January 31, 2015


January 30, 2015

January 29, 2015

January 28, 2015


Seattle Seahawks Headed for a Second Straight Super Bowl Victory? Yes, According
...No According to Lion…and Other Notes for Employers in Advance of the Big Game Predicting the Super Bowl victor used to be easy. ... Read More >
Tax Evasion Post: Is the IRS Reading Your Mail? Maybe!
Recently a taxpayer wrote to me asking if the IRS needed a warrant to “look at [her] mail.” Technically, the IRS needs a warrant to open... Read More >
What to Do If You Are (or Don’t Want to Be) Hacked
In light of the many high profile cyber-attacks on businesses this past year, employers should assess their vulnerability relative to data breaches... Read More >
Aircraft Securitizations and the EU Risk Retention Rules
European institutions that invest in securitization transactions, whether in the United States or elsewhere, should be mindful of the risk retention... Read More >
Supreme Court Rejects Sixth Circuit’s Approach to Retiree Medical Benefits
Ordinary contract principles govern disputes about collectively bargained retiree medical benefits. A Morgan Lewis team secured a major victory for... Read More >
No Statute Of Limitations For Spill Act Contribution Claims
The general statute of limitations for claims alleging injury to real property is six years.  However, a recent decision of the New Jersey... Read More >
FTC Announces “Concrete Steps” for IofT Privacy and Security
As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy... Read More >
EU Data Protection Reform Update
EC Commissioner Oettinger makes noteworthy comments during a conference in Munich regarding the pending EU Data Protection Reform. Background In... Read More >
Supreme Court Ruling Provides Significant Protection to Whistleblowers
In a 7-2 decision last week, the Supreme Court issued a ruling that provides significant protection... Read More >
Adding Talent to Your Startup - Common Pitfalls to Avoid
If you are a young startup, then you probably have more work than you do time to perform the work.... Read More >
FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers
The policy would impose greater scrutiny and controls on “transaction-related” costs... Read More >
Third Circuit Clarifies Extraterritorial Reach of Federal Securities Laws
The Third Circuit recently clarified the extraterritorial limits of the federal securities laws, as... Read More >
CMS Proposes Home Health Physician Documentation Templates
In the most recent updates to the Medicare Home Health Prospective Payment System,[1] CMS made... Read More >

Federal Court News

CME Group Exchanges Revise Position Limit Rules

The Chicago Mercantile Exchange, Chicago Board of Trade, New York Mercantile Exchange and Commodity Exchange have revised their position limit rules by removing provisions that formerly deemed a market participant to have violated a position...

Cardiocom, LLC v. Robert Bosch Healthcare Systems,

Takeaway: To successfully assert secondary considerations such as commercial success and industry praise, Patent Owner must establish a nexus between the claimed invention and the commercial success or...

McConnell and Alexander Introduce NLRB Reform Act

Immediately after last November’s mid-term elections, we reported on some of the labor law changes Republicans might attempt once gaining control of the Senate.  See our prior post ...

PTO Litigation Center - Patent Trademark Office

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...

Supreme Court Overturns Inference of Vesting of Bargained Retiree Benefits

Earlier this week, the Supreme Court issued its opinion in M&G Polymers USA v. Tackett, addressing the question whether a collective...

Statements Regarding Live Scientific Debate Still Subject to False Advertising C

Eastman Chemical Company v. PlastiPure, Inc.

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will not immunize such...

State Court News

New Illinois Laws in 2015

1)         Referendum Required to Close Fire Facility - HB 4418 amends the Illinois Municipal Code. Effective January 1, 2015, cities or villages are now prohibited...

Ohio EPA seeks comments on US Army Corps of Engineers’ Report

Ohio EPA is seeking public comments on a U.S. Army Corps of Engineers’ report entitled “Influence of Open-Lake Placement of Dredged Material on...

The California Court of Appeal, Fourth Appellate District, in Ruiz v. Moss Bros.

The California Court of Appeal, Fourth Appellate District, in Ruiz v. Moss Bros. Auto Group, Inc., recently affirmed an order denying a petition to compel arbitration where the employer failed to present...


by: Neil Robson of Katten Muchin Rosenman LLP

On January 28, the Dutch regulator (Authority for Financial Markets (AFM)) announced that the Alternative Investment Fund Managers (AIFM) Directive’s Annex IV reporting obligation has been postponed for non-EU managers...

by: Brian Mahany of Mahany Law

Federal Medicare guidelines require that pharmacies and hospitals submit their “usual and customary” price for prescriptions billed to the federal...

Fourth EU Money Laundering Directive Endorsed by European Parliament
by: Neil Robson of Katten Muchin Rosenman LLP

The Fourth Money Laundering Directive (4MLD) of the European Union has been endorsed by two key European Parliament committees, which now means that EU countries must implement the changes within two years (i.e., it is...