Thompson Coburn LLP

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One U.S. Bank Plaza
St. Louis, Missouri 63101-1611, United States
Phone: 314-552-6000
Fax: 314-552-7000
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
Number of Attorneys
100+ Attorneys

A victory for attorney-client confidentiality: DOL takes formal steps to rescind controversial persuader regulation

In March 2016, the DOL issued a new regulation that greatly expanded the obligations of employers and their attorneys to publicly file sensitive information regarding so-called “persuader activity.” Under the regulation,…more

Attorney-Client Privilege, Confidential Information, DOL, Persuader Rules, Rescission

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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[Webinar] Cloud Computing Series – eDiscovery - October 26th, 12:00p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and eDiscovery…more

Cloud Storage, Continuing Legal Education, Data Privacy, Discovery, Discovery Disputes

See all updates »

Higher ed braces for flood of lawsuits over retirement plans

Numerous colleges and universities sponsor retirement plans—both defined benefit (DB) and defined contribution (DC)—to provide retirement income security for their employees. But recently a number of higher education…more

401k, 403(b) Plans, Breach of Duty, Colleges, Defined Benefit Plans

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Shippers, are you ready for SOLAS’ verified container weight mandate?

Do you export your goods in an ocean-going cargo container? If so, are you ready for the SOLAS amendments that go into effect July 1? A little planning ahead of time will prevent your boxes from being left on the docks…more

Exports, Maritime Transport, Shipping Cargo, Verification Requirements

See all updates »

Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are…more

Business Ownership, Confidential Information, Discovery, Federal Rules of Civil Procedure, Limited Liability Company (LLC)

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IRS releases updated safe harbors for management contracts in tax-exempt bond-financed projects

On August 22, 2016, the Internal Revenue Service released Revenue Procedure 2016-44. The purpose of this revenue procedure is to provide revised and broader “safe harbors” under which certain private management contracts will…more

501(c)(3), Compensation, IRS, Management Contracts, Safe Harbors

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Digital assets create new complications for estate planning

“Digital assets” encompasses a wide variety of things, from your email and Facebook accounts to your iTunes music to your electronically stored data to your domain name to bitcoins. Some of them may have actual value, while…more

Digital Assets, Estate Planning, Intangible Property

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Client alert: New law may significantly impact international trade

The President signed into law the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) on August 2, 2017, which could have a significant impact on international trade. CAATSA targets three countries with new…more

Anti-Corruption, Anti-Terrorism Financing, Arms Embargo, Congressional Override, Cyber Sanctions

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Analysis of sugar industry documents may impact litigation

Litigation targeting products that contain added sugar is on the rise, and plaintiffs’ attorneys are expanding their playbook. In a recent class action against cereal producer General Mills, Inc., in the Northern District of…more

Manufacturers, RICO, Tobacco

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Amending claims may be getting easier in post-grant proceedings, at least for now

In a highly fractured case, the full Federal Circuit today in Aqua Products, Inc. v. Matal, No. 2015-1177, found that the burden of persuasion rests on the petitioner to show that proposed claims in an inter partes review…more

Appeals, Burden of Persuasion, Chevron Deference, Claim Amendments, Inter Partes Review (IPR) Proceeding

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Valuation of affordable housing projects in bankruptcy – a muddied landscape

Just when courts appeared to be developing a consensus on how to value affordable housing projects in bankruptcy, an opinion from the 9th Circuit Court of Appeals has muddied the landscape. In In re Sunnyslope Housing Ltd…more

Affordable Housing, Appeals, Chapter 11, Creditors, HUD

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The USDA’s bioengineered food disclosure standard: Where are we now?

More than halfway through the two-year period Congress gave the U.S. Department of Agriculture to develop a disclosure standard and labeling procedures for bioengineered foods, the affected industries are still left with more…more

Agricultural Marketing Act, Agricultural Sector, Beverage Manufacturers, Bioengineering, Consumers

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New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases

Can a discharger violate a general narrative state water quality standard incorporated into its national pollutant discharge elimination system (“NPDES”) permit when the permit does not contain specific numeric effluent limits…more

Clean Water Act, Discharge of Pollutants, NPDES, Permits

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In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two suits…more

Amazon, Counterfeiting

See all updates »

Customs withdraws Notice of Proposed Modification regarding the application of coastwise laws

On May 10, 2017, the U.S. Customs and Border Protection Agency withdrew its notice of proposed modification and revocation of a series of letter rulings relating to its position on the application of the coastwise laws to the…more

Customs and Border Protection, Jones Act, Notification of Withdrawal, NPRM, Oil & Gas

See all updates »

Vineyard buyer's fraud claim dying on the vine

Sellers of a vineyard were exonerated of a claim for fraud because they “could not be held liable for nondisclosure in the absence of evidence they had actual knowledge of the facts to be disclosed.” In Opinion - RSB Vineyards…more

Actual or Constructive Knowledge, Appeals, Building Codes, Buyers, Construction Defects

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Secured creditors beware

A series of cases decided by the federal district court in Chicago holds that a properly perfected secured creditor can waive its right of priority in collateral in favor of a judgment lien creditor if it fails to properly act…more

Article 9, Collateral, Creditors, Debtors, Default Judgment

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The hidden exposure of tenant estoppels and SNDAs

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are…more

Abatement, Commercial Leases, Contract Amendments, Contract Renewal, Contract Termination

See all updates »

The Grinch loses and protection of parody wins

Someone once said make sure your words are sweet as you may have to eat them. In the attached decision, the Judge finds the play "Who’s Holiday" is a parody entitled to fair use. He grants Plaintiffs’ motion for judgment on the…more

Books, Copyright, Copyright Infringement, Declaratory Judgments, Derivative Works

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A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers…more

HUD, Landlord and Tenant Acts, Landlords, Security Deposits, Tenants

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New actions based on ‘nothing artificial’ labels may be halted as FDA redefines ‘natural’

I previously wrote about Thornton v. Pinnacle Foods Group LLC, No. 4:16-CV-00158-JAR, in which the Eastern District of Missouri refused to dismiss a consumer fraud claim based on “nothing artificial” labels on boxes of Duncan…more

All Natural, Consumer Fraud, FDA, Food Labeling, Food Manufacturers

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Do you need a Section 404 permit for your real estate development?

Real estate developers recognize the importance of obtaining a Phase I environmental site assessment to review existing environmental site conditions. However, other conditions — creeks, streams, ditches or other water features…more

Civil Monetary Penalty, Clean Water Act, Environmental Site Assessment, EPA, General Permit

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Filing Form 709: Beyond the basics of gift tax returns

Since 2013, the gift tax filing threshold has been $14,000, making it relatively apparent that if your client made a gift in excess of $14,000 to any one person (other than a spouse) in 2013 or any year thereafter, the client…more

Crummey Trusts, Estate Tax, Gift Tax, IRS

See all updates »

Expanded ARO pilot program poised for Chicago City Council approval

Earlier this week, after a four-hour hearing, the Chicago City Council’s Committee on Housing and Real Estate recommended approval of a three-year pilot initiative to expand and modify the City of Chicago’s Affordable…more

Affordable Housing, City Councils, Housing Developers, Housing Market, Local Ordinance

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EPA reveals first 10 chemicals to be reviewed under a more robust toxic substances act

On November 29, 2016, the U.S. Environmental Protection Agency announced the first 10 chemicals that it will evaluate for potential risks to human health and the environment under the Toxic Substances Control Act (“TSCA”), 15…more

Chemicals, Confidential Information, EPA, Manufacturers, Preemption

See all updates »

TC's inside IP - Winter 2013: The AIA: Reviewing the First Year of Inter Partes Review

September 16, 2013, marked the one-year anniversary of the implementation of the America Invents Act, and with it, the introduction of an important tool for challenging the validity of an issued patent at the U.S. Patent and…more

America Invents Act, Claim Construction, First-to-File, First-to-Invent, Inter Partes Review (IPR) Proceeding

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

9th Circuit rejects argument that ‘No Added Sugar’ means ‘healthy’

The relationship between “added sugar” and adverse health outcomes has been a subject of debate. When the FDA proposed adding a line for “added sugar” to the nutrition labels on packaged food (a requirement that has gone into…more

Actual Reliance, Appeals, Beverage Manufacturers, Deceptively Misdescriptive, False Advertising

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Is immigrant investment right for your project?

