California is a net exporter of corporate charters, but it remains home to many corporations. As a result, the California Corporations Code has a preternatural concern with foreign corporations.
One example is Section 1501(a) which...
Emerging Legal News Headlines:
The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG Troy LLC and T3 Troy LLC (the Troy Entities). Petitioners filed numerous actions against the...
Recently, the Consumer Financial Protection Bureau (CFPB) published a final determination as to whether the unclaimed property laws of Maine and Tennessee were inconsistent with, and therefore preempted by, the...
Estate planning is nothing more than developing a process to identify and transfer your property, whether during your lifetime or at your death. Anything that you care about—from an old rocking chair that belonged to your grandmother to a...
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, regulatory authority over derivatives is divided between the Securities and Exchange Commission and the Commodity Futures Trading Commission. The SEC has...
In NLRB v. New Vista Nursing & Rehab., issued on May 16, 2013, the Third Circuit echoed the reasoning of the D.C. Circuit’s groundbreaking Noel Canning decision and found the recess appointment of former...
The America Invents Act became the first major legislative overhaul of the U.S. patent system in 60 years when President Obama signed the Act into law on September 16, 2011. To deal with the change, medtech companies should adopt...
As the first four months of 2013 come to a close, employers should ensure that their human resources departments have updated several policies, forms and posters requiring attention after the first of the year. The posting of these notices, and...
On April 22, the Financial Industry Regulatory Authority, Inc. issued to ALPS Distributors, Inc. interpretive guidance with respect to FINRA Rule 2210(d) and the use of hypothetical back tested index performance information, which FINRA refers to...
In a Notice of Proposed Rulemaking issued last week,1 the FCC proposed to...
The long-awaited decision held that method, computer-readable medium and system claims for technology related to “the management of risk relating to specified, yet unknown, future events” were not directed to patentable subject matter...
With the growing capacity constraints on oil pipelines, the Federal Energy Regulatory Commission (“Commission”) has recently extended the bounds of what it considers acceptable methods of apportioning...
With the growing capacity constraints on oil pipelines, the Federal Energy Regulatory Commission (“Commission”) has recently extended the bounds of what it considers acceptable methods of apportioning...
New requirements under the Patient Protection and Affordable Care Act are set to intensify state and federal governments' crackdown on worker misclassification.
Most employers are aware by now that state and...
The patent system in India is administered under the direction of the Controller General of Patents, Designs, Trademarks and Geographical Indications (CGPDTM), appointed under sub-section (1) of Section 3 of the Trade Marks Act, 1999....
Federal Court News & National Administrative Law Issues:
As you may recall from ...
No Harm, No Foul
The late Lakers broadcaster Chick Hearn was known for coining or popularizing numerous basketball expressions, including “air ball” and ”no harm, no foul”. ...
No Harm, No Foul
The late Lakers broadcaster Chick Hearn was known for coining or popularizing numerous basketball expressions, including “air ball” and ”no harm, no foul”. ...
Senator Leahy’s Amendment 2 to the Comprehensive Immigration Reform Bill, S. 744 provides that, at the I-829 stage, there is a presumption that 10 indirect jobs have been created per investor if the I-829 petition evidence demonstrates that...
The Department of Labor (DOL) has been thinking about either requiring or facilitating the projection of retirement income on quarterly participant benefit statements for defined contribution plans. The DOL...
Laura Reiff has published an article on EB-5 Visa...
Last Friday, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it was seeking public comment of its draft principles for the ...
The IRS announced it is nearing completion of a five year long compliance project involving tax-exempt colleges and universities. The project, which began with questionnaires to 400 randomly-selected institutions, focused...
On April 30, 2013, the NLRB for the first time in a decision addressed the D.C. Circuit’s controversial Noel Canning decision and held that it does not prevent the agency from continuing to act while the...
On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its...
This is a story about not one, but two stays. The first stay is a district court stay pending the outcome of a reexamination of a patent in suit. The second is an administrative (PTAB) stay of that same reexamination pending the...
U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting data, and securely...
In late April, Congressman Darrell Issa (R-CA) and Congresswoman Zoe Lofgren (D-CA) in the House of Representatives, and Senators Orrin Hatch (R-UT) and Sheldon Whitehouse (D-RI) in the Senate, announced that they were introducing the “...
Is the increase in software patents over the last 30 years due to a patent system run amok, or is it simply because software has become ubiquitous?
According to the IEEE Global History Network, over 4 billion ...
In a ruling that has implications for a number of industries, including agriculture and biotechnology, the Supreme Court ruled unanimously today that the concept of patent exhaustion did not allow farmers to freely use patented genetically...
This week the House Appropriations Committee will start marking up the first fiscal year (FY) 2014 appropriations bill (the Military Construction–Veterans Affairs bill, to be exact). This will formally kick off what will be a rocky...
Policyholders and their attorneys frequently experience insurance companies improperly investigating and documenting claims, in turn leading them to wrongfully deny claims that may be inconsistent with their obligations under the policy....
