April 25, 2015

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April 24, 2015

April 23, 2015

FEATURED ARTICLES

New Medicare Law Advances Gainsharing
On April 16, 2015, President Obama signed into law H.R.2, the Medicare Access and CHIP Reauthorization Act of 2015 (the "Act"), which... Read More >
CFTC Issues No-Action Relief to SEFs and DCMs in Connection with Swaps with Oper
On April 22, the Commodity Futures Trading Commission’s Division of Market Oversight and Division of Clearing and Risk (Divisions) issued CFTC... Read More >
Wealth Management Update: April 2015
Obama Administration Announces Revenue Proposals The Obama Administration has recently announced its Fiscal Year 2016 Revenue Proposals in its... Read More >
Wind Generation Appeals – Update
As we set out earlier this year, 2014 was not the best year in terms of wind generation appeal decisions. Has the first quarter of 2015 been any more... Read More >
Practical Tips for New Construction Homebuyers
Purchasing a new construction home is an exciting endeavor. Once all the design options and custom changes are finalized, the wait begins. While all... Read More >
The Use of Alternative Credit in Europe
As a result of the reduced availability of conventional credit from lending institutions in the wake of the financial crisis of 2008, Europe has been... Read More >
7 Landing Page Defects That Can Kill Your Lead Conversion Rates How to Fix The
Landing pages — those pages a visitor is guided to after clicking on a link on your website, blog, social media post or e-newsletter —... Read More >
Buying and Selling a Craft Brewery in the United States
The craft beer business has never been hotter, with market share now approaching 8 per cent by volume in the United States and margins that have... Read More >
Distribution Agreement Doesn’t Show Conspiracy Between Manufacturer and Distribu
Conspiracy liability and other forms of vicarious liability are especially dangerous to... Read More >
Federal Appeals Court Endorses Tax-Offset Damages
A new damages theory under Title VII of the Civil Rights Act that in certain circumstances may... Read More >
GAO Reports Highlight Ongoing Struggles in Reforming IT Acquisitions and Operati
As federal agencies are slated to spend almost $80 billion on federal information technology (... Read More >
DOL Proposes to Revise Definition of “Fiduciary” Under ERISA
On April 20, the US Department of Labor (DOL) published a proposal to revise portions of the... Read More >
SEC Grants Compliance Officer $1.4 to $1.6 Million Whistleblower Award
On April 22, the Securities and Exchange Commission announced that it is awarding a compliance... Read More >

Federal Court News

En Banc Sixth Circuit: No ADA Violation In Telecommuting Suit

The Sixth Circuit issued a significant decision on telecommuting accommodations for disabled employees.  In EEOC v. Ford Motor Co., a divided en banc court affirmed summary...

Medtronic Vascular v. Lifeport Sciences: Final Written Decision IPR2014-00288

Takeaway: Patent Owner prevailed in this case, at least in part, by persuading the Board to revise its original claim construction position provided in its Decision on Institution.

In its Final Written...

Appeals Court Affirms Jury Verdict of Over $1.5 Million in EEOC Sexual Harassmen

A federal appeals court has upheld a jury verdict of over $1.5 million in the U.S. Equal Employment Opportunity Commission's (EEOC's) lawsuit against a High Point, N.C.-based logistics services...

Fujitsu Semiconductor v. Zond: Decision Granting Petitioner Page Extension IPR20

Takeaway: In light of Director Lee’s Posting announcing upcoming changes to PTAB rules, the Board may permit petitioners 25 pages, instead of 15, to reply to a patent owner’s Response.

In...

PTO Litigation Center Report – April 24, 2015

Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM).  Also listed are any newly-posted requests for ex parte reexamination at...

Final Written Decision CBM2014-00004

Takeaway: Where an expert provides testimony concerning the meaning of a claim term, the testimony should include factual support for his or her conclusions. Absent such support, the Board may give the testimony little weight...

State Court News

Crossover is the deadline established by House and Senate Rules by which a House bill must be received by the Senate, and a Senate bill must be received by the House, in order to remain eligible...

An asset purchase agreement ("APA") is the heart of an acquisition, the document where the terms of the deal are struck. The terms of an APA will impact, among other things, the actual cost to the buyer, the...

INTERNATIONAL LAW NEWS

FCA Publishes New Procedures and Forms for Disclosure of Material Changes
by: Neil Robson of Katten Muchin Rosenman LLP

On April 21, the Financial Conduct Authority (FCA) updated its webpage of guidance on the United Kingdom’s national private placement regime (NPPR) for the marketing of...

ESMA Issues Call for Evidence on Virtual Currency
by: Carolyn H. Jackson of Katten Muchin Rosenman LLP

On April 22, the European Securities and Markets Authority (ESMA) issued a call for information (Call for Evidence) on virtual currency. Unlike recent studies performed by the European Banking...

European Council Approves Strengthened EU Anti-Money Laundering Rules
by: Neil Robson of Katten Muchin Rosenman LLP

On April 20, the European Council of Ministers adopted its version of new rules aimed at preventing money laundering and terrorist financing in the form of a draft new European Union...