What do Marriott, Hilton Worldwide, Hyatt, Starwood Hotels & Resorts, American Life Insurance Company and Jay Peak Ski Resort know that you don’t know? They have discovered a way to access substantial amounts of equity financing…more

EB-5, Foreign Investment, Immigrant Investment Visas, Investors, Land Developers

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The hidden exposure of tenant estoppels and SNDAs

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are…more

Abatement, Commercial Leases, Contract Amendments, Contract Renewal, Contract Termination

See all updates »

Traps and pitfalls of joint ownership

Many people believe that owning property jointly with rights of survivorship is an effective substitute for a will. The benefit of holding property as joint tenants with rights of survivorship is that such property passes to the…more

Joint Ownership, Joint Tenancy with Right of Survivorship, Probate, Trusts

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Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's Center…more

Clapper v. Amnesty International, Class Action, Cyber Attacks, Cyber Insurance, Data Breach

See all updates »

Missouri enacts new employment law favoring employers

On June 30, Governor Eric Greitens signed into law a new bill making notable changes to rights and remedies for claims under Missouri’s discrimination law (“MHRA”) and claims for whistleblower retaliation. The changes more…more

Adverse Employment Action, Business Judgment Rule, Compensatory Damages, Damage Caps, Employer Liability Issues

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Crowdfunding for Real Estate - Buyer Beware

Much has been made in the press lately about online crowdfunding websites that allow people to contribute money to fund business start-ups in exchange for rewards such as a copy of the finished work, a special invite to a movie…more

Capital Raising, Commercial Real Estate Market, Crowdfunding, Fees, Internet

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Shippers, are you ready for SOLAS’ verified container weight mandate?

Do you export your goods in an ocean-going cargo container? If so, are you ready for the SOLAS amendments that go into effect July 1? A little planning ahead of time will prevent your boxes from being left on the docks…more

Exports, Maritime Transport, Shipping Cargo, Verification Requirements

See all updates »

EPA reveals first 10 chemicals to be reviewed under a more robust toxic substances act

On November 29, 2016, the U.S. Environmental Protection Agency announced the first 10 chemicals that it will evaluate for potential risks to human health and the environment under the Toxic Substances Control Act (“TSCA”), 15…more

Chemicals, Confidential Information, EPA, Manufacturers, Preemption

See all updates »

Life insurance planning for the business owner

Life insurance is an effective tool that business owners can use to provide liquidity at their passing for both their businesses and their families. Having a properly drafted buy-sell agreement is key to avoiding conflict and…more

Business Entities, Business Ownership, Business Succession, Buy-Sell Agreements, C-Corporation

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Missouri appellate court opens the door to Spearin claims by contractors against public entities

A Missouri appellate court has for the first time recognized that a construction contractor may pursue a breach of contract claim against a public entity owner based on the “Spearin doctrine,” meaning the contractor may recover…more

Breach of Contract, Construction Contracts, Contractors, Public Entities, Spearin Doctrine

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Serving as a trustee: What is the job description?

You may have had conversations with family members about whether you would be willing to serve as a trustee of a trust for the children of a family member, particularly in the event that both parents should die while the…more

Beneficiaries, Grantors, Income Taxes, Investment, Personal Liability

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Customs withdraws Notice of Proposed Modification regarding the application of coastwise laws

On May 10, 2017, the U.S. Customs and Border Protection Agency withdrew its notice of proposed modification and revocation of a series of letter rulings relating to its position on the application of the coastwise laws to the…more

Customs and Border Protection, Jones Act, Notification of Withdrawal, NPRM, Oil & Gas

See all updates »

[Event] 4th Annual Labor, Employment & Benefits Breakfast - June 28th, Chicago, IL

Thompson Coburn invites you to its fourth annual Labor, Employment & Benefits Breakfast. Just a few days into summer in Chicago, our human resources attorneys will blaze through a melting pot of sizzling topics highlighting…more

Affordable Care Act, American Health Care Act (AHCA), Business Immigration, Continuing Legal Education, Employee Benefits

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[Webinar] Cloud Computing Series – eDiscovery - October 26th, 12:00p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and eDiscovery…more

Cloud Storage, Continuing Legal Education, Data Privacy, Discovery, Discovery Disputes

See all updates »

[Webinar] Fiduciary Income Tax Refresher and Update - February 7th, 12:00pm CT

In the webinar the presenters will discuss tax-savings tools that can be used between now and March 6 when preparing 2016 returns. The presenters will provide a top-ten list of planning tips to help attendees save income tax…more

Continuing Legal Education, CPAs, Drafting Attorney, Fiduciary Duty, Income Taxes

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Are ‘Gross Up’ provisions gross in commercial leases?

It is common in commercial leases for the tenant to pay a pro-rata share of the operating expenses of a building, in addition to base rent. Operating expenses include expenses incurred by the landlord in operating, repairing and…more

Commercial Leases, Commercial Tenants, Express Contract Terms, Fixed Operating Expenses, Landlords

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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[Webinar] Dealing with Financially Troubled Customers Outside and Inside of Bankruptcy - Sept.16, 12:00pm CDT

This presentation is designed to provide business professionals involved in supplying goods and/or services on credit with the latest and most effective strategies for dealing with customers experiencing financial difficulty…more

Commercial Bankruptcy, Creditors, Debtor-Creditor, Suppliers, Webinars

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CMS revises CJR program, cancels cardiac bundles

On Aug. 15, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule seeking to reduce mandatory participation requirements in the Comprehensive Care for Joint Replacement (CJR) program for hospitals and…more

CCJR, CMS, Comment Period, Episode Payment Models (EPM), Federal Register

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Appellate court upholds creditors’ ability to charge interest on written off accounts

Creditors frequently continue to assess contractual interest on delinquent accounts after the creditors have charged off the accounts and stopped sending periodic account statements to the borrowers. On August 29, 2017, the…more

Appeals, Borrowers, Charge-Off, Creditors, FDCPA

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Cannabis companies: Think twice about ‘Alternative Public Offerings’

As many cannabis industry watchers know, one of the primary challenges still facing cannabis businesses is access to capital, as we have discussed previously on Tracking Cannabis. Heavy regulation in the industry and…more

Australia, Canada, Capital Raising, Controlled Substances Act, Financing

See all updates »

P3s: Managing Risks and Rewards

Overview - Successful P3s—Public-Private Partnerships—can be blessings for state and local governments searching for new ways to finance many types of critical “infrastructure”—roads, schools, prisons, and more—and control…more

Construction Contracts, Cost Allocation, Design-Build, Federal Contractors, Infrastructure

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New Changes to U.S. Design Patent Law

American-based companies seeking protection for industrial designs will soon be encountering significant changes. On May 13, 2015, the United States will become a contracting party to the Geneva Act of the Hague Agreement…more

Design Patent, Hague Agreement, Industrial Design, Patents, WIPO

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California real estate: Change the ownership, increase the tax

In 1978, Proposition 13 was added to the California State Constitution limiting increases in assessed value of real property to help California real property owners, particularly retirees, from suffering drastic increases in…more

Property Tax, Proposition 13, Real Estate Transfers

See all updates »

[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

Patients poised to record doctor's visits?

