A New York federal judge has held that Henry Gifford and three other design professionals cannot sue the U.S. Green Building Council (USGBC) for false advertising under the federal Lanham Act in connection with the USGBC’s...
Emerging National Legal Issues:
In Rugby World Cup Ltd v Andreas Gyrre WIPO D2011-1520 (1 November 2011) sole panellist Robert Badgely dismissed the complaint by the International Rugby Board (IRB) against ticket reseller Euroteam AS on the basis that the...
Indiana moved one step closer Wednesday to becoming the 23rd Right to Work state in the U.S. The Indiana House of Representatives Wednesday afternoon passed the Right to Work bill on a 54-44 vote. After stalling the bill for several weeks, the...
UPDATED to add links to new information:
New York Times reports today that the proposed new data...
The Court of Justice of the European Union (CJEU) has once again considered the meaning of “communication to the public” under Article 3(1) of the Copyright Directive (2001/29/EC). This time the Court found that it...
A common concern among Michigan homeowners is the dreaded “uncapping” of real estate taxes. But the rules in this regard are somewhat confusing. In general, for as long as someone owns a parcel of real estate, the “...
The Office of the Inspector General in the United States Department of Health and Human Services has long maintained a website listing their...
On January 18, 2012, the United States Supreme Court upheld the constitutionality of copyright legislation adopted 17 years earlier that extended U.S. copyright protection to foreign works previously in the public domain in the United States. The...
As of the effective date (on or about February 23, 2012) transactions must be valued in excess of $68.2 million to be subject to the preclosing notification requirements of the HartScottRodino Act.
The...
Company Rescinded Job Offer to Recovering Drug Addict Because of His Disability, Agency Charged
RALEIGH, N.C. – United Insurance Company of America will pay $37,500 and furnish other relief to resolve a disability discrimination...
The Employee Benefits Security Administration is moving forward with regulations and proposals that will increase the quality of advice being provided to individual retirement account investors and 401(k) plan sponsors and participants. Assistant...
Federal Agency to Expand and Enhance Assistance to Small Businesses
The internal task force includes EEOC District Directors from the Birmingham, Charlotte and San Francisco offices; program...
In relation to the application by Protecting Kids the World Over (PKTWO) [2011] EWHC 2720 (Pat), the High Court of England and Wales has allowed an appeal against a decision of a Hearing Officer that found that an alarm notification...
On January 4, President Obama, via a recess appointment, installed Richard Cordray as the Director of the Consumer Financial Protection Bureau (CFPB or the Bureau). The appointment was the latest battle in what promises to be a “long war...
The United Kingdom’s Department of Business, Innovation, and Skills (BIS) has honoured its early commitment to one of the more controversial ideas put forward by Professor Hargreaves in his May 2011 Review of Intellectual Property and...
Burning “waste” or “fuel” triggers potentially very difference air emissions limits. On Dec. 23, 2011, the United States Environmental Protection Agency (EPA) proposed Clean Air Act Rules to revise the Identification of...
As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange Commission (...
Just a few days following the NLRB's controversial decision in D.R. Horton that called into question the validity of employment arbitration...
On January 11, 2012, FERC issued an order approving a settlement relating to allegations that a Senior Vice President of North America Power Partners (NAPP) engaged in fraudulent conduct in violation of FERC’s prohibition against market...
Federal Courts and National Regulatory Issues:
On Wednesday, January 18th, ...
Pascalatization, also known as high-pressure processing (HPP), is a procedure for subjecting food to extreme water...
On Dec. 23, 2011, the United States Environmental Protection Agency (EPA) proposed changes to the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters (...
Calls for the GOP presidential candidate to release his tax returns are likely to increase
Mitt Romney, who made millions buying and selling companies for a private equity firm, pays an effective tax rate that is lower than a family...
Many readers of our blog know that an opinion was recently issued in yet another hotel operator v. hotel owner dispute. The ...
Federal advisory committee provides insight for disaster preparedness, response and recovery
Seven experts from outside the federal government will join the National Biodefense Science Board (NBSB), a federal...
The U.S. Department of Health and Human Services (HHS) issued a bulletin on December 16, 2011, outlining and requesting comments on its proposed regulatory approach to allow states to define what is an “essential health benefit.”...
The America Invents Act (“AIA”), the most comprehensive revision of U.S. patent law since 1952, recently became law, although most of its sweeping provisions do not take effect for one or more years, and its effects...
Cobalt Technologies and American Process Inc. have agreed...
Organized online protests over two bills in Congress targeting online copyright infringement — the House’s Stop Online Privacy Act (SOPA) and the Senate’s Protect Intellectual Property Act (PIPA) — seem to have crippled...
Some of the most valuable intellectual property in the world is not protected by a patent or trademark. A famous example is the formula for Coca-Cola – it is protected as a trade secret. A more recently created trade secret is the algorithm...
