July 1, 2015

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FEATURED ARTICLES

New York Court Applies Flood Sublimit to Cap Amtrak’s Sandy Recovery at $125 Mil
The Opinion In September 2014, Amtrak sued multiple insurance companies to recover over $1.1 billion in losses it claimed were caused by Superstorm... Read More >
DOL Proposes Massive Expansion in Overtime Pay
The Department of Labor announced yesterday a proposed rule that would impose new overtime pay requirements on employers and affect 5... Read More >
Music Streaming Rights Are Included in ASCAP’s Licenses
The U. S. Court of Appeals for the Second Circuit affirmed a district court ruling that composers and music publishers cannot partially withdraw from... Read More >
Supreme Court to Again Review Higher Education Affirmative Action Case
In a week full of front-page news, the United States Supreme Court has agreed to again review the appropriateness of the University of Texas at... Read More >
Supreme Court Reverses and Remands MATS to D.C. Circuit for EPA Failure
In a 5 to 4 split decision, the U.S. Supreme Court ruled on Monday, June 28th, that the U.S. Environmental Protection Agency (“EPA”)... Read More >
Energy Technology Connections Newsletter - June 2015
Washington Update The House and Senate are in session until the July 4 recess, and have full schedules until then. House Majority Leader Kevin... Read More >
Supreme Court Extends Same-Sex Marriage Rights To All 50 States
On the anniversary of two other decisions supporting same-sex rights (Lawrence [pdf] and Windsor [pdf]), the U.S. Supreme Court ruled... Read More >
Same-Sex Marriage Equality: What Employers Need to Know After Obergefell
Same-sex couples have a Constitutional right to marry and have their marriages recognized nationwide. In a 5-to-4 decision, the U.S. Supreme Court... Read More >
Supreme Court Grants Certiorari in VA Procurement Case
Lily Rudy
Anuj Vohra
Last week the Supreme Court granted certiorari to hear arguments in Kingdomware Technologies,... Read More >
CBP Offers to Negotiate With Foreign Customs on Exporters' Behalf
On June 18, 2015, U.S. Customs and Border Protection (CBP) announced in the Federal... Read More >
The Recharacterization Doctrine Is Ripe For Supreme Court Review
When a bankruptcy court ‘‘recharacterizes’’ debt, it causes something the... Read More >
As Promised, OSHA Targets Health Care and Nursing Homes for Enforcement Actions
As previously discussed, OSHA has been carefully scrutinizing the health care industry lately.... Read More >
Supreme Court’s Marriage Decision Should Prompt Employers’ Review of All
“No union is more profound than marriage, for it embodies the highest ideals of love,... Read More >

Federal Court News

SEC’s Data-Driven Analysis Identifies Allegedly Improper Trade Allocations

Relying on a data-driven statistical analysis conducted by the Division of Economic and Risk Analysis (DERA), the SEC recently commenced administrative proceedings against an investment advisor,...

Same-Sex Marriage Decision: Uniformity in All States

Two years to the day after issuing its historic U.S. v. Windsor and Hollingsworth v. Perry decisions (see ...

Practical Claim and Specification Drafting, Following Williamson v. Citrix

Patent claims that use so-called “nonce words” in lieu of means plus function language can be correctly construed as applying the equivalent of means plus function language under 35 USC §112, sixth paragraph,...

It has been rumored for some time that the Department of Labor’s new overtime regulations would raise substantially the salary a worker must be paid in order to qualify for a white collar exemption.  Monday evening,...

EEOC Updates Pregnancy Discrimination Guidance

Last week, the EEOC announced an update to its Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Enforcement Guidance”) to reflect the Supreme Court’s recent...

State Court News

Why Foreign Corporations Might Not Care Where You Live

I noticed the following description of California’s principal “pseudo-foreign” corporation statute in a recently filed registration statement:

Section 2115(b) of the...

Last week, Delaware Governor Jack Markell signed Senate Bill 75, which amends the Delaware General Corporation Law to prohibit Delaware stock corporations from adopting bylaws that force shareholders to pay legal fees if they...

Portion of California Resale Royalty Act Struck Down as Unconstitutional

Addressing the constitutionality of California’s Resale Royalty Act, Cal. Civ. Code § 986 (“the Act”), the U.S. Court of Appeals for the Ninth Circuit held that a portion of the...

INTERNATIONAL LAW NEWS

Interim Relief in Cyprus Assists Creditors to Pursue Stolen or Hidden Assets
by: Eric (Rick) S. Rein of Horwood Marcus & Berk Chartered

Cyprus has become a financial hub for companies and trusts managing assets of foreigners, particularly Russia. However, creditors should not be perturbed because the courts in Cyprus exercise powers in relation to asset...

by: Andrew Johnson of Squire Patton Boggs (US) LLP

A recent English High Court decision has further clarified the position on what amounts to an “abuse of process” when it comes to determining the motive behind the presentation of a winding up petition by a creditor...

AstraZeneca’s Crestor® Patent is Invalidated by the Brazilian Federal Courts
by: Lisa L. Mueller of Michael Best & Friedrich LLP

On June 5, 2015, the 13th Federal District Court of Rio de Janeiro invalidated Astrazeneca’s patent BR PI0003364-2 covering Crestor® (rosuvastatin). The...