China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties… more

Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. In fact, a recent study found that, on average, three out of five (64%) consumers report… more

The Boiling Points collection features real-world documents that government antitrust agencies used against merging companies. Dechert’s antitrust/competition practice curated the collection from an exhaustive review of publicly… more

An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s discipline and… more

In late July, the U.S. House of Representatives passed H.R. 8454, the Medical Marijuana and Cannabidiol Research Expansion Act (Research Expansion Act). A similar version of the bill, S. 253, passed the Senate earlier this year. The… more

The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale of a… more

What began as a trademark infringement dispute concerning electronic cigarettes has evolved into a never-ending series of discovery issues, and lessons about the limits of Federal Rule of Evidence 502 and privilege waivers..… more

Increasing prices are on the minds of many. Price spikes have increased spending on housing, food, clothing, and more. Fuel prices—and especially gasoline for cars—are at the core of many of these increases. A lot of factors, though… more

The Solid Waste Association of North America (“SWANA”) and three other organizations filed joint comments addressing questions posed by the United States Environmental Protection Agency (“EPA”) in the following document: RFI… more

Bermudan, British Virgin Islands (“BVI”) and Cayman Islands companies are frequently used as investment vehicles for Hong Kong and Chinese companies and individuals. This is reflected in the frequency with which they are a party to… more

On 3 August 2022, the UK’s Financial Conduct Authority (“FCA”) published a policy statement (PS22/11) on improvements to the appointed representatives (“ARs”) regime. The FCA  consulted on amendments to the AR framework in December… more

Continuing a trend it has been pursuing, the CFPB on Thursday used a non-rulemaking circular (Consumer Financial Protection Circular 2022-04) to state that its UDAAP authority extends its enforcement authority to situations where… more

By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that the union… more

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways - The Workers’ Compensation Board can disqualify a claimant from receiving lost-time benefits under certain… more

As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with increased global… more

On August 10, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued final guidelines to the Commonwealth’s 175 MBTA communities for compliance with M.G.L. c. 40A, § 3A… more

What is one of the key ways to promote good attendance? For many employers, it is by implementing a perfect attendance award bonus for employees who work for a month or a quarter without missing any scheduled work days..… more

The United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) addressed in an August 11th Opinion a question regarding the extraction of coal mine methane. See Finite Resources, Ltd., et al. v. DTE Methane Resources… more

On August 3, 2022, eleven suspended PGA Tour members filed a complaint in the United States District Court for the Northern District of California (the “Court”) against PGA Tour, Inc. (the “Tour”), alleging violation of federal and… more

If your business is considering making a contribution to an independent expenditure-only political action committee (“super PAC”) this election cycle, be sure to verify whether it is currently negotiating or performing a contract with… more

As we’ve previously noted, customers and other creditors of Voyager Digital Holdings face a deadline to file official “proofs of claim” setting forth the amounts they assert that Voyager owes them..… more

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of August 8, 2022..… more

New York’s two principal consumer fraud statutes, N.Y. G.B.L. §§ 349 and 350, authorize statutory damages of $50 or $500 per violation respectively..… more

On July 15, 2022, the Michigan Supreme Court clarified and, arguably, expanded the public-policy exception to the well-established at-will employment presumption in Michigan. Although the case may conclude differently after remand… more

It’s earnings season, and this week’s Update for the week ending August 5, 2022, is focused on recent quarterly releases from Booking Holdings and Expedia Group. I’ve also attached second quarter earnings call transcripts for Airbnb… more

President Joe Biden is set to sign into law the Inflation Reduction Act of 2022 (the “Act”), which is estimated to reduce greenhouse gas emissions by around 40% by 2030 and to invest $369 billion in energy security and climate change… more

In Tavernaro v. Pioneer Credit Recovery, Inc., No. 2:20-CV-02141-KHV-ADM, 2022WL3153234 (10th Cir. Aug. 8, 2022), the Tenth Circuit recently held that violations of the Fair Debt Collection Practices Act (“FDCPA”) are to be evaluated… more

The Economic Crime (Transparency and Enforcement) Act 2022 (the "Act") received royal assent on 15 March 2022 and key aspects of the Act summarised below came into force in the UK on 1 August 2022. The aim of the Act is to increase… more

The U.S. Senate passed the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The PACT Act is a substantial step in expanding healthcare services and benefits to the millions of… more

For the first time, the English court has granted permission for service of proceedings to be effected by non-fungible token (NFT) on the blockchain. The option to serve by NFT may be vital for victims of cryptocurrency fraud in… more

Last week, the U.S. Centers for Disease Control and Prevention (CDC) issued updated COVID-19 guidance. This update loosens prior guidelines regarding social distancing, testing, and isolation, with the agency noting that “[h]igh levels… more

The well-documented benefits of moving to the Cloud include speed, security, and scale, but none may impact your business more than cost recovery. To help you analyze how you can enhance your bottom line, we’ve compiled this list of… more