Anti-piracy bills pose a challenge for diplomats who’ve promoted the uncensored web to foreign governments
Two Internet anti-piracy bills working their way through Congress that are heavily backed by the movie industry could have...
On January 10, 2012, the U.S. Supreme Court ruled that the Credit Repair Organizations Act (“CROA” or “the Act”), 15 U.S.C. §1679 et seq., does not preclude the enforcement of an arbitration agreement...
In an attempt to stymie tax evasion by U.S. taxpayers hiding assets overseas, the IRS recently released the final version of Form 8938. Individuals must use Form 8938 to report specified foreign financial assets with an aggregate value greater...
There has been a lot of talk recently about a phenomenon called crowdfunding, a new type of fundraising that relies on social media and the Internet to raise small amounts of capital from large numbers of individuals. Despite the talk,...
On Monday, January 9, 2012, a Washington, D.C. federal district court kept the United States Environmental Protection Agency (USEPA) in check on how it stays its own rules. The judge vacated and remanded USEPA's decision to delay two long-...
State Courts and State Regulatory Issues:
Who settles copyright disputes in ownership of real estate development engineering plans: State Court or Federal Court? A recent New Jersey District Court case recently answered this question. In Pennoni Associates, Inc. v. Medford...
California’s Department of Industrial Relations (DIR) announced the Jan. 1, 2012 launch of yet another task force focused on prosecuting California employment law violations.
The newly created Labor Enforcement Task Force (LETF) is...
For many in New England, fresh powdered snow is a welcome sign of the season. For Maine mother Jill Callela, the flakes showcase something much darker — the dirty air her family is breathing.
“OK, we have black snow again,...
Rebooted California Self-Generation Incentive Program Opens Opportunities for Distributed Generation
Established in 2001, California’s Self-Generation Incentive Program (SGIP) provides public utility customer-funded incentives to businesses and individuals who invest in non-solar distributed generation-—i.e., generation that...
On December 27, 2011, the Los Angeles County District Attorney filed criminal charges against the University of California Regents (“Regents”) and a research professor in a case involving the death of a research...
January 5, 2012 - Red Bank, New Jersey- Legislation just signed into law by New Jersey Governor Chris Christie promises to provide corporate income tax credits to companies seeking to move to New Jersey or expand New Jersey-based...
Construction defect plaintiffs in Washington continue to use covenant judgments in an effort to force large settlements with developers' insurers. If the developer's insurer is unwilling to fund a settlement, the plaintiff and defendant...
In a surprise move at the end of 2011, the Illinois legislature amended the estate tax law to provide for additional benefits to the estates of Illinois decedents. Specifically, the Illinois estate tax exemption has been increased (from the...
In Baum, the Michigan Supreme Court reversed a decision of the Michigan Court of Appeals which could have undermined the riparian rights of thousands of Michigan...
Earlier this year, Google, Inc. announced that it had invested $100 million...
Yes, I know that it is called the New Jersey Consumer Fraud Act (the “CFA”).[1] Notwithstanding the nomenclature, the CFA has been applied to business-to-...
2012 brings another year of change to how the State of Michigan taxes Michigan businesses. Beginning January 1, 2012 Michigan businesses are subject to the new Corporate Income Tax (CIT) which replaces the Michigan Business Tax....
California’s Department of Industrial Relations (DIR) announced the Jan. 1, 2012 launch of yet another task force focused on prosecuting California employment law violations.
The newly created Labor...
The West Virginia Department of Education recently approved a new version of Policy 4373: Expected...
According to Clean Edge, Inc., a Portland consulting firm, Oregon ranks 2nd in the nation and Washington 6th in leadership efforts to promote clean energy.
In ranking the states, Clean Edge...
With each new calendar year come new obligations for employers and, sometimes, necessary changes in existing practices. For a change, there are few new federal legislative requirements taking effect for employers this year. This Alert highlights...
International Law and Immigration
The Court of Justice of the European Union (CJEU) ruled...
The European Commission (EC) published in December 2011 a Consultation on the draft guidelines for targeting State Aid (...
The World Intellectual Property Organization (“WIPO”), which administers the Patent Cooperation Treaty (“PCT”) and processes international PCT patent applications, has announced a new licensing feature that will be...
National Intellectual Property Strategy Program
Bemoaning the state of patent litigation involving Taiwan’s technology companies, TSMC’s Dr. Richard Thurston...
A recent decision by the Third Circuit in the Nortel Group bankruptcy reinforces the worldwide reach of the automatic stay and the narrow scope of the police power exception under section 362(b)(4) of the Bankruptcy Code. In Nortel...
Many U.S. listed Chinese companies have their eye on going private, with a growing number of such transactions having recently closed. This is the combined result of the current weakness of the U.S. capital markets, significant losses in the...