On May 13th, a unanimous Court found that the doctrine of patent exhaustion “does not allow the purchaser to make new copies of the patented invention.” [A copy of decision is at the end of this post.] In this case...
As part of the Affordable Care Act, employers are required to provide current employees and new hires with written notice of the availability of a Health Insurance Marketplace (also called an Exchange) where individuals may purchase health...
The SEC staff recently issued its examination priorities for 2013.1 One item of interest to retirement market participants is the staff ’s intention to focus “on the wide variety of ...
The U.S. Department of Labor Employee Benefits Security Administration (EBSA) recently issued Technical Release 2013-02, in...
In one of at least seven current lawsuits involving the Affordable Care Act, a coalition of 12 businesses and individuals has filed suit against the Department of the Treasury seeking to halt implementation of ACA ...
On April 3, 2013, representatives from the Staff of the Securities and Exchange Commission (SEC) participated with the U.S. Citizenship and Immigration Services (USCIS) in an EB-...
Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review their...
State Court News & State Administrative Law Issues:
NJDEP has issued a new “Guidance Document”, detailing requirements for satisfying the State’s requirement that “Remedial Investigations” be completed by May 7, 2014. The Department confirms...
In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a....
On March 27, in Roberts v. Wells Fargo N.A., District Court Judge Avant Edenfield (Southern District of Georgia) certified a question of first impression for decision by the Georgia Supreme Court. The issue concerns the...
On April 26, 2013, online daily deal company LivingSocial reported that personal information of as many as 50 million individuals may have been compromised as a result of a cyberattack. According to the company, "the information accessed...
Indiana Governor Mike Pence is considering signature of several legislative bills passed during the 2013 session, including one that would require Indiana Redevelopment Commissions to report on their activities to city, town and county councils...
Brian Smith (Smith), who describes himself as a music producer and songwriter specializing in urban music, filed his complaint seeking an injunction, damages, and attorney fees against Jay W. Jenkins d/b/a Young Jeezy Music (Jenkins), Demetrius L...
In early March, Central District of California District Court Judge Christina Snyder issued a significant McCarran-Ferguson Act decision in Negrete v. Allianz Life Insurance. Siding with the Third, Fourth and Tenth...
When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail, videos,...
Yesterday’s blog discussed California’s requirement that many domestic and foreign corporations send financial statements to their shareholders. If a corporation has 100 or more holders of record (determined in accordance...
Summer is quickly approaching, and eager students are lining up for internship opportunities, some of which may be unpaid. The whole topic has caused a firestorm of news stories lately – including an...
A scientific or technological advantage is something to be protected. A case in the Business Litigation Session of Suffolk Superior Court demonstrates how cutthroat competition can be in the medical device industry and how the law deals with...
Add this case to the laundry list of Home Affordable Modification Program ("HAMP")...
Contracts sometimes require that any dispute arising under the contract be resolved through binding arbitration. Other times, the parties to a lawsuit may agree to have their case decided through binding arbitration, rather than continuing...
The Delaware Bankruptcy Court recently held that a third amendment to a lease agreement entered into for the purpose of leasing a second building could not be severed from the original lease agreement; and the debtor was not allowed to reject the...
New York’s Department of Environmental Conservation (DEC) recently proposed an environmental “audit incentive” policy, which is similar to the United States’...
For many years, California’s Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004, standing has been required, and standing continues to be litigated regularly. In Law...
Responding to a challenge to the constitutionality of Michigan Public Act 53, which prohibits public schools from collecting union dues from employees, the Sixth Circuit ruled that the act is constitutional. The result of this ruling is that, at...
The Mashpee Wampanoag casino project planned for the town of Taunton in southeastern Massachusetts received a major setback when the state Gaming Commission voted recently to suspend the legislated tribal priority for a license in that portion of...
New ordinance has a number of provisions that may impact employers doing business in the city.
On May 9, Philadelphia Mayor Michael Nutter signed into law a bill that steps up the city's efforts to become what the...
New Jersey's legislature recently tried to make it the 8th state to restrict employers from requiring employees to provide social media passwords in the hiring and other employment processes. This trend, somewhat odd in that it addresses...
International Legal News & Immigration Law News:
In February, the Organization for Economic Co-operation and Development (OECD) released its long-awaited report on base-erosion and profit-shifting (BEPS). In general terms, the report presents nothing new; substantively, it largely...
U.S. officials are reporting that an employee found and opened an envelope containing a “powder.” As a result,...
Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs,...
Court confirms that "disability" should be interpreted broadly and places onus on employers to explore a reduction in working hours as a potential adjustment.
On 11 April, in HK Danmark v Dansk...
In Dresdner Kleinwort and Commerzbank v Attrill & others, the Court of Appeal of England and Wales has upheld a High Court decision that 104 former employees were...