The question of whether patients should be permitted to record interactions with their doctors, and when and how it is best to do so, has become a highly contentious issue to navigate in today’s increasingly complex medical…more

Health Care Providers, Hospitals, Mobile Devices

See all updates »

[Webinar] Defined Value Clauses; S Corp. Distribution of Property; Traps Donating a Business to Charity - October 31st, 12:00pm CT

In this webinar the presenter will discuss defined value clauses to reduce risk when transferring hard-to-value assets, the consequences of converting from an S corporation to a partnership, and issues to consider when donating…more

Charitable Donations, Continuing Legal Education, Corporate Conversions, Defined Value Gifts, Partnerships

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CMS mandates new Stark Self-Referral Disclosure Protocol form

The Centers for Medicare and Medicaid Services’ (CMS) Self-Referral Disclosure Protocol (SRDP) outlines a process for providers to disclose to CMS potential or actual violations of the Stark law..…more

CMS, Health Care Providers, Hospitals, Physicians, Provider Self-Disclosure Protocol

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Are HR employees ‘investment advisors’ under the DOL’s fiduciary rule?

In April 2016, the Department of Labor promulgated final regulations that fundamentally changed the ERISA fiduciary rules governing advisors to retirement income investors. Though the rule is final, the new provisions affecting…more

401k, Benefit Plan Sponsors, Corporate Counsel, DOL, ERISA

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Trending Wonkology: What is 'Special Counsel'?

Special Counsel - Definition: A person appointed by the U.S. Attorney General, or their designee, in cases where an internal investigation may present a conflict of interest or when it may be in the public interest…more

Attorney Generals, Collusion, Conflicts of Interest, Ethics, Government Investigations

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Refashioning IP Asset Protection Strategies for Biotechnology and BioPharma Clients in View of the New Legal Realities of Subject Matter Eligibility

In the 1970s, the biotechnology industry was in its infancy. Many academic researchers were developing faster, more efficient ways to clone and characterize gene products of interest, and companies arose to provide practical…more

Biopharmaceutical, Biotechnology, Patent-Eligible Subject Matter, Patents, Pharmaceutical Industry

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How to guarantee bad performance from your vendors

A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor. On the other hand, there are some pitfalls will likely or almost…more

Contract Terms, Cyber Insurance, Cybersecurity, Data Breach, Disaster Preparedness

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Update: GMO labeling regs get Trumped

The Trump Administration’s latest executive orders have effectively prevented the USDA from promulgating rules on GMO food labeling. The development will likely throw a wrench in the USDA’s anticipated plans to give more…more

Agricultural Marketing Act, Bioengineering, Executive Orders, Food Labeling, Food Manufacturers

See all updates »

Insurance Holding Company Laws: What providers need to know as they dive into insurance market waters

As providers continue to develop innovative ways to deliver coordinated care while controlling costs, many are looking to develop their own managed care plans or purchase an existing plan as part of these new care models. When…more

Health Care Providers, Insurance Holding Company, Insurance Industry, Managed Care Contracts

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Caveat creditor: Risks of filing an involuntary bankruptcy

When faced with a recalcitrant debtor, clients sometimes move too quickly to put the debtor into an involuntary bankruptcy, especially when fraudulent transfers and other creditor avoidance attempts become apparent. But…more

Appeals, Attorney's Fees, Bad Faith, Bankruptcy Code, Compensatory Damages

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California real estate: Change the ownership, increase the tax

In 1978, Proposition 13 was added to the California State Constitution limiting increases in assessed value of real property to help California real property owners, particularly retirees, from suffering drastic increases in…more

Property Tax, Proposition 13, Real Estate Transfers

See all updates »

Supreme Court overturns the Federal Circuit, granting more flexibility to biosimilar makers

In a unanimous opinion, the United States Supreme Court again reversed the Federal Circuit in Sandoz Inc. v. Amgen Inc., interpreting the meaning of key provisions of the Biologics Price Competition and Innovation Act of 2009…more

Amgen, Biologics, Biosimilars, BPCIA, Commercial Marketing

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

CMS revises CJR program, cancels cardiac bundles

On Aug. 15, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule seeking to reduce mandatory participation requirements in the Comprehensive Care for Joint Replacement (CJR) program for hospitals and…more

CCJR, CMS, Comment Period, Episode Payment Models (EPM), Federal Register

See all updates »

Plaintiffs Use Catalyst Theory to Win Attorneys’ Fees After Ford Class Action Mooted By Recall

On November 2, 2015, a group of plaintiffs won a motion for attorneys’ fees against Ford Motor Company, even though Ford’s voluntary recall of vehicles mooted the plaintiffs’ lawsuit. In MacDonald v. Ford Motor Company, the U.S…more

Attorney's Fees, Automobile Recall, Automotive Industry, CLRA, Ford Motor

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Update: GMO labeling regs get Trumped

The Trump Administration’s latest executive orders have effectively prevented the USDA from promulgating rules on GMO food labeling. The development will likely throw a wrench in the USDA’s anticipated plans to give more…more

Agricultural Marketing Act, Bioengineering, Executive Orders, Food Labeling, Food Manufacturers

See all updates »

Cannabis companies: Think twice about ‘Alternative Public Offerings’

As many cannabis industry watchers know, one of the primary challenges still facing cannabis businesses is access to capital, as we have discussed previously on Tracking Cannabis. Heavy regulation in the industry and…more

Australia, Canada, Capital Raising, Controlled Substances Act, Financing

See all updates »

In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two suits…more

Amazon, Counterfeiting

See all updates »

Mandatory arbitration agreements in long-term care facilities: A thing of the past...or not?

Effective Nov. 28, 2016, the Centers for Medicare & Medicaid Services (CMS) will prohibit the use of pre-dispute arbitration agreements by long-term care facilities. After the effective date of this rule, long-term care…more

Arbitration Agreements, CMS, Long Term Care Facilities, Mandatory Arbitration Clauses

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Will Florida and New York let you change a sweepstakes after it starts?

I recently received an unusual request from the sponsor of a sweepstakes. The sponsor was one month into a three-month entry period stated in their sweepstake’s rules. Now the sponsor wanted to add a few new prizes to increase…more

Contests & Promotions, Penalties, Prizes, Sweepstakes

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Missouri court rules jury waiver applies here, there, and everywhere

What happens when one loan document contains a jury waiver but another doesn’t? For the lender, all may not be lost. That was another important holding from the Missouri Court of Appeals Western District in Midland…more

Jury Trial, Loans, Waivers

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Beware the tail of the dog: 5 tips in dealing with employee benefits in mergers and acquisitions

In the context of the age-old M&A mantra “Don’t let the tail wag the dog,” employee benefits are usually relegated to the role of “tail of the dog.” However, employee benefit matters relating to a merger or acquisition can…more

Acquisition Agreements, Defined Benefit Plans, Employee Benefits, ESOP, Merger Agreements

See all updates »

[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

Customs withdraws Notice of Proposed Modification regarding the application of coastwise laws

On May 10, 2017, the U.S. Customs and Border Protection Agency withdrew its notice of proposed modification and revocation of a series of letter rulings relating to its position on the application of the coastwise laws to the…more

Customs and Border Protection, Jones Act, Notification of Withdrawal, NPRM, Oil & Gas

