A challenging fundraising environment, the rise in M&A activity and the capital requirements necessary to bridge funding gaps are key developments which have led fund managers to increase their offering of co-investment opportunities… more
The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use or… more
The US Court of Appeals for the Federal Circuit affirmed a district court’s noninfringement determination, finding that the presence of a disclaimed compound in the accused product precluded infringement. Azurity Pharm., Inc. v. Alkem… more
On April 2, 2025, after weeks of speculation and heightened geopolitical tension, President Trump announced sweeping global tariffs on what he dubbed “Liberation Day”. The tariffs included a baseline universal tariff of 10% on most… more
The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard essential patents… more
The energy needs of data centers continue to grow, seemingly unabated. According to this Utility Dive Article, a report from the National Electrical Manufacturers Association (NEMA) estimates that data center demand (and transportation… more
Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case, finding… more
In this alert, we take a look at some of the principal points arising from the Court of Appeal’s judgment in respect of the Thames Water restructuring plan, as well as the broader state of play for restructuring plans in the post-Adler… more
Welcome to our fourth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along a couple of announcements first. Again, thank you for reading! The Data Center Boom Continues, but… more
The 2025 regular session of the West Virginia Legislature concluded at midnight on April 12. As the dust settled, it became clear that Governor Patrick Morrisey was able to get the majority of his agenda enacted into law, including the… more
The U.S. Department of Commerce announced that it has initiated a Trade Expansion Act of 1962 Section 232 investigation to determine whether imports of pharmaceutical products and ingredients pose a national security risk to the U.S… more
On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had a job… more
On March 26, 2025, China’s Ministry of Ecology and Environment (the MEE) published the “Work Plan for the National Carbon Emissions Trading Market Covering the Steel, Cement, and Aluminum Smelting Industries” (the Work Plan)… more
The Centers for Medicare & Medicaid Services (CMS) again has delayed the deadline for its mandatory provider revalidation program for skilled nursing facilities (SNFs), this time to Aug. 1, 2025. The change was made because only about… more
Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are… more
The Data Security Program (DSP) recently implemented by the U.S. Department of Justice (DOJ) will have far-reaching implications for many businesses that transfer the personal data of U.S. citizens outside the United States. This… more
AIFMD II introduces substantial changes to the EU-wide regulatory framework for alternative investment fund managers (“AIFMs”) that was established under AIFMD. The changes cover a wide range of areas but will have a particularly… more
Major trade associations and water systems filed suit to challenge the Biden-era U.S. Environmental Protection Agency's (EPA) National Primary Drinking Water Rule for six per- and polyfluoroalkyl substances (PFAS) under the Safe… more
Good news for Kentucky local governments—they’ve got a new tool to help tackle housing shortages, thanks to legislation passed during the 2025 Kentucky General Assembly. Senate Bill (SB) 25 now allows local governments to issue… more
In Pincus Law Grp PLLC v. MJ Connections, Inc., 2025 WL 1070384 (E.D.N.Y. Apr. 9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI Protocol. The… more
Last week, 10 California homeowners filed suit in Los Angeles County Superior Court against the California FAIR Plan Association (CFPA) and several of its largest insurance company members. Plaintiffs allege defendants systematically… more
Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple… more
President Donald Trump signed an executive order April 9, “Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base,” to reform the United States’ “antiquated defense acquisition processes.”… more
We all know that childhood is full of bumps, bruises, and yes—sometimes concussions. A tumble off a bike, a collision on the soccer field—it happens. But what if those head injuries, even the “mild” ones, could echo into your child’s… more
ESRD ETC among value-based care models being ended early by CMS - This decision to end the ESRD ETC payment model and several others on Dec. 31 aligns with CMS’ goal to focus on models that demonstrate potential for expansion. The… more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small… more
Luxembourg has adopted the law of 4 April 2025, marking a significant step toward the national implementation of Regulation (EU) 2022/2065 on a Single Market for Digital Services (the Digital Services Act, or DSA)… more
Numerous businesses today deploy artificial intelligence (AI) innovatively across various industries, with many companies eager to hop on the AI hype train and ride the momentum of new and innovative business tools. While regulatory… more
This week, the U.S. Patent and Trademark Office (USPTO) made two announcements of interest to patent holders and practitioners as part of modernization and efficiency efforts..… more
What if the key to success isn’t just hard work, but true happiness? On this episode of Founder Shares, Grace Ueng, founder and CEO of Savvy Growth, shares how happiness and business leadership go hand in hand. As a leadership coach… more
This monthly report outlines key developments in China’s data protection sector for April… more
The private credit market has emerged as a formidable force in the global financial landscape, offering a compelling alternative to traditional syndicated bank lending. The Private Credit Guide provides a broad overview of trends and… more
