November 25, 2015

November 25, 2015

November 24, 2015

November 23, 2015


FDA Seeks Input on Uses of “Natural” in Food and Beverage Labeling
Earlier this month, the U.S. Food and Drug Administration (FDA) invited public comments on uses of the term “natural” in food and... Read More >
Instances of deplorable racism have sparked recent protests on the University of Missouri’s campus. Not surprisingly, these protests have... Read More >
U.S. Passport Book Changes
On Nov. 20, 2015, the U.S. Department of State (DOS) issued a final rule on the elimination of the visa page insert service within U.S. Passports.... Read More >
Forward to The Past: NYSE Returns to Regulation
Everything old is new again.  On January 1, 2016, the New York Stock Exchange (“NYSE”) – now owned by Intercontinental... Read More >
Office of Special Counsel Settlement Re: Immigrant Discrimination
Recently, the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (‘OSC’) entered... Read More >
It’s (Not) Academic: Cybersecurity Is a Must for Universities and Academic Medical Centers
Cutting-edge research institutions need cutting-edge cybersecurity to protect their IP and critical personal and financial data.  Universities... Read More >
2015 Year-End Estate Planning Advisory
In 2015, we continued to experience a period of relative stability in our federal transfer tax system and have been able to plan without expecting... Read More >
Payers Embracing Telemedicine Cost Savings, Ramping up Reimbursement in 2016
Often considered the primary obstacle to telemedicine implementation, reimbursement changes are now better viewed as one of the most prominent... Read More >
form i-9 employment eligibilty
It depends. Often during an inspection visit, Immigration and Customs Enforcement (ICE) will... Read More >
Thanksgiving Treat: Executive Branch Gift Rules in for Rewrite
As the nation looks forward to giving thanks with family and friends, the Office of Government... Read More >
New Private Funds Report Reviews 2015 and Looks Ahead to 2016
Proskauer has released the 2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and... Read More >
Another Gambling Class Action Fails – Court Finds Social Casino Games Not Gambling
A Federal Court in Washington state dismissed a Plaintiff’s class action claims that social casino... Read More >
60 Day Comment Period Announced: Proposed Changes to Form I-9
On November 24, 2015, USCIS published a notice in the Federal Register [80 FR 73200] of proposed... Read More >

Federal Court News


Congress returns from the Thanksgiving recess early next week to a full schedule starring the six-year reauthorization of federal highway programs, which...

nlrb national labor relations board

The Summary of NLRB decisions for the week of November 16 – 20, 2015, is now available.

Summarized Board Decisions

Alcoa, Inc...

Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM).  Since the last report, no new requests for ex partereexamination at the USPTO have been posted.  ...

Acxiom Corp. v. Phoenix Licensing: Institution Denied Where Customer Indemnification Insufficient to Establish Standing as Real Party in Interest CBM2015-00134

Takeaway:  Indemnifying customer for alleged patent infringement, without sufficient substantiation, does not make an entity a real party in interest for a transitional proceeding with respect to a covered business method...

Apple v. Smartflash: Granting Institution in Part Where Intervening Case Law Was Found Insufficient to Prevent Estoppel as to One Challenged Claim CBM2015-00131

Takeaway:  A petitioner may be estopped from challenging a claim that was raised or reasonably could have been raised in a previous post-grant review, even in the face of intervening case law.


State Court News

New Year, New Laws: Expanding California’s Fair Employment and Housing Act

Effective as of Jan. 1, 2016, an employee’s request for an accommodation for a disability or for religious reasons will be considered to be “protected activity” for a retaliation claim under the Fair Employment and Housing Act...

Gross Negligence for Georgia ER Negligence Cases

In Georgia, by statute, a plaintiff must prove gross negligence, rather than just ordinary negligence, in order to prevail in a medical malpractice case alleging negligence in a hospital Emergency Room. Gross negligence is a...

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The ...


Canada Sets Deadline for Electronic Filing-Only of DMFS

Health Canada announced that by March 31, 2016, all existing Drug Master Files (DMFs) in paper format must be replaced by electronic copies. In a Guidance Document: ...

UK Local Government Pension Scheme – End of an Era

The UK government has announced today probably the longest awaited policy change in the LGPS investment world, with a proposal to remove the limits on asset allocation that have been in place since the 1980s.  The ...

The U.S.-China Relationship - Should We “Hack Back?”

Last week, the U.S.-China Economic and Security Review Commission released its annual report to Congress. One big take-away from the economic perspective of the report is the Commission’s recommendation that Congress take steps...