El Ministerio del Trabajo de Colombia el 2 de agosto de 2022, emitió un concepto unificado sobre el ingreso base de cotización de trabajadores independientes, en el cual concluyó que el artículo 18 de la Ley 1122 de 2007 debe ser… more

With the rise in remote work, employers are finding themselves subject to a new set of laws based on each employee’s residence – and those finding themselves with workers in Louisiana are no exception. Our state has long held onto its… more

Hologic, Inc. v. Minerva Surgical, Inc., Appeal Nos. 2019-2054, -2081 (Fed. Cir. Aug. 11, 2022) - Our Case of the Week follows the Hologic saga as it returns to the Federal Circuit on remand from the Supreme Court’s decision… more

Following the Consumer Financial Protection Bureau’s supervisory observations that the auto finance industry seemed to be struggling with providing adequate consumer protections to servicemembers, the CFPB has joined with the… more

A California Superior Court judge recently preliminarily approved a $100 million settlement in connection with a class action brought on behalf of a class of current and former female employees at video game studio Riot Games. The… more

After pushing Disney to go all in on streaming in 2020, activist investing firm Third Point has amassed another sizeable stake in Big Mouse and is lobbying for additional changes aimed at making the sprawling company more profitable… more

Report on Patient Privacy 22, no. 8 (August, 2022) - The Department of Justice (DOJ) seized around $500,000 in Bitcoin ransom paid by two health care organizations in Kansas and Colorado to North Korean ransomware actors and their… more

On August 11, 2022, the Center for Disease Control (“CDC”) updated and further loosened COVID-19 guidelines. A summary of the guidelines demonstrate the shift in the CDC’s focus to avoid transmitting severe illness, as opposed to… more

Medical professionals, patients, and others can commit healthcare fraud by deceiving the healthcare system, such as providing medically unnecessary services, in order to get unauthorized benefits or payments. Facing accusations or if… more

If you have a child or another loved one with special needs, it’s only natural to worry about their future. How can you make sure their financial needs are taken care of without jeopardizing their public assistance payments?… more

The Eleventh Circuit recently decided not to rehear en banc a panel decision which held that a TCPA class action settlement could not include an incentive award for the lead plaintiff.  See Johnson v. NPAS Sols., LLC, No. 18-12344… more

On August 12, 2022, Conifer Revenue Cycle Solutions, LLC provided notice of a data breach stemming from an unauthorized party gaining access to an employee email account. According to Conifer, the breach resulted in the names, dates of… more

The Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) (collectively, the “Agencies”) jointly proposed a rule (the “Proposed Rule”) that would impact existing confidential reporting obligations… more

The US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization raises important questions about data privacy. Fears that sensitive personal data could be used to identify and prosecute abortion ban violations were… more

Market Trends: What You Need to Know - As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: The use of separate escrows for purchase price adjustments has been increasing on a… more

On July 26, 2022, the Energy Regulatory Commission (“CRE”) published a preliminary draft of new “General Administrative Provisions that establish the requirements for the filing of applications, updates, modifications and obligations… more

This year started off with a surge of enthusiasm among US proponents of increased climate-related financial risk disclosure by insurers and others: - Soon after the late-2021 Conference of the Parties (COP) 26 event in Glasgow… more

Landmark changes in the federal income tax treatment of partnerships (including multi-member LLCs) became effective in 2018 for many more partnerships than first anticipated. As a result of the Bipartisan Budget Act of 2015, the IRS… more

On July 28, 2022, the DOL, HHS, and the IRS (collectively, the “Agencies”) released FAQs About Affordable Care Act Implementation Part 54, which, according to the Agencies, is intended to make it clear that, despite the Supreme Court’s… more

The FTC has issued a long-anticipated Advanced Notice of Proposed Rulemaking (ANPR) regarding commercial surveillance and data security practices. The FTC invites public comment on a wide range of issues (through more than 95… more

Data privacy and security are again taking center stage in Washington, DC. On the heels of Congress’s introduction of the American Data Privacy and Protection Act (ADPPA), the Federal Trade Commission (FTC) announced on August 11… more

La Superintendencia Financiera de Colombia (SFC) expidió recientemente la Circular Externa 020 del 29 de julio de 2022 mediante la cual se define el contenido que deberán tener aquellos prospectos de información que tengan por objeto… more

Want to reach more readers? JD Supra's Paul Ryplewski shares insights about what makes some thought leadership widely read on JD Supra… more

Granted, a QTIP trust is an odd sounding name for an estate planning technique. Nevertheless, it can be a valuable strategy, especially if you’re currently in a second marriage. The QTIP moniker is an acronym for the technical term of… more

On August 3, 2022, The Country Club at Woodfield, Inc. (“Woodfield Country Club”) reported a data breach with the various government entities after the organization learned it was the victim of a cyberattack. While Woodfield Country… more

In this post, we describe the many sanctions imposed by Canada on Russia and Belarus, and on certain Ukrainians who have supported them, since our previous update on June 22, 2022… more