See all updates »

What you need to know about the new EU-U.S. data transfer pact

In October 2015, the Court of Justice of the European Union (“CJEU”), in its Schems decision, struck down protections afforded by the 2000 CJEU “Safe Harbor Decision.” The Safe Harbor framework had established a system by which…more

CJEU, Data Protection, EU, EU-US Privacy Shield, FTC

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Gainful Employment and the AACS court decision: What it means for schools

On June 28, 2017, the D.C. District Court issued its opinion and order in the matter of the American Association of Cosmetology Schools (“AACS”) v. the U.S. Department of Education. AACS challenged the Department’s Gainful…more

Administrative Procedure Act, Cosmetics, Department of Education, Earnings Reports, Educational Institutions

See all updates »

Private family trust companies authorized under new Missouri law

The new Missouri Family Trust Company Act allows families to establish their own family-owned and -controlled private trust companies, which can hire banks and public trust companies to assist with investment and management…more

Family Trusts, New Legislation, Private Trust Companies, Trustees, Wealth Management

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Private equity’s top ten issues for the next president

Many of the issues on the next President’s plate have unique resonance within the private equity world. Here is our list of the top ten private equity issues that the new President and Congress may tackle in the upcoming year..…more

Accredited Investors, Capital Gains, Capital Raising, Dodd-Frank, Enforcement

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What to do when the government comes calling: A checklist for handling facility inspections

It’s a sunny Friday afternoon and you’re at your desk looking forward to your weekend plans when you get a call from security: Government inspectors are at the front gate and want to perform an inspection of the facility — right…more

Compliance, Government Investigations, Inspections

See all updates »

[Webinar] Seven Things You Should Know About the New Missouri Commercial Receivership Act - June 14th, 12:00pm CT

On May 10, 2016, the Missouri General Assembly passed the Missouri Commercial Receivership Act (the “MCRA”), providing for significant changes to Missouri’s law on receiverships. Assuming that Governor Nixon signs the bill…more

Commercial Bankruptcy, Receivership, Webinars

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Illinois appellate court strengthens sole proximate cause defense in asbestos cases

The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff’s exposures to asbestos from other sources has become a highly contested issue. There is a lengthy latency…more

Appeals, Asbestos, Asbestos Litigation, Evidence, Manufacturers

See all updates »

What to do when the government comes calling: A checklist for handling facility inspections

It’s a sunny Friday afternoon and you’re at your desk looking forward to your weekend plans when you get a call from security: Government inspectors are at the front gate and want to perform an inspection of the facility — right…more

Compliance, Government Investigations, Inspections

See all updates »

5 tips for environmental due diligence in business transactions

Virtually all business transactions involve some level of environmental risk. The key is to identify all of the potential risks and collect sufficient information about them early in the due diligence period of a transaction…more

Acquisitions, Asset Purchaser, Buyers, Contaminated Properties, Contract Terms

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Are you ready for Section 1557’s notice requirements?

This is a reminder that beginning October 16, 2016, Covered Entities (as defined below) are required to comply with certain notice requirements under Section 1557 of the Affordable Care Act (“ACA”). Section 1557 of the ACA…more

Affordable Care Act, Anti-Discrimination Policies, Covered Entities, Health Care Providers, HHS

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

Key considerations for representation and warranty insurance

The allocation of risk through representations and warranties and the accompanying indemnification obligations is a primary source of contention in almost every private merger and acquisition transaction. Buyers aim to negotiate…more

Acquisitions, Competitive Bidding, Deductions, Indemnification, Mergers

See all updates »

Yes, your 18-year-old does need estate planning!

A common misperception is that estate planning is only for the old or the wealthy. Often, estate planning becomes urgent, something done quickly due to an upcoming trip or in response to a health scare. Estate planning, however,…more

Advanced Care Directives, Digital Assets, Durable Power of Attorney, Estate Planning, HIPAA

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What’s the current landscape for CFTC cryptocurrency regulation?

As cryptocurrencies such as Bitcoin enter the mainstream, entrepreneurs are exploring business models that may depend on compliance with regulatory constraints. This short article summarizes the cryptocurrency regulatory…more

Bitcoin, CFTC, Commodities, Commodities Exchange Act, Cryptocurrency

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Has consolidation made egg and poultry industry ripe for the plucking?

Which came first: the chicken or the egg? We may never know the answer to this age-old question. But when it comes to allegations of price-fixing in the poultry and egg industries, at least, the answer appears to be the egg…more

Antitrust Litigation, Food Manufacturers, Price-Fixing, Sherman Act

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Customs withdraws Notice of Proposed Modification regarding the application of coastwise laws

On May 10, 2017, the U.S. Customs and Border Protection Agency withdrew its notice of proposed modification and revocation of a series of letter rulings relating to its position on the application of the coastwise laws to the…more

Customs and Border Protection, Jones Act, Notification of Withdrawal, NPRM, Oil & Gas

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Cybersecurity lapses could cost Title IV eligibility for higher ed

Data security breaches are an unfortunate reality for almost all businesses in today’s information-driven marketplace. From Target, to Home Depot, to Equifax, data breaches are increasingly common and potentially devastating for…more

Colleges, Cybersecurity, Data Breach, Data Security, Department of Education

See all updates »

Doing business in California or the UK? You may be required to be a watchdog for human trafficking

According to the U.S. Department of Health and Human Services, “After drug dealing, trafficking of humans is tied with arms dealing as the second largest criminal industry in the world, and is the fastest growing.” As defined…more

Human Trafficking, Slavery, Supply Chain, Transparency in Supply Chains Act

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

[Webinar] Government Contracts – Government Agency Corrective Actions and How to Deal With Them – April 26th, 12:00pm CST

Government agencies often take corrective action in response to bid protests rather than defend their contract award decision. This webinar will examine why agencies make corrective action decisions, what corrective actions…more

Bid Protests, Continuing Legal Education, Corrective Actions, Procurement Guidelines, Webinars

See all updates »

Escobar case limits False Claims Act liability for providers

Health care providers, as government contractors, must make certain representations of fact when submitting claims for government program reimbursement, such as Medicare. Sometimes through no fault of the contractor, such…more

CMS, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Fraud

See all updates »

[Webinar] Cloud licensing and health care data: Know the risks, learn the solutions - July 27th, 12:00pm CT

As identity theft and malicious attacks against clinical providers increase, more and more health care data is stored in the digital cloud. The health care industry is required to take special precautions when licensing…more

Cloud Computing, Data Privacy, Data Security, FTC, Health Care Providers

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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Voluntary Disclosure Opportunity for Businesses and Individuals Who Access Cloud Computing Services in Chicago or Sell Them to Chicago Users

Earlier this year, the City of Chicago’s Department of Finance issued “Personal Property Lease Transaction Tax Ruling #12 (clarifying Exemption 11),” originally effective as of July 1, 2015, clarifying the City’s position on the…more

City of Chicago, Cloud Computing, Department of Finance, Lease Tax, Nexus

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[Event] 4th Annual Labor, Employment & Benefits Breakfast - June 28th, Chicago, IL

Thompson Coburn invites you to its fourth annual Labor, Employment & Benefits Breakfast. Just a few days into summer in Chicago, our human resources attorneys will blaze through a melting pot of sizzling topics highlighting…more

Affordable Care Act, American Health Care Act (AHCA), Business Immigration, Continuing Legal Education, Employee Benefits

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,…more

Construction Project, Design-Bid-Build, Design-Build, Project Delivery Methods, Public Projects

See all updates »

University patents now immune to inter partes review: Will business come calling?

