August 3, 2015

Advertisement

August 03, 2015

July 31, 2015

FEATURED ARTICLES

This Week in Congress — August 3, 2015
With the House of Representatives having started its August recess last week, the Senate is the only game in town this week, as its members look to... Read More >
Fact Sheet: President Obama to Announce Historic Carbon Pollution Standards for
The Clean Power Plan is a Landmark Action to Protect Public Health, Reduce Energy Bills for Households and Businesses, Create American Jobs, and... Read More >
Inventorship, Ownership Issues Cause Dismissal of Suit
On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc.... Read More >
Part Three: Tips and Considerations (#11 – 15) before Opening a Fitness Studio o
This article is the third in a three part series on tips and considerations before opening a fitness studio or gym.  For the first article (Tips... Read More >
Insights on Recent Developments re: Cybersecurity
LESSONS LEARNED FOR BUSINESS FROM THE OFFICE OF PERSONNEL MANAGEMENT SECURITY BREACH On July 9, 2015, the Office of Personnel Management (OPM)... Read More >
Congratulations on the Birth of Your New Tax Exemption! (Tax Breaks for New Pare
Planning for a new baby is a constant stream of decisions and questions concerning diapers, cribs, colors, daycare and more, all in the service of... Read More >
Tax Court Overturns Important Transfer Pricing Regulations
On July 27, 2015, the U.S. Tax Court issued a stunning rebuke to the IRS by invalidating the part of the Internal Revenue Services’ (IRS) cost-... Read More >
NFL vs. Brady: NFL Wins Initial Venue Battle
Round One of Deflategate has concluded…it’s now time for Round Two. The initial battle over judicial forums between the National... Read More >
OSHA Attempts to Overturn AKM-Volks Decision through Proposed Rule
In 2012, the U.S. Court of Appeals for the District of Columbia held that OSHA could not issue... Read More >
mortgage, real estate transactions, home loans, funding home purchase
In the aftermath of September 11, 2001, many U.S. industries faced an unfamiliar business landscape... Read More >
cellphone, telephone, texting, text message alerts, TCPA, telemarketing
The question seems simple: For purposes of the TCPA, who can be liable for making the call at issue... Read More >
Employer Alert: Proposed Regs Allow More Employees To Be Eligible For Overtime
On July 6, 2015, the Department of Labor (“DOL”) proposed new regulations that would... Read More >
New Department of Justice Counsel to Focus on Corporate Compliance
The decision highlights the US government’s focus on effective compliance programs. The US... Read More >

Federal Court News

New IRS Guidance on 40% Excise Tax Previews Future Regulatory Complexity

Although public opposition to the 40% excise tax on high-cost health care is rapidly growing, the IRS continued to develop a regulatory framework for administration of the excise tax through its issuance of...

No En Banc Review of Panel Decision Vacating a Civil Contempt Remedy

Addressing the issue of contempt for violation of a non-final injunction, a divided U.S. Court of Appeals for the Federal Circuit declined to rehear en banc a panel decision that vacated a civil contempt...

Federal Circuit Throws Out a Willful Infringement Verdict Due to Lack

Alps South, LLC v. The Ohio Willow Wood Co.

Addressing the issue of standing, the U.S. Court of Appeals for the Federal Circuit vacated a jury verdict of willful infringement, finding that plaintiff did not...

NLRB ALJ Follows Invalidated NLRB Decision on Bargaining about Discipline

Although the National Labor Relations Board’s 2012 decision in Alan Ritchey, Inc., 359 NLRB No. 40 was invalidated by the United Supreme Court in Noel Canning v. NLRB (2014)because of improper Board recess...

Speedtrack Inc. v. Office Depot, Inc.: Empowering Customers to Sell an Exonerate

In a decision that expands a customer’s right to defend itself under the Kessler doctrine, the Federal Circuit clarified that a customer is not subject to liability for a product that has already been...

In Seeking Patent Review, Timing Matters: GTNX v. INTTRA

Clarifying the “final written decision” rule in covered business method (CBM) reviews, the U.S. Court of Appeals for the Federal Circuit explained that the Patent Trial and Appeal Board’s (PTAB or...

State Court News

West Virginia AG Clears Merger Creating Second Largest Hospital Chain in the Sta

The federal antitrust enforcement agencies have trumpeted their preferences for structural, as opposed to conduct, remedies as the solution to potentially anticompetitive mergers.[1] In contrast, State Attorneys...

CalPERS And Pay For Performance

A few weeks ago, CalPERS’ Director of Corporate Governance, Anne Simpson, sent a letter to the Securities and Exchange Commission in support of the...

INTERNATIONAL LAW NEWS

Retention of Title Agreements as a Creditor Protection Against Insolvent German
by: Andreas Lehmann of Squire Patton Boggs (US) LLP

Previous posts have explained some aspects of the ROT concept in Germany (Part 3). Now...

medical lab, health products, biological medicine, drug, prescriptions, chemical
by: Lisa L. Mueller of Michael Best & Friedrich LLP

In Mexico, there is no specific body of legislation governing data protection exclusivity (DPE), also known as regulatory exclusivity, for chemical drugs, biological medical products and new indications. The authority...

UK Government Consults on Tax Treatment of Severance Payments
by: David Whincup of Squire Patton Boggs (US) LLP

I know that over the years we have said some pretty harsh things in this blog about assorted government proposals and consultation exercises, but I take it all back.   There is a new kid in town, the HM Treasury/HMRC consultation...