce, have enjoyed enormous growth in recent years and have made popular M&A targets. In the UK, these companies have come into conflict with long-established… more

OCC Provides Guidance for Downgrading Banks’ CRA Ratings

On October 12, 2017, the OCC published the section of its policy and procedures manual, PPM 5000-43, entitled “Impact of Evidence of Discrimination or Other Illegal Credit Practices on Community Reinvestment Act Ratings.” The Policy’s… more

Be alert but not alarmed on NEG

To borrow from a national security phrase, Australian renewable energy market participants should be "alert but not alarmed" concerning the 17 October announcement of the new National Energy Guarantee (NEG)… more

SlamData Secures $6.7MM Series A to Support Modern Data in the Enterprise

SlamData Inc., the leading open source analytics company for modern unstructured data today announced that it has raised a $6.7M Series A funding round, led by Shasta Ventures. The investment will drive further development of the… more

Turkey continues to challenge INTERPOL by abusing its Red Notice system

Last month, a Swedish journalist of Turkish descent, Hamza Yalçin was finally released from detention in a Spanish jail awaiting an extradition decision. Turkey has requested and received an INTERPOL Red Notice based upon an… more

The Impact of Kokesh On FINRA Remedies

Kokesh v. SEC, 137 S.Ct. 1635 (June 5, 2017) held that the statute of limitations in Section 2462 of Title 28 applies to requests for disgorgement by the Commission. Those payments constitute a penalty within the meaning of the… more

Employee Management Lessons From The Runway

Who knew you could pick up employee management lessons from the TV show Project Runway? The long running reality show, which pits multiple clothing designers against each other in a series of increasingly difficult design challenges… more

California Environmental Law and Policy Update - October 2017 #3

Focus - Santa Clara Valley Water District rejects twin Delta tunnels plan, endorsing smaller version instead - San Jose Mercury News - Oct 17 - In a landmark vote closely watched across California, the Santa Clara Valley Water… more

Battery Storage: A change in the commerciality of battery storage in the UK

Since our last paper on the emergence of battery storage: Battery Storage: A New Frontier, published in June 2017, we have seen some interesting developments recently in the UK… more

Passive Business Rule - Delayed, Withdrawn and Amended –What it Means for You

Small Business Investment Companies (“SBICs”) are generally prohibited from investing in passive (i.e., non-operating) small businesses under the Small Business Investment Act of 1958 (the “Act”) and its implementing Regulations. Prior… more

To Disclose or Not to Disclose, That is the Question

The use of criminal background checks is becoming more prevalent as a form of credentialing for both individual and institutional health care providers seeking licensure, certification or the benefits of other government licensing and… more

European Securities and Markets Authority Launches Next Stage of EU Reporting System

The European Securities and Markets Authority has announced the launch of the second phase of its Financial Instrument Reference Database (FIRDS). FIRDS covers the requirements under both the Markets in Financial Instruments Regulation… more

New York City Publishes Guidance on New Salary History Law

The New York City Commission on Human Rights’ new publications clarify legislation prohibiting employers from asking New York City job applicants about their past compensation and benefits… more

What REITs Need to Know About the New Partnership Audit Rules

The Bipartisan Budget Act of 2015 fundamentally changes the rules and procedures governing IRS audits of partnerships for taxable years beginning on or after January 1, 2018. These new rules are contained in new Sections 6221-6235 and… more

[Event] Selling Unmanned Systems Products and Services to Federal, State and Local Government Agencies - November 15th, Tysons, VA

Williams Mullen is hosting a seminar on “Selling Unmanned Systems Products and Services to Federal, State and Local Government Agencies” from 8:00 – 11:00 a.m. on November 15, 2017 at the Tower Club in Tysons, VA to help explain how… more

FTC Sticks With Keeping Security Current, Physical Media Safe

In the latest blog posts in the Federal Trade Commission’s “Stick with Security” series, the FTC focused on the procedures companies should put in place that will keep their security current, will address vulnerabilities that may arise… more

Washington Paid Sick Leave Update: Top 10 Things Every Washington Employer Needs to Know Now

The Washington State Department of Labor and Industries has now published final regulations implementing Initiative 1433 — the new statewide paid sick leave law passed by the voters in November 2016. These regulations have been… more

Federal Courts Hold That Lenders Do Not Generally Owe Fiduciary Duties To Borrowers

In Hagood v. Countrywide Home Loans, Inc., a borrower sued a lender for several claims, including breach of fiduciary duties. No. A-17-CA-00784-SS, 2017 U.S. Dist. LEXIS 165943 (W. D. Tex. October 6, 2017). The defendant filed a motion… more

The intersection of Federal Civil Enforcement: claims and health care restructurings

It is well known that the healthcare industry as a whole has undergone significant changes, challenges and uncertainties in recent years. Many hospitals, senior living facilities, pharmaceutical companies, laboratories and other… more

Residuals Clauses in IP Agreements and NDAs

A residuals clause is a provision in an IP agreement or non-disclosure agreement stipulating that if a party learns some general information regarding the other party’s IP while working with the other party, the party learning such… more

CirrusMD Closes $7 Million Series A Funding

CirrusMD, which offers a text-first approach to telemedicine for large health systems and insurers, today announced the closing of a $7 million Series A financing led by Colorado Impact Fund, joined by Bootstrap Incubation, Three Leaf… more