The European Commission has launched a Green Paper consultation on credit card, internet, and mobile payments with regard to card-fees and related matters of concern to the competition authorities.
Interested stakeholders...
In Scarlet Extended SA v Société belge des auteurs, compositeurs etéditeurs SCRL C-70/10 24 November 2011, the Court of Justice of the European Union found that imposing an injunction on an internet...
In Dyson v Vax Ltd [2011] EWCA Civ 1206, Dyson Ltd has lost its appeal against Mr Justice Arnold’s decision that Vax Ltd had not infringed Dyson’s UK registered design in relation to its Dual Cyclone vacuum...
European Union (EU) Regulation 1227/2011 on wholesale energy market integrity and transparency (REMIT), which came into force on December 28,...
China’s Ministry of Commerce (MOFCOM), following six months of public comment on and consideration of Draft Regulations, has now formally promulgated new Regulations on the Investigation & Treatment of Failure to Report a Concentration...
Conducting due diligence is a key aspect of any transaction, international or otherwise. Attorneys working on transactions conducted in Mexico or that involve Mexican entities ought to be aware of registration and certification requirements that...
Recently the Chinese government issued the new Foreign Investment Industrial Guidance Catalogue (2011 Amendment) in an effort to further liberalize the market entry for foreign investors and improve foreign investment structure and development in...
Featured Articles:
In response to concerns that the plaintiffs' bar is suing Delaware corporations "anywhere but Delaware," an increasingly large...
Proxy season is now upon us, and a key task is to evaluate whether shareholder approval is needed for any executive-compensation plan. One of the...
The Blue Ribbon Commission on America's Nuclear Future was formed at the direction of the President to conduct a comprehensive review of...
With the start of the new year, it's time for trademark owners again to be on guard against solicitations and advertisements that may appear...
Youths who do adult time re-arrested more; minorities do more adult time
A new report released by the ...
Recovery Audit Contractors (RACs) in some parts of the U.S. have begun requesting documentation from certain skilled nursing facilities (SNFs),...
Yesterday the Office of Inspector General (OIG) added a video to its HEAT training website. The newest video outlines the OIG’s tips for...
On Wednesday, January 25, the Indiana House of Representatives passed...
The National Coordinator for Health Information Technology today announced a Discharge Follow-Up Appointment care transitions challenge –...
On January 25, 2012, the USPTO published proposed rules to implement the supplemental examination provisions of the America Invents Act (“...
Arbitration: Love it or hate it, but it likely will be with us for a while. For one thing, the United States Supreme Court strongly favors...
The Chinese Year of the Dragon started with a bang as the Supreme Court issued a much anticipated ruling in this Fourth Amendment case that was...
The DEQ’s Office of the Great Lakes announced that it has initiated the 2011 Ballast Water Reporting Program, authorized by...
Televisual “Communication To The Public” Stays Undefined: The Law Needs to “Catchup” with Technology
In ITV Broadcasting Ltd v TVCatchup Ltd [2011] EWHC 2977 (Pat), the High Court of England and Wales...
In November 2012, the U.S. Green Building Council (USGBC) hopes to release the next update to the Leadership in Energy and...
The arrival of a new year means that another proxy season is not that far off. A highlight of the 2011 proxy season was that it marked the...
I. Introduction
On Dec. 19, 2011, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule titled ‘‘...
This week the New Jersey Supreme Court issued an opinion in a case of first impression in New Jersey regarding the scope of...
In September 2011, I wrote about how the Federal Circuit overturned a patentee’s $29.4 million infringement verdict and held that cancelling...
On January 17, 2012, the New York Appellate Division, First Department held that New York Insurance Law § 3420(d) "precludes an insurer...
We write to remind you of your obligation to provide your New York State based employees with a written notice and acknowledgement of pay rate and...
Post-grant review provisions of the new patent law may affect a potential patent infringement defendant’s strategies in filing a declaratory...
On October 9, 2011, California Governor Edmund G. “Jerry” Brown signed into law 22 billsimpacting anyone doing business in the state....
In Cadbury Ltd (The Colour Purple) BL 0-358-11 20 October 2011, the UK Intellectual Property Office has dismissed an...
There is a lot of discussion lately about domestic energy production and American energy security. For the Obama Administration, moving towards...
Relators and their counsel are being held accountable for the misuse of qui tam defendants’ confidential and privileged documents...
The provision of financial assistance to victims of clergy sexual abuse seeking to obtain mental health counseling and treatment may result in...
For most entrepreneurs, dilution is an ugly word. Being diluted, after all, is about giving someone else a piece of your business. All other...
A report released this month by global insurer Munich Re concludes that 2011 was the costliest year ever in terms of natural catastrophe losses....
We are often called in to speak to developers, private equity funds and other organizations that have an interest in having one or more projects...
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