October 24, 2016

October 24, 2016


businessperson with cell phone, iot, wage and hour lawsuits
Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet... Read More >
Food Labeling, GMO Labeling Law Update: USDA Appears to Drop Consumer Use Study
Responding to industry complaints, USDA appears to have dropped GMO consumer use study. As previously discussed on this blog, on July... Read More >
Tax, Controversial Debt-Equity Regulations Finalized With Limited Fixes, Concessions and Reservations by Government
On October 13, 2016, Treasury and the IRS issued important new final and temporary regulations (the “Regulations”) under section 385 of... Read More >
Chemistry, Science
On October 18, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has opened nominations for the 2017 Presidential Green... Read More >
environment, energy
The litigation over EPA’s Carbon Pollution Emission Guidelines for Existing Electric Generating Units (Carbon ESPS) continues to take... Read More >
Airport, Travel, EB-5 Visa
On Oct. 14, 2016, the U.S. Chamber of Commerce, the EB-5 Investment Coalition, and the Real Estate Roundtable hosted a briefing on the EB-5... Read More >
chicken, FDA, USDA, food producing animals
The International Poultry Council has pledged to tackle antibiotic resistance in food producing animals. As previously covered on this... Read More >
World Trade Organization, Gears, russian imports
On 12 August, a WTO dispute settlement panel confirmed that Russian import duties on paper, refrigerators and palm oil violate WTO rules... Read More >
businessman hero, company insurance, in-house counsel
Many in-house attorneys and risk managers follow the same ritual each year when renewing their... Read More >
doctor holding ACA tablet, section 1557
Earlier this year the U.S. Department of Health and Human Services (“HHS”) finalized regulations... Read More >
2016 Rulemaking
Despite the waning days of the administration, EPA continues to promulgate significant regulations... Read More >
sockets, energy supply
Earlier this year, we alerted you to a January 8, 2016 Revised Initial Decision by an... Read More >
Cloud, Air quality
EPA has issued a final supplemental appropriate and necessary finding for regulating emissions of... Read More >

Federal Court News

NLRB, Smaller Bonuses for Union Employees Not Discriminatory or Inherently Destructive, But Failure to Give Notice Leads Unilateral Change Liability

An Oct. 11, decision by an NLRB Administrative Law Judge (ALJ) reinforces several important lessons employers should heed when employing union and non-union workers. In Viejas Band of Komeyaay Indians...

Technology, post Grant Review, PTO Litigation Center Report

Listed below are all new filings before PTAB of requests for inter partes review (IPR), covered business methods review (CBM), and post grant review (PGR).  Also listed are any newly-posted...

Computer, Seventh Circuit Rejects FCA Retaliation Claim

On October 11, 2016, a three-judge panel of the Seventh Circuit Court of Appeals issued a ruling in United States ex rel. Uhlig v. Fluor Corp., affirming summary judgment against the relator in...

Intellectual Property, Federal Circuit Clarifies When Claim Scope is Disavowed

The claims of an issued patent describe the metes-and-bounds of the invention. However, that depends on the court’s interpretation, i.e., construction, of the claimed terms. Statements made by an inventor in her...

State Court News

casino tokens, nevada, amoe

You own a casino. You have a license for gambling. You want to run a promotional sweepstakes tied to your member/loyalty cards. Consumers enter the drawing each time they use their member/loyalty card to gamble or to buy goods...


In August 2016, the Massachusetts Department of Environmental Protection (MassDEP) proposed several changes to its air regulations as part of its efforts to streamline regulations and reduce unnecessary regulatory burdens under...

Rainwater, Run-off

In July 2017, the General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts, known as the ...


Environment, Biofrontiers Platform Releases Policy Recommendations For EU’S 2030 Climate Goals

On October 11, 2016, the Biofrontiers platform, a group of industry and civil society stakeholders brought together by the European...

Competition Authority, Russia, Kenya, South Africa

Earlier this month, South Africa reached agreements with Russia and Kenya to cooperate on enforcing competition law. At the Annual Competition Law, Economics and Policy Conference in Cape Town, South Africa’s Competition...

iran flag, european union, sanctions

The Office of Financial Sanctions Implementation has removed three Iranian companies from its list of sanctions targets listed on the EU’s anti-nuclear sanctions on Iran. The following companies have had their listings annulled...