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Administrative Agency General Business

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”). The first reminds contractors that competitors can work together when...more

Trade & Manufacturing Alert - December 2017

by King & Spalding on

“Core Elements” Of TPP-11 Agreement Reached In Vietnam - On November 10, 2017, Trade Ministers from the eleven remaining Trans-Pacific Partnership (TPP) countries (minus the United States) announced that they had reached...more

The SEC Urges Supreme Court Review Of The Constitutionality Of Its Administrative Law Judges

On November 29, 2017, the Solicitor General filed a brief on behalf of the Securities and Exchange Commission (the "Commission") in Raymond J. Lucia et al. v. Securities and Exchange Commission, No. 17-130, asking the Supreme...more

Canada releases proposed amendments to Regulations governing patented medicines pricing

by Smart & Biggar on

On December 2, 2017 Canada’s Governor-in-Council published proposed Regulations Amending the Patented Medicines Regulations (“the proposed Regulations”). The 75-day consultation period ends February 15, 2018. The proposed...more

TTB Clarifies Recall Information

by Sherman & Howard L.L.C. on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published a circular clarifying its position on voluntary beverage recalls for adulterated or mislabeled products....more

Federal Circuit Slams PTAB Amendment Policy

by Pepper Hamilton LLP on

On October 4, 2017, the Court of Appeals for the Federal Circuit, sitting en banc, overruled an earlier panel decision and found that the Patent Trial and Appeal Board (PTAB) had been impermissibly placing the burden of...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day on

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

California Adopts Emergency Cannabis Regulations for Licensing Beginning on January 1, 2018

by Dorsey & Whitney LLP on

On November 16, 2017, California published the long awaited rules and regulations to implement voter approved Proposition 64, the Adult Use of Cannabis Act of 2016, which legalized adult use of cannabis in the State of...more

San Francisco Announces Nov. 30 Deadline for License Registration of Non-Medical Cannabis Dispensary Businesses

Beginning on January 1, 2018, numerous California cities will begin issuing licenses for recreational marijuana businesses. To help you better understand the application process for the City of San Francisco, we set forth...more

Did you hear about the statistician who drowned in a lake with an average depth of two feet?

by Fenwick & West LLP on

I was reminded of this question, often posed by my dad to remind me not to become a slave to statistics, by two dramatic things that happened last week. On the one hand, at the IAM 2017 Patent Law and Policy conference in...more

Tasting Notes: When Alcohol Goods and Services Descriptions Matter

by Winthrop & Weinstine, P.A. on

On December 11, I will be presenting a CLE on Brewery and Distillery Law, discussing trademark issues affecting breweries and distilleries. One of the topics that I’ll spend some time on during that presentation – and one...more

National security reviews 2017: A global perspective — France

by White & Case LLP on

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries...more

WTO Appellate Body Report: Indonesia – Import Licensing Regimes

by White & Case LLP on

...The WTO Appellate Body has ruled that certain import licensing measures maintained by Indonesia constitute impermissible import restrictions under Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994....more

Patents in the burgeoning cannabis industry

by Farella Braun + Martel LLP on

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

by Proskauer - Labor Relations on

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Cain Takes the Reins as Chief of SEC’s FCPA Unit

by Moore & Van Allen PLLC on

With the official announcement that Charles Cain will replace Kara Brockmeyer as head of the SEC’s Foreign Corrupt Practices Act (FCPA) Unit, it is more likely that we will see a return to the enforcement trends and outcomes...more

Adverse Event Reports for Food, Supplements and Cosmetics Are Now Publicly Available: What Manufacturers Need to Know

by Pepper Hamilton LLP on

Enhancing transparency has been one of the FDA’s top priorities for nearly a decade. In late 2016, the agency continued to advance this goal by publishing data relating to food, cosmetics and dietary supplements from its...more

But We Had A Deal: Consent Agreement Cannot Overcome Likelihood Of Confusion Finding

by Orrick - IP Landscape on

Order Affirming Refusal of Registration, In re 8-Brewing LLC, T.T.A.B. (October 30, 2017) - Trademark applicants know the familiar sinking feeling when their clearance search turns up a potentially conflicting mark...more

Massachusetts Lawmakers Hear Testimony on Non-Compete Legislation

The Joint Committee on Labor and Workforce Development held a hearing on Tuesday, October 31 to receive testimony on the several bills introduced this session addressing the use of non-compete agreements in Massachusetts....more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

NESHAP/Air Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama Dry Cleaning Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Vardaman Enterprises, Inc., d/b/a Jerry’s Cleaners (“VEI”) entered into a September 14th Consent Order (“CO”) addressing alleged National Emission Standard for...more

SEC Charges Former Private Equity Firm Partner with Defrauding Clients

by Pepper Hamilton LLP on

In an offshoot of its enforcement action against Apollo Management L.P. (Apollo) last year, the Securities and Exchange Commission (SEC) on October 25 charged a former senior partner at Apollo with defrauding his fund clients...more

SDNY Rules SEC Investigation Is A “Claim” Within Pending And Prior Acts Exclusion

by Carlton Fields on

The U.S. District Court for the Southern District of New York has held that a long-running investigation by the SEC constituted a “Claim” triggering the pending and prior claims exclusion in an excess directors and officers...more

Another Early Adopter Receives SEC Revenue Recognition Comments

Cboe Global Markets, Inc. (f/k/a CBOE Holdings, Inc.) recently received comments on its Form 10-Q related to FASB’s new revenue recognition standard. ...more

TTAB Seals Fate of Trade Dress Claims for Design Covered By Utility Patent

It is natural for manufacturers to seek to widen their intellectual property protection. In the seminal case TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 US 23 (2001), the Supreme Court struck down the plaintiff’s...more

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