Pfizer and Teva have been fighting a legal battle over Pfizer’s patent for Viagra in Canada. The first shot was fired when Novopharm Limited, now Teva Pharmaceutical Industries, applied for a notice of compliance in order to produce a...
The International Trade Commission (ITC) is an independent, quasi-judicial agency that adjudicates the importation of products that allegedly infringe U.S. intellectual property rights. The ITC can halt the importation of goods that infringe U.S...
Nearly one year ago, President Obama signed legislation that would add Israel to the list of countries eligible for E-2 nonimmigrant investor visas to the United States. The legislation would grant E-2 investor visas to Israelis, allowing...
Latin American Region Environmental Report, Volume I 2013
NATIONAL DEVELOPMENTS
Environmental Registry Revised; Re-Registration Required
All companies that conduct activities deemed to impact the...
On April 29, HM Treasury issued a Question and Answer publication which stated its intention to extend the transition period of the Alternative Investment Fund Managers Directive (AIFMD) to existing third-country Alternative Investment Fund...
(LONDON) We recently wrote that a crucial committee vote on the new EU...
New QCA code highlights the importance of relationships between companies and their shareholders and aims to provide clear, detailed guidance on the characteristics and composition of effective, independent boards.
...
Latin American Region Environmental Report, Volume I 2013
Ecuador Approves Mariculture Project Permit Application Form
Registro Oficial February 1, 2013: Acuerdo No. 140
On...
Latin American Region Environmental Report, Volume I 2013
Peruvian Soil Quality Standards Approved
Peru’s Ministry of the Environment (Ministerio del Ambiente,...
UK Supreme Court decision confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law.
On 24 October 2012, the UK Supreme Court...
Latin American Region Environmental Report, Volume I 2013
Implementing Regulations for Costa Rica’s 2010 National Waste Law Adopted
On March 19, 2013, Costa Rica published Executive Decree 37567-S-MINAET...
Latin American Region Environmental Report, Volume I 2013
Producer and Importer Special Management Waste Take-Back Rules Adopted
After years in development, Mexico’s...
Featured Articles:
In the latest chapter in a long-running saga over a JCP&L substation in the Highlands Preservation Area, the Appellate Division of New Jersey...
OIG continues its aggressive interpretation of scope and effect of exclusion from participation in Federal health care programs and...
In its January 11, 2013 Regulatory and Examination Priorities Letter (2013 Letter), the Financial Industry Regulatory Authority...
On May 15, 2013, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites...
The Federal Circuit has handed down their en banc decision in the CLS Bank case, and to say its less than definitive would be a...
The Essential Worker Immigration Coalition (EWIC), a coalition of businesses, trade associations, and other industry organizations that support...
In the May 13, 2013 Federal Register, United States Customs and Border Protection (CBP) announced the expansion...
On April 24, 2013 Sean E. Regan, Esq. obtained an order from the Essex County Superior Court, confirming the award of a $17,900,000 sanitary sewer...
Report makes no formal recommendations, but OIG notes that lengths of stay and frequency of general inpatient care are issues requiring...
Active angel and venture investors in Wisconsin are generally familiar with Act 255, a state law that provides a tax credit for investors in the...
The Affordable Care Act enables the establishment of Health Benefit Exchanges of several types, including (i) State-based, (ii)...
The Department of Energy has just published a new series of protocols for calculating the savings from energy efficiency upgrades in homes,...
In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work...
On March 4, 2013, India’s Intellectual Property Appellate Board (IPAB) upheld the country’s first compulsory license to a...
On May 13, the Board of Governors (Board) of the Federal Reserve System announced that stress test results from the largest 18 US bank holding...
New Growth and Infrastructure Act introduces employee shareholder provisions that are expected to come into force later this year....
Since April 30, 2013, CBP has been implementing I-94 automation by issuing passport stamps and an electronic record to most foreign nationals...
One of the criticisms lodged against traditional reexamination proceedings is that when a request for reexamination is filed, the proceeding may...
As many of our clients can attest, stable hands, grooms, and back-stretch workers play a vital role in the care and maintenance of horses and...
On Tuesday, May 14, 2013, the Congressional Budget Office (CBO) released its May baseline projections, including...
The Advisory Committee on Civil Rules for the Judicial Conference of the United States is considering major changes to the discovery...
A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question...
Massachusetts recently became one of a number of states to legalize the use of marijuana for medical purposes. Regulations issued by the...
This week, Minnesota’s Governor Mark Dayton signed into law...
One of the 2013 action items for employers under the Patient Protection and Affordable Care Act (PPACA) is the...
USCIS says that as of May 10, 2013, it had completed all data entry on FY2014 H-1B petitions. All H-1B receipt notices for this...
On May 15, 2013, CMS announced they are making up to $1 billion available for Health Care Innovation Awards. Additional...
Whether it is an issue related to allergies, diet or nutrition, Dr. Mehmet Oz, the host of the daytime hit series, “The Dr. Oz Show,”...
It should be obvious to anyone reading these words that it is never a good idea to lie to a court of law....
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