Employment Law - October 2017

Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain… more

Significant “Bright-Line” Interpretation of Compensable Time Under the FLSA

Employers are often faced with the difficult dilemma of whether, and how much, it has to pay its employees who take rest breaks under the federal Fair Labor Standards Act (“FLSA”) and corresponding state laws. On Friday, October 13… more

New Guidance Provided for Issuers with U.S. Marijuana-Related Activities

On October 16, 2017, the Canadian Securities Administrators (CSA), the Toronto Stock Exchange (TSX), and the TSX Venture Exchange (TSXV and together with the TSX, the TMX Group), issued long-sought guidance on disclosure requirements… more

Personal Injury Claims and Contingency Fees

If you’ve been hurt in a Woodland Hills accident that was not your fault, you may be wondering how much money the insurance company will give you for your injuries. The truthful answer? Not as much as you deserve. That is why you need… more

Calling African-American 'Boy' and 'You People' Creates Hostile Work Environment

In a recent string of decisions, federal courts have concluded that use of racial epithets even on one occasion is sufficient to constitute a hostile work environment under Title VII. Thus, use of the N-word and other derogatory terms… more

European Commission Publishes the Results of its First Annual Review on the Functioning of the EU-US Privacy Shield

On October 18, 2017, the EU Commission (“Commission”) published its report and other working documents (“Report”) on its first annual review of the EU-US Privacy Shield Framework (“Privacy Shield”). The Report summarizes that the… more

Italy Energy Newsletter - Issue 22, 2017

Novità Normative e Giurisprudenziali - in vigore Regione Basilicata - Recepimento dei criteri per il corretto inserimento nel paesaggio e sul territorio degli impianti da fonti di energia rinnovabili ai sensi del D.M. 10 settembre… more

Abzena and UGA Biopharma Announce a Cell Line Expressing a Biosimilar to an Antibody Therapeutic for MS

On October 19, 2017, Abzena plc and UGA Biopharma Gmbh announced that their partnership completed development of an NS0 (murine myeloma) manufacturing cell line. This cell line expresses a biosimilar of a therapeutic antibody for… more

2018 Cost-of-Living Adjustments on IRS Benefit and Contribution Limits

On October 19, 2017, the Internal Revenue Service (IRS) announced the cost-of-living adjustments impacting tax-qualified pension plans for 2018. The increase in the cost-of-living index met the statutory thresholds that triggered… more

SEC No-Action Letter Regarding Investments in Credit Risk Transfer Securities

On October 16, the SEC Division of Investment Management granted no-action relief in response to a request by Orrick on behalf of Redwood Trust. The Redwood request and the SEC staff response impact the way in which investments in… more

Kickback Arrangements – Cause for Alarm Beyond Federal Healthcare Programs

Few, if any, in the medical industry are unfamiliar with the federal Anti-Kickback Statute (“AKS”). Under AKS, those giving or receiving compensation for referrals for items or services reimbursed by the federal healthcare programs… more

Stored Communications Act Does Not Prohibit Disclosure of Deceased’s Yahoo Account

In what appears to be a case of first impression in the Commonwealth of Massachusetts, the Supreme Judicial Court (SJC) has ruled that Yahoo may disclose the contents of a deceased’s Yahoo email account to his personal representatives… more

Projects and Energy Weekly Snippets

New electricity generation: Eskom outlines transmission spending plans - Eskom plans to spend ZAR174.5 billion on its transmission and distribution network over the next 10 years, largely to improve reliability and accommodate new… more

If Pain, Yes Gain—Part XXXVII: NYC Set to Expand Earned Sick Time Act

Seyfarth Synopsis: On October 17, 2017, the New York City Council passed an amendment to the city’s Earned Sick Time Act that, if signed by Mayor Bill de Blasio as expected, would allow eligible employees to use paid sick time for… more

FOIL Follies- Draft Plans Once Submitted Must Be Made Available

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law… more

Massachusetts Court Upholds Record $2.6M Fine against Beer Distributor

Earlier this month, a Massachusetts state trial court judge issued a decision in the matter of Craft Beer Guild LLC d/b/a Craft Brewers Guild v. Alcoholic Beverages Control Commission. The court upheld a decision by the Alcoholic… more

Healthcare Cyber: House Inquiry Targets Medical Software

In its latest inquiry into cybersecurity risks in the healthcare sector, the House Energy and Commerce Committee last week requested a “formal briefing” from medical transcription vendor Nuance Communications, Inc. concerning its… more

[Video]Estate Planning & Family Law: How To Protect Your Assets For Future Generations

Norma Stanley and Derren Ciaglia explain the similarities of estate planning and family law, and give some examples of how to protect your assets in complicated planning matters… more

President Trump Signs New Executive Order To Loosen Insurance Regulations

Following multiple failed attempts by the Republican-led Congress to repeal the Affordable Care Act (ACA), on October 12, 2017, President Trump took unilateral action signing an executive order aimed at expanding choices and… more

Should we regulate artificial intelligence?

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks… more

AML Information Sharing in the U.S. – Section 314 of the Patriot Act

As we recently blogged, the Royal United Services Institute (“RUSI”) for Defence and Security Studies — a U.K. think tank – has released a study: The Role of Financial Information-Sharing Partnerships in the Disruption of Crime (the… more

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