August 28, 2015

August 28, 2015

August 27, 2015

August 26, 2015

August 25, 2015

FEATURED ARTICLES

The long-awaited ruling regarding the circumstances under which the owner of a standard-essential patent (SEP) encumbered by fair, reasonable and non... Read More >
As trade ministers from 12 Pacific Rim countries continue to negotiate the Trans-Pacific Partnership (TPP) deal, China’s recent currency... Read More >
As those of you who have read our prior blog posts know, one of the primary changes between the proposed and final rules redefining the scope of... Read More >
by: Sarah Bro
Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search... Read More >
Takeaway: If the application that led to the challenged patent included a misstatement concerning the relationship between the application and an... Read More >
Medicare is now in its third year of testing their “Independent at Home” project, which was created by the Affordable Care Act. This... Read More >
Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach.  Their July 1... Read More >
In an action that emphasizes the agency’s commitment to cybersecurity, the SEC recently charged 32 defendants with violations of the federal... Read More >
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Positioning Your Business Favorably for the Clean Power Plan
For many businesses, the cost of energy is a significant expense. The Environmental Protection... Read More >
USPTO Releases Update on Subject-Matter Eligibility
On July 30, 2015, the U.S. Patent and Trademark Office (USPTO) released an update to the 2014... Read More >
EPA’s Newest Attempt at Aggregating Emission Sources in the Oil & Gas Industry
EPA has proposed to resolve an issue that has vexed the oil and gas industry for years—how to... Read More >
On August 12, 2015, the U.S. Food and Drug Administration (FDA) issued a Warning Letter to Hampton... Read More >
Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims
In a suit alleging trade secret theft of ideas related to a software program, the U.S. Court of... Read More >

Federal Court News

Third Circuit Says ERISA Administrative Appeal Denial Letters Must State Plan-Imposed Time Limits

The Third Circuit recently held that ERISA administrative appeal denial letters must include plan-imposed time limits for commencing a lawsuit challenging the claim denial, and the failure to provide...

Akebia Therapeutics, Inc. v. FibroGen, Inc.

With ample citation to Supreme Court precedent, the U.S. Court of Appeals for the Ninth Circuit affirmed the use of 28 U.S.C. § 1782 to conduct domestic discovery in aid of foreign opposition proceedings at the European and...

NLRB Expands Its Definition Of ‘Joint Employer’

In a highly-anticipated decision, a divided National Labor Relations Board (NLRB) significantly expanded its definition of “joint employers.”  The new standard portends to have substantial implications...

Proposed regulations under Section 2704(b) may be released this fall which would disallow certain discounts on the value of family-controlled entities for transfer tax purposes.

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The U.S. Court of Appeals for the Seventh Circuit ruled that a sublicensee of patent and trademark rights that purchased its sublicensor in order to reduce the royalties it owned to the licensor was not prohibited from buying...

State Court News

California Legislature Targets Employment Arbitration Agreements

It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in ...

New Missouri Law Gives Securities Brokers Immunity for Protecting Seniors

A new law providing Missouri securities brokers with new options for attempting to protect elderly customers who might be victims of financial fraud goes into effect tomorrow (August 28, 2015). The "...

On August 11, 2015, the Governor's Office of Planning and Research (OPR) released a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (CEQA)...

INTERNATIONAL LAW NEWS

Spain Sets a New Milestone with its Corporate Compliance Statute

As of July 1 of this year, Spain becomes the latest in a string of nations with a corporate compliance defense. Article 33 of Spain’s criminal code will provide an exemption from corporate criminal liability where the company...

Middle East Business Expansion – The Strategic Themes and Opportunities

The latter half of 2014 was dominated by the 50 percent drop in the oil price and the significant impact this has had on oil-producing countries and the global economy. Then like a boxer recovering from a knockdown, three...