May 25, 2017

May 24, 2017

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May 23, 2017

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May 22, 2017

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Target, Data Breach
It seems as though we have been writing about this case for a lifetime.  Target Corporation’s data breach saga came one step... Read More >
Trump, First Impressions of President's Proposed FY18 Budget for Labor and Employment Agencies
On May 23, 2017, President Trump released his Fiscal Year 2018 (FY2018) budget proposal—a more detailed and developed version (it’s... Read More >
Whistleblower, CFTC Strengthens Anti-Retaliation Protections for Whistleblowers and Improves CFTC Whistleblower Award Program
On May 22, 2017, the Commodity Futures Trading Commission (CFTC) unanimously approved amendments to its whistleblower rules that strengthen... Read More >
nafta bands, congress, donald trump
New U.S. Trade Representative (“USTR”) Robert Lightizer submitted a formal notification to Congress of the Trump Administration’s... Read More >
Humans, Barcode, Restitution Under Pennsylvania Human Trafficking Statute
I am concluding my Pennsylvania Human Trafficking Statute series with important information about restitution to victims. Also, as... Read More >
student, test, overwhelmed
After his requests for additional accommodations were denied, a student at the Lamar Institute of Technology (LIT) who had medical issues related to... Read More >
password, security
Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and... Read More >
Theresa May, UK Election 2017: Theresa May Still Right (and a little bit left) on Track for Victory in June
The Conservative manifesto, ‘Forward, Together’, unveiled late last week by Theresa May, was notable rather less for reiterating... Read More >
Investment, capital, deals
First the good news. If you get a signed term sheet with a reputable angel or venture investor,... Read More >
Whistleblower, CFTC
On May 22, 2017, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) adopted... Read More >
ip justice scales, venue shopping, supreme court
This week, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court undid the settled... Read More >
Organic, FDA Updating Requirements for “Healthy” Claims on Food Labeling: Healthy Conscious
One of the trending areas last year was “healthy” claims in food labelling becoming the new “all... Read More >
hipaa logo, phi, hhs
Last week, a Texas health system agreed to a $2,400,000 HIPAA settlement arising out of a hospital'... Read More >

Federal Court News

patent office, federal circuit

The Federal Circuit recently held that the Patent Trial and Appeal Board is not constrained by parties’ proposed constructions and may, in fact, adopt an alternative construction that the Board raises for the...

water splash, ferc, dc circuit

On May 23, 2017, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued Delaware Riverkeeper Network v. FERC (Riverkeeper).  The decision upholds the Federal...

Gavel, Northern District of New York Applies “Reasonable Belief” Standard

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...

Phones, TCPA: Class Action and Litigation Updates May 2017 - Part II

In a widely anticipated opinion, the D.C. Circuit has held that the Federal Communications Commission overreached when it required that solicited faxes include specific opt-out notices.[1] ...

Hacker, Law Firms Must Step Up Security or Risk Exposure; $8,895,560 Fine for Law Firm Hackers

On 5 May 2017, a federal district court in New York ordered four people involved in breaching the networks of two law firms and stealing confidential information to pay approximately $8.9 million in...

Patent Review, PTO Litigation Report – May 24, 2017

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).  Since the last report, no new requests for ex parte reexamination at...

State Court News

cybersecuirty key, new york, colorado

In the wake of the promulgation of new cybersecurity regulations by New York State’s Department of Financial Services, Colorado has proposed cybersecurity regulations for broker-dealers, investment advisers and other fund...

Colorado, State, Button

On May 23, Colorado Governor John Hickenlooper signed into law a bill that won’t eliminate all factors contributing to a litigious environment for developers and buyers of attached housing in Colorado, yet is widely recognized...

marijuana leaf, california

We attended a teleconference led by California Insurance Commissioner David Jones with 63 insurance industry stakeholders on May 22, 2017, to discuss insurance requirements set forth in California’s proposed cannabis...


European Union, EU

We’re officially at the one year mark before the EU General Data Protection Regulation (“GDPR”) comes into effect on May 25, 2018.  In the last month many EU Member States have been busy proposing GDPR implementation bills, and...

chemicals, echa

The European Chemicals Agency (ECHA) announced on May 24, 2017, publication of five documents that it intends to help registrants preparing...

British pounds, New Sleuth in Britain: UK Quietly Empowers a Sanctions Enforcement Office

On April 3, 2017, the UK Treasury’s Office of Financial Sanctions Implementation (OFSI) announced new penalties for economic sanctions violations of £1 Million or 50% of the value of the transaction,...