State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB)…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Portfolios, Patent Trial and Appeal Board

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Newest criminal spoofing case features coordinated spoofing, front running

On Thurs., June 1, the Justice Department entered into a plea agreement with a trader named David Liew, publicly revealing the existence of the third-ever criminal spoofing case, which had been filed under seal on Jan. 3...…more

Criminal Prosecution, DOJ, Fraud, Plea Agreements, Securities Traders

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[Webinar] PURPA Policies Then and Now: The Latest Developments for Electric Utilities - November 14th, 12:00pm CT

The Public Utility Regulatory Policies Act of 1978 (“PURPA”) was enacted in response to the 1970s-era energy crises to promote greater reliance on domestic, renewable energy sources by creating mandatory, “must purchase” rules…more

Continuing Legal Education, Electric Generation Suppliers, FERC, PURPA, Renewable Energy

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Yet another Target settlement highlights data breach costs

In what appears to be the closing act of the saga that is the Target data breach, on May 23 the retailer announced it had reached a settlement agreement with a coalition of 47 states’ attorneys general. Pursuant to the…more

Cyber Insurance, Cybersecurity, Damages, Data Breach, Data Protection

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EPA Regional Counsel and MDNR General Counsel discuss environmental enforcement under new administrations

Speedy decision making, innovation, and thoughtful enforcement — those may be the best ways to describe federal and state environmental oversight by the United States Environmental Protection Agency under new Director Scott…more

Cleanup Doctrine, Contaminated Properties, Department of Natural Resources, Enforcement Guidance, Environmental Policies

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Estate planning during divorce: It’s never too early to start

Estate plans prepared for married couples will vary in complexity and detail but generally follow the same theme: The revocable trust or will typically provides that upon the death of the first spouse, the surviving spouse will…more

Beneficiaries, Beneficiary Designations, Death Benefits, Divorce, Estate Planning

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Ag and drones – What do you need to know?

If you were among the millions who watched the “Big Game,” you likely saw Intel’s brilliant display of synchronized drones during Lady GaGa’s halftime show. While these were purely for entertainment, early adopters of commercial…more

Airspace, Aviation Industry, Commercial Use, Drones, Federal Aviation Administration (FAA)

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Expanded ARO pilot program poised for Chicago City Council approval

Earlier this week, after a four-hour hearing, the Chicago City Council’s Committee on Housing and Real Estate recommended approval of a three-year pilot initiative to expand and modify the City of Chicago’s Affordable…more

Affordable Housing, City Councils, Housing Developers, Housing Market, Local Ordinance

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[Webinar] PURPA Policies Then and Now: The Latest Developments for Electric Utilities - November 14th, 12:00pm CT

The Public Utility Regulatory Policies Act of 1978 (“PURPA”) was enacted in response to the 1970s-era energy crises to promote greater reliance on domestic, renewable energy sources by creating mandatory, “must purchase” rules…more

Continuing Legal Education, Electric Generation Suppliers, FERC, PURPA, Renewable Energy

See all updates »

Key considerations for representation and warranty insurance

The allocation of risk through representations and warranties and the accompanying indemnification obligations is a primary source of contention in almost every private merger and acquisition transaction. Buyers aim to negotiate…more

Acquisitions, Competitive Bidding, Deductions, Indemnification, Mergers

See all updates »

CFTC rule change brings record-keeping relief for commodity dealers and end-users

Aiming to reduce needless regulatory costs on America’s farmers, grain elevators and other commercial end-users of the commodity markets, the U.S. Commodity Futures Trading Commission (CFTC) recently amended a record-keeping…more

Amended Regulation, Broker-Dealer, CFTC, Commodities, End-Users

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Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,…more

Construction Project, Design-Bid-Build, Design-Build, Project Delivery Methods, Public Projects

See all updates »

End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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IRS releases updated safe harbors for management contracts in tax-exempt bond-financed projects

On August 22, 2016, the Internal Revenue Service released Revenue Procedure 2016-44. The purpose of this revenue procedure is to provide revised and broader “safe harbors” under which certain private management contracts will…more

501(c)(3), Compensation, IRS, Management Contracts, Safe Harbors

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D.C. appellate court strikes another nail in the coffin for the Frye test

In a striking decision that has the civil litigation bar abuzz about its implications, the D.C. court that first introduced us to the Frye test has now overturned it in favor of Daubert. What distinguishes the court’s decision…more

Cell Phones, Daubert Standards, Federal Rules of Evidence, Kelly-Frye Test, Motorola

See all updates »

TC's inside IP - Summer 2013: Technology Continues to Test the Boundaries of Copyright Law

Technological advances are stressing the seams of existing copyright law, forcing yet another industry to grapple with the prospect of disruption. At the nexus of this tension is AEREO, Inc. (“Aereo”), a streaming service that…more

Aereo, Cablevision, Copyright, Internet Streaming, Public Performance Rights

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9th Circuit opens door to damages against retailers carrying infringing works

One of the attractions of copyright law is that copyright owners can recover substantial damages (which can go up to $150,000 in cases of willful infringement) without having to prove actual losses. But generally these…more

Copyright, Copyright Infringement, Photographs, Popular, Statutory Damages

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The rising sun of HEA reauthorization

Behind the scenes of the turmoil in Washington this year, congressional staff have been hard at work on the next iteration of the Higher Education Act. At long last, the curtain-raising for HEA reauthorization is expected within…more

Colleges, Debt, Higher Education Act, Legislative Agendas, Legislative Process

See all updates »

Supreme Court overturns the Federal Circuit, granting more flexibility to biosimilar makers

In a unanimous opinion, the United States Supreme Court again reversed the Federal Circuit in Sandoz Inc. v. Amgen Inc., interpreting the meaning of key provisions of the Biologics Price Competition and Innovation Act of 2009…more

Amgen, Biologics, Biosimilars, BPCIA, Commercial Marketing

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USPTO launches new proof of use audit program

The United States Patent and Trademark Office (USPTO) has launched a new program that will require some trademark owners to submit more “specimens” (i.e., proof of use) and information than was required in the past. As a result,…more

Audits, Burden of Proof, Goods or Services, Lanham Act, Trademark Ownership

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Fair use is never simple

To secure evidence for an anticipated lawsuit against TV host Dr. Phil McGraw, a producer for the show, Leah Rothman, recorded nine seconds of the show’s unaired archive footage onto her cellphone…more

Breach of Contract, Confidentiality Agreements, Copyright, Copyright Infringement, Fair Use

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Grant and cooperative-agreement recipients: Are your procurement standards compliant yet?