On April 11, 2025, a group of forty Democratic lawmakers sent a letter to U.S. Secretary of Labor Lori Chavez-DeRemer urging her to “abandon plans to dismantle [the Office of Federal Contract Compliance Programs] and reaffirm the… more
Mitral regurgitation is the most common form of valvular heart disease and affects around 10% of Americans over 75. It occurs when the mitral valve, which is located between the left atrium and the left ventricle, doesn’t close… more
The new fee structure is presented as a neutral pricing adjustment to replace the current TEAS Plus and TEAS Standard application filing options with a single base application option that changes based on the "complexity and… more
This monthly report outlines key developments in China’s antitrust sector for April. The following events merit special attention..… more
Our blog has reported previously on California PFAS regulations, including its watershed laws with novel definitions of PFAS and the noted problems with the total organic fluorine testing method. (Prior CA blog posts on PFAS). We have… more
As we have hinted at (and even mentioned) in some of our more recent client alerts, the proverbial other shoe has now dropped. In the April 15, 2025, Executive Order entitled "Restoring Common Sense to Federal Procurement" (the EO)… more
The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit alleging… more
The Department of Justice’s National Security Division (NSD) released several documents on April 11, 2025, to assist entities that must comply with the Final Rule regulating or prohibiting the transfer of bulk U.S. sensitive personal… more
There are many valuable benefits of registering one’s trademark with the United States Patent and Trademark Office (USPTO). A cursory Internet search will yield dozens of articles on the “Top 10” or “Top 5” reasons to register one’s… more
On April 9, President Trump issued an Executive Order instructing agency heads, in consultation with the Chairman of the Federal Trade Commission (FTC) and the Attorney General, to complete a review of all regulations subject to their… more
The Colstrip Power Plant in Montana is now one of the early applicants to the new EPA exemption application process which we have previously discussed here. Specifically, the Colstrip plant has requested a two-year exemption from EPA… more
The secondary cascade, although a normal physiological response, can contribute to ongoing neuroinflammation, oxidative stress and axonal injury, continuing in some cases years after the initial insult. There is no clearly effective… more
On April 10, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) published a statement providing its views about the application of certain disclosure requirements under the federal securities laws to offerings… more
On 26 October 2023, the ECCTA became law, overhauling key aspects of the UK’s legal framework on corporate and economic crime. The changes introduced by the ECCTA are being implemented in stages, with certain provisions of the ECCTA… more
Summary: The United States Patent and Trademark Office (USPTO) has accelerated the patent issuance timeline due to modernization efforts, which include publishing electronic patent grants (eGrants) via the USPTO’s Patent Center and… more
After many attempts, the Department of Justice Antitrust Division (DOJ or Division) has scored the first guilty verdict on a wage-fixing case. For years, the Division has prosecuted wage-fixing and no-poach agreements with little… more
In a consequential policy shift, the US Environmental Protection Agency (EPA) under the Trump administration announced its intent to reevaluate a cornerstone of modern chemical regulation: the risk evaluation framework rule under the… more
In October, we broke down the required off-cycle Medicare revalidation of all Skilled Nursing Facilities (SNFs) in an Alert and related blog post. We were happy to announce in November that CMS extended the deadline for SNFs to submit… more
Virginia recently amended its Consumer Protection Act (the Act) to provide enhanced protection for reproductive and sexual health information. These protections take effect on July 1, 2025. The amendment prohibits a business from… more
On April 14, 2025, the U.S. District Court for the District of Massachusetts issued a significant ruling temporarily blocking the Trump administration’s plan to terminate the parole and employment authorization of over 500,000… more
BALTIMORE—City Files Lawsuit Against DraftKings, FanDuel - The City of Baltimore filed a lawsuit against DraftKings and FanDuel, alleging that the sports betting companies exploit vulnerable gamblers through promotional tactics… more
On April 1, the U.S. Court of Appeals for the First Circuit vacated a summary judgment ruling in favor of the Securities and Exchange Commission (SEC) against Commonwealth Equity Services, LLC, also known as Commonwealth Financial… more
Whether a party is a controlling stockholder in a conflicted transaction determines the standard of review. If a stockholder owns more than 50% of the voting shares and therefore can control the board, there is no question it is a… more
The common interest doctrine can sometimes protect as privileged communications between separately represented clients. But litigants seeking the doctrine’s protection face many hurdles and often fail… more
Le 8 avril 2025, le ministre de l’Énergie et des Mines de l’Ontario a publié une lettre (la « lettre du ministre ») demandant notamment à la Commission de l’énergie de l’Ontario et à la Société indépendante d’exploitation du réseau… more
The ESMA Consultation comes at an interesting time when the possibility of streamlining template reporting is being considered as part of the wider review of the European Securitisation Regulation (EUSR) and as considered most recently… more