Local governments, Native American tribes, institutions of higher education, or non-profit organizations (including health care organizations) that receive grants or cooperative agreements (or part of either type of Federal…more

501(c)(3), Code of Federal Regulations (CFR), Colleges, Compliance, Federal Grants

See all updates »

Due diligence checklist for commercial real estate acquisitions

Due diligence is a comprehensive, complex, and critical stage in any commercial real estate acquisition. You don’t want to leave any stone uncovered, and you want the most time available to review all documents and look for any…more

Acquisitions, Commercial Real Estate Market, Due Diligence, Land Sale Contract

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[Webinar] Past Performance Primer - March 2nd, 12:00pm Central Time

In selecting winning vendors, federal, state and local governments have typically looked at past contract performance information as part of their overall evaluation processes. Vendors that have a history of performing well have…more

Bid Protests, CAFC, Competitive Bidding, Continuing Legal Education, Contract Peformance

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Amending claims may be getting easier in post-grant proceedings, at least for now

In a highly fractured case, the full Federal Circuit today in Aqua Products, Inc. v. Matal, No. 2015-1177, found that the burden of persuasion rests on the petitioner to show that proposed claims in an inter partes review…more

Appeals, Burden of Persuasion, Chevron Deference, Claim Amendments, Inter Partes Review (IPR) Proceeding

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[Webinar] Government Contracts – Government Agency Corrective Actions and How to Deal With Them – April 26th, 12:00pm CST

Government agencies often take corrective action in response to bid protests rather than defend their contract award decision. This webinar will examine why agencies make corrective action decisions, what corrective actions…more

Bid Protests, Continuing Legal Education, Corrective Actions, Procurement Guidelines, Webinars

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Unpaid construction work? Stay calm – and make sure every word of your mechanics lien is accurate

Not getting paid infuriates most contractors and material suppliers. Don’t let that anger cause you to make a bad situation worse by overdoing a mechanics lien. By the time a contractor reaches the point of recording a mechanics…more

Attorney's Fees, Construction Contracts, Construction Industry, Mechanics Lien, Pleadings

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OCC’s call for study of separation of banking and commerce: revisited topic with a new twist

According to Acting Comptroller of the Currency Ken Noreika, the time is right to reconsider the U.S. policy of limiting the ability of banking and commercial businesses to mix together…more

Banking Sector, Banks, Community Banks, Comptroller, Financial Institutions

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Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,…more

Construction Project, Design-Bid-Build, Design-Build, Project Delivery Methods, Public Projects

See all updates »

The hidden exposure of tenant estoppels and SNDAs

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are…more

Abatement, Commercial Leases, Contract Amendments, Contract Renewal, Contract Termination

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Participants who roll their pension benefits into IRAs do not ‘receive’ them

Metropolitan Life lost a case in the 5th Circuit on July 18, 2017, that probably surprised MetLife and may surprise you. The case is Thomason v. Metro. Life Ins. Co., 2017 WL 3049528 (5th Cir. July 18, 2017), and you may want to…more

Disability Benefits, Disability Insurance, Insurance Industry, IRA, MetLife

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D.C. appellate court strikes another nail in the coffin for the Frye test

In a striking decision that has the civil litigation bar abuzz about its implications, the D.C. court that first introduced us to the Frye test has now overturned it in favor of Daubert. What distinguishes the court’s decision…more

Cell Phones, Daubert Standards, Federal Rules of Evidence, Kelly-Frye Test, Motorola

See all updates »

Trademark Office warns about deceptive trademark-related solicitations

The recent focus on fake news should remind trademark owners of the special care they need to take with communications about their trademark applications…more

Trademark Application, Trademark Ownership, Trademarks, USPTO

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

Top three trends in venture debt for 2017

As the bank regulatory environment continues to tighten, and the private credit markets expand, venture debt remains a go-to source of working capital for venture-backed growth stage companies. While the terms, players and…more

Debt Financing, Lenders, Venture Capital

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

EEOC Decision: Title VII Protects Employees' Sexual Orientation

The EEOC’s Decision - On July 18, 2015, the Equal Employment Opportunity Commission (EEOC) decided that Title VII’s prohibition on sex discrimination extends to discrimination based on an individual’s sexual orientation…more

Diversity and Inclusion Standards (D&I), EEOC, Employee Rights, Gender Discrimination, Gender-Based Pay Discrimination

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Key issues in negotiating financeable ground leases

Ground leases are generally long-term leases of property entered into between a property owner and tenant where the tenant leases land and subsequently constructs a building or other improvements on that land. Since ground…more

Commercial Leases, Foreclosure, Ground Leases, Leases, Property Owners

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Debate growing over preemption of state claims over organic produce labeling

Recently, the Eastern District of New York held that the Organic Foods Production Act of 1990 (7 U.S.C §§ 6501–6522) preempts various state claims that Abbott Laboratories, Inc. falsely labeled its Similac® Advance® Organic…more

Aurora, CA Supreme Court, Food Labeling, Food Manufacturers, Organic

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Escobar case limits False Claims Act liability for providers

Health care providers, as government contractors, must make certain representations of fact when submitting claims for government program reimbursement, such as Medicare. Sometimes through no fault of the contractor, such…more

CMS, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Fraud

See all updates »

What’s the current landscape for CFTC cryptocurrency regulation?

As cryptocurrencies such as Bitcoin enter the mainstream, entrepreneurs are exploring business models that may depend on compliance with regulatory constraints. This short article summarizes the cryptocurrency regulatory…more

Bitcoin, CFTC, Commodities, Commodities Exchange Act, Cryptocurrency

See all updates »

[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

See all updates »

U.K. now requires supply chain transparency on human trafficking risks

In Part I of our two-part series, we discussed the worldwide issue of modern-day slavery and the California response. In this second part, we discuss the latest response in the United Kingdom. The United Kingdom Modern…more

Human Trafficking, Modern Slavery Act, New Legislation, Section 54, Slavery

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SCOTUS clarifies damages analysis for design patents, reversing landmark damage award

In another rebuke of the Federal Circuit, the Supreme Court reversed an appellate decision that upheld an award of almost $400 million resulting from Samsung’s alleged infringement of three design patents covering aspects of…more

Apple v Samsung, Damages, Design Patent, Manufacturers, Patent Infringement

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I will survive: Help your reps and warranties endure with a smart survival clause

The desire to protect oneself is human nature. Nowhere is that more obvious than when drafting complex commercial real estate deals, where parties often have conflicting goals regarding liability…more

Breach of Contract, Buyers, Cause of Action Accrual, Real Estate Market, Representations and Warranties

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Will big beverage, Canadian legislation tilt U.S. closer to federal legalization?

On Oct. 30, 2017, Constellation Brands, a global Fortune 500 producer and marketer of beer, wine and spirits, announced a collaboration with Canopy Growth, a provider of medical cannabis products. The collaboration is intended…more

Beer, Beverage Manufacturers, Canada, Collaboration, Decriminalization of Marijuana

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Class action defendants benefit from Spokeo’s ruling on standing

On May 16, the U.S. Supreme Court decided Spokeo Inc. v. Robins, in which it ruled that the Ninth Circuit incorrectly applied the Article III standing inquiry to a named plaintiff in a putative class action seeking damages for…more

Article III, Background Checks, FCRA, Injury-in-Fact, Putative Class Actions

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Protection against DOJ interference with state medical cannabis programs extended until Dec. 8

A bipartisan short-term funding deal signed into law by President Donald Trump on Sept. 8 extended the Rohrabacher-Blumenauer Amendment protections for lawful medical cannabis programs that allow producers, retailers and…more

Decriminalization of Marijuana, DOJ, Federal v State Law Application, Marijuana Related Businesses, Medical Marijuana

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Clinical trials Part II: Privacy, cybersecurity risks, and managing ePHI

The ongoing digitization of the drug and medical device industries continues, and, as a result, new considerations have come to the forefront for companies engaged in clinical trials. In Part 1 of this series, we described a new…more

Breach Notification Rule, Business Associates, Clinical Trials, Covered Entities, Cybersecurity

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UPDATE: Cannabis, pain reduction, and opioid abstinence

On March 9, 2016, we reported on a new study finding an association between cannabis treatment for chronic pain and reductions in opioid consumption. Since that report, the Centers for Disease Control and Prevention have…more

Drug & Alcohol Abuse, Drug Testing, Medical Marijuana, Pain Management, Physicians

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Missouri Passes Data Center Incentive Legislation

Missouri recently joined the growing number of states that have created incentives for the construction or expansion of data center facilities. The new law, signed on April 9, 2015, provides exemptions from various state and…more

Data Centers, Economic Development, Job Creation, New Legislation, Sales & Use Tax

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Grant and cooperative-agreement recipients: Are your procurement standards compliant yet?

Local governments, Native American tribes, institutions of higher education, or non-profit organizations (including health care organizations) that receive grants or cooperative agreements (or part of either type of Federal…more

501(c)(3), Code of Federal Regulations (CFR), Colleges, Compliance, Federal Grants

See all updates »

[Webinar] Ethics and Cybersecurity - June 29th, 12pm CDT

With recent headlines about successful attacks on corporate computer systems, safeguarding client electronic information is an issue that all attorneys must address. This presentation will discuss the ethical rules that require…more

Compliance, Cybersecurity, Electronic Communications, Electronically Stored Information, Ethics

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‘Gotcha’ copyright claims can prompt ‘gotcha’ ownership defenses

Copyright law is full of technicalities, which claimants love to exploit. But defendants can exploit technicalities, too. As copyright owners more aggressively assert their claims, defendants are taking closer looks at all…more

Copyright, Copyright Infringement, Copyright Ownership, Intellectual Property Protection, Summary Judgment

See all updates »

The rising sun of HEA reauthorization

Behind the scenes of the turmoil in Washington this year, congressional staff have been hard at work on the next iteration of the Higher Education Act. At long last, the curtain-raising for HEA reauthorization is expected within…more

Colleges, Debt, Higher Education Act, Legislative Agendas, Legislative Process

See all updates »

Hold who harmless? Be careful in drafting indemnity provisions

In another example that there is no “boilerplate” in commercial real estate documents, the California Court of Appeal recently held that an indemnity provision not only covered claims by third parties, but it also covered direct…more

Boilerplate Language, Contaminated Properties, Contract Drafting, Environmental Remediation Costs, Indemnification Clauses

See all updates »

Waiting to Exhale: Cannabis industry breathes sigh of relief over extension of Rohrabacher-Farr Amendment

With the recent signing of the Consolidated Appropriations Act of 2016 (H.R. 2029), President Obama extended a provision through September 2016 that restricts the federal government from interfering with states’ rights to enact…more

Consolidated Appropriations Act, Controlled Substances Act, DOJ, Marijuana Related Businesses, Medical Marijuana

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A victory for attorney-client confidentiality: DOL takes formal steps to rescind controversial persuader regulation

In March 2016, the DOL issued a new regulation that greatly expanded the obligations of employers and their attorneys to publicly file sensitive information regarding so-called “persuader activity.” Under the regulation,…more

Attorney-Client Privilege, Confidential Information, DOL, Persuader Rules, Rescission

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Why health care entities should pay attention to the Federal Priority Act

The Federal Priority Act (FPA) is a little-known statute that dates back centuries, and has increasingly been used by the federal government to recover significant sums from all types of insolvent businesses and…more

Commercial Bankruptcy, Federal Priority Act, Health Care Providers, Insolvency, Personal Liability

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Cybersecurity lapses could cost Title IV eligibility for higher ed

Data security breaches are an unfortunate reality for almost all businesses in today’s information-driven marketplace. From Target, to Home Depot, to Equifax, data breaches are increasingly common and potentially devastating for…more

Colleges, Cybersecurity, Data Breach, Data Security, Department of Education

See all updates »

How to protect your family-owned business from your child’s spouse

For most people, a child’s wedding is one of those great life moments that is filled with months of planning and excitement. However, for people who own a family-owned business, the old myth that 50 percent of marriages end in…more

Community Property, Estate Planning, Family Businesses, Marital Settlement Agreements, Prenuptial Agreements

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Summary and implications of proposed 'Counteracting Russian Hostilities Act of 2017'

On January 10, 2017, a bipartisan group of senators released proposed sanctions legislation targeting Russia, entitled the “Counteracting Russian Hostilities Act of 2017” (the “Bill”). If enacted, the Bill would require the…more

Cybersecurity, Defense Sector, Executive Orders, Infrastructure, Intelligence Services

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U.S. Citizenship and Immigration Services Revises Employment Eligibility Verification Form I-9

U.S. Citizenship and Immigration Services (“USCIS”) has released a revised Form I-9, which all employers must use to verify the identity and employment eligibility of new hires. Employers should begin using the new Form I-9…more

Eligibility, Hiring & Firing, I-9, USCIS

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Client alert: New law may significantly impact international trade

The President signed into law the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) on August 2, 2017, which could have a significant impact on international trade. CAATSA targets three countries with new…more

Anti-Corruption, Anti-Terrorism Financing, Arms Embargo, Congressional Override, Cyber Sanctions

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

See all updates »

New OSHA Reporting and Anti-Retaliation Rules

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) finalized a rule which will expand employer requirements to record and submit records of workplace injuries and illnesses. The final rule also contains…more

Anti-Retaliation Provisions, DOL, OSHA, Posting Requirements, Recordkeeping Requirements

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[Webinar] PURPA Policies Then and Now: The Latest Developments for Electric Utilities - November 14th, 12:00pm CT

The Public Utility Regulatory Policies Act of 1978 (“PURPA”) was enacted in response to the 1970s-era energy crises to promote greater reliance on domestic, renewable energy sources by creating mandatory, “must purchase” rules…more

Continuing Legal Education, Electric Generation Suppliers, FERC, PURPA, Renewable Energy

See all updates »

Downstream drama: Iowa utility can’t recover damages from county drainage districts

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water…more

Appeals, Article III, Clean Water Act, Damages, Discharge of Pollutants

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Cannabis at work: An update for employers

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees. Recent California legislation provides employers with the right to do…more

CA Supreme Court, Compassionate Use Act, Disability Discrimination, Drug Testing, Drug-Free Workplace Act

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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DACA: Next steps for institutions of higher education

In 2012, then-President Obama established with the Department of Homeland Security (“DHS”) the Deferred Action for Childhood Arrivals (“DACA”) Program. The DACA Program is an exercise of prosecutorial discretion by the federal…more

Colleges, DACA, Deportation, DHS, Legislative Agendas

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[Webinar] Cloud Computing 101- How It Works, What Are Its Risks and What Are Its Rewards - Oct. 14th, 12:00pm CDT

Are you using the Cloud? Are you thinking about using the Cloud? Are you confused by why you should care about the Cloud or what the Cloud has to offer? Are you concerned there are issues with using the Cloud that you're not…more

Cloud Computing, Cybersecurity, Data Breach, Data Protection, Popular

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Client alert: New law may significantly impact international trade

The President signed into law the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) on August 2, 2017, which could have a significant impact on international trade. CAATSA targets three countries with new…more

Anti-Corruption, Anti-Terrorism Financing, Arms Embargo, Congressional Override, Cyber Sanctions

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Protection against DOJ interference with state medical cannabis programs extended until Dec. 8

A bipartisan short-term funding deal signed into law by President Donald Trump on Sept. 8 extended the Rohrabacher-Blumenauer Amendment protections for lawful medical cannabis programs that allow producers, retailers and…more

Decriminalization of Marijuana, DOJ, Federal v State Law Application, Marijuana Related Businesses, Medical Marijuana

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New Department of Education guidance for Title IX coordinators deserves a look

As we’ve previously noted here at REGucation, the U.S. Department of Education’s Office of Civil Rights (OCR) has been busy in recent months issuing a wide range of guidance through both administrative action and formal…more

Department of Education, Educational Institutions, New Guidance, OCR, Title IX

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EPA Regional Counsel and MDNR General Counsel discuss environmental enforcement under new administrations

Speedy decision making, innovation, and thoughtful enforcement — those may be the best ways to describe federal and state environmental oversight by the United States Environmental Protection Agency under new Director Scott…more

Cleanup Doctrine, Contaminated Properties, Department of Natural Resources, Enforcement Guidance, Environmental Policies

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Landlords and tenants: To Airbnb or not Airbnb, that is the question

If you own or occupy residential real property, a question may come to mind. As Shakespeare might have put it, “To BNB or not BNB, that is the question.”…more

AirBnB, Eviction, Landlords, Occupancy Tax, Rent Control

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[Event] 4th Annual Labor, Employment & Benefits Breakfast - June 28th, Chicago, IL

Thompson Coburn invites you to its fourth annual Labor, Employment & Benefits Breakfast. Just a few days into summer in Chicago, our human resources attorneys will blaze through a melting pot of sizzling topics highlighting…more

Affordable Care Act, American Health Care Act (AHCA), Business Immigration, Continuing Legal Education, Employee Benefits

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Slack-fill lawsuits filling up state court dockets

The uptick in “slack-fill” litigation that we have previously covered in this blog shows no signs of abating — and a spate of recent filings in Missouri state court show that the trend may be expanding…more

CAFA, FDCA, Product Packaging, Slack-Fill Suits

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EPA Regional Counsel and MDNR General Counsel discuss environmental enforcement under new administrations

Speedy decision making, innovation, and thoughtful enforcement — those may be the best ways to describe federal and state environmental oversight by the United States Environmental Protection Agency under new Director Scott…more

Cleanup Doctrine, Contaminated Properties, Department of Natural Resources, Enforcement Guidance, Environmental Policies

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[Webinar] Making the Most of Your Debriefing - February 16th, 12:00pm CT

The role of a debriefing in the Government contracts process is often misunderstood. This Thompson Coburn webinar will examine the entire debriefing process, explain why agencies do what they do, and provide an understanding of…more

Bid Protests, Continuing Legal Education, Debriefing, Federal Contractors, Webinars

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Private capital update: Plenty of dry powder, but few targets of opportunity

If there were a few overarching themes of the first quarter of 2017 in the private capital community, they would be the following: The fundraising environment remains robust, but capital continues to flow disproportionately…more

Capital Raising, Foreign Investment, Fund Sponsors, Global Market, Infrastructure Financing

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Private family trust companies authorized under new Missouri law

The new Missouri Family Trust Company Act allows families to establish their own family-owned and -controlled private trust companies, which can hire banks and public trust companies to assist with investment and management…more

Family Trusts, New Legislation, Private Trust Companies, Trustees, Wealth Management

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Developers take advantage of low income housing development tax credits, but recent Third Circuit decision stirs controversy

Developers of multi-family apartment complexes geared to low- to moderate-income tenants are increasingly taking advantage of federal low-income housing tax credits (LIHTC) and, where available, their state counterparts, to…more

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Illinois appellate court strengthens sole proximate cause defense in asbestos cases

The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff’s exposures to asbestos from other sources has become a highly contested issue. There is a lengthy latency…more

Appeals, Asbestos, Asbestos Litigation, Evidence, Manufacturers

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Bipartisan bills bolster cybersecurity protections for small business

Cybersecurity is not just a concern for very large companies but instead should be on the radar of all companies. While the breaches experienced by Target, The Home Depot, or even Equifax may garner much of the press, small…more

Cybersecurity, New Legislation, NIST, Risk Mitigation, Small Business

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Four hot mid-year topics in California employment law

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes effective…more

Criminal Background Checks, DFEH, Employer Liability Issues, Employment Policies, Gender Discrimination

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Trademark Office warns about deceptive trademark-related solicitations

The recent focus on fake news should remind trademark owners of the special care they need to take with communications about their trademark applications…more

Trademark Application, Trademark Ownership, Trademarks, USPTO

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New Mexico comes late to data breach party, requires promptness

Thirteen years after the first state data breach notification law was enacted, New Mexico has finally decided to join the other 47 states with such laws, sending HB15 in mid-March to Gov. Susana Martinez for signature..…more

Credit Reports, Cybersecurity, Data Breach, Pending Legislation, Personally Identifiable Information

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

AMP v Myriad, CLS Bank v Alice Corp, Guidance Update, Mayo v. Prometheus, Patent-Eligible Subject Matter

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House passes bill to clamp down on class actions

The U.S. House of Representatives passed H.R. 985, the “Fairness in Class Action Litigation Act,” on March 9, 2017. The bill would add eight new sections to the “Consumer Class Action Bill of Rights,” enacted as part of the…more

Appeals, Ascertainable Class, Attorney's Fees, CAFA, Class Action

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Six years after Penn State, has college athletics really reformed its crisis response?

In 2011, the world of higher education — and the entire nation — was rocked by the shocking revelation of the criminal actions of longtime Penn State defensive coordinator Jerry Sandusky. Equally shocking was the reaction (and…more

College Athletes, Colleges, Crisis Management, Penn State, Reputation Management

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Amendments to Chapter 12 make it easier for a family farmer to reorganize

In a rare bipartisan moment, Congress overwhelmingly passed and the President signed into law on October 25 the Family Farmer Bankruptcy Clarification Act of 2017. This legislation makes it easier for family farmers to…more

Agricultural Sector, Bankruptcy Reform, Bipartisan Agreement, Chapter 11, Chapter 12

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In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two suits…more

Amazon, Counterfeiting

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IRS issues new rules for 'closed' defined benefit plans

At the end of January, the Internal Revenue Service issued new proposed regulations for so-called “closed” or “frozen” defined benefit plans. The purpose of these regulations is to help plan sponsors satisfy the…more

Benefit Plan Sponsors, Defined Benefit Plans, Grandfathered Status, Internal Revenue Code (IRC), IRS

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Analysis of sugar industry documents may impact litigation

Litigation targeting products that contain added sugar is on the rise, and plaintiffs’ attorneys are expanding their playbook. In a recent class action against cereal producer General Mills, Inc., in the Northern District of…more

Manufacturers, RICO, Tobacco

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New Prop 65 warning rules impose additional burdens on California businesses

The California Office of Environmental Health Hazard Assessment (OEHHA), the lead Proposition 65 enforcement agency, recently adopted new Prop 65 regulations. (Title 27, California Code of Federal Regulations, Article 6). The…more

Amended Regulation, Civil Monetary Penalty, Enforcement Actions, Manufacturers, OEHHA

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A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers…more

HUD, Landlord and Tenant Acts, Landlords, Security Deposits, Tenants

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Is your promotion discriminatory in California?

It might not occur to you to think about civil rights act compliance when planning an in-store or retail promotion – but that’s just what the state of California requires. The Unruh Civil Rights Act is a California statute that…more

Contests & Promotions, Discounts, Discrimination, Marketing, Retailers

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

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[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect with…more

ADA, Business Immigration, Continuing Legal Education, Employee Benefits, Employee Handbooks

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Cannabis companies: Think twice about ‘Alternative Public Offerings’

As many cannabis industry watchers know, one of the primary challenges still facing cannabis businesses is access to capital, as we have discussed previously on Tracking Cannabis. Heavy regulation in the industry and…more

Australia, Canada, Capital Raising, Controlled Substances Act, Financing

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New Fed Circuit decision bolsters on-sale bar

Patent litigators will tell you that there are many ways to invalidate a patent. One of their favorites is a self-inflicted ground of invalidity known as the “on-sale bar.” Under patent law, if you sell (or offer to sell) your…more

America Invents Act, Appeals, On-Sale Bar, Patent Applications, Patents

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