The decree implementing French Law No. 2011-2012 on the Strengthening of Health Protection for Medicinal and Health Products (the decree), known as the Loi Bertrand or the French Sunshine Act, was issued on 21 May 2013. Its...
Emerging Legal News Headlines:
By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have the agency issue a determination pursuant to section 111 of the federal Clean Air Act, 42 U.S.C...
A New York administrative law judge recently held in Matter of C.V. Starr & Co., Inc. that income received by a taxpayer from its ownership of common stock was investment income. In so holding, the ALJ...
Last week, CMS published a final rule implementing the ACA’s medical loss ratio (“MLR”) requirements that will...
As a result of the intricate details and requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), it comes as no surprise that HIPAA Privacy and Security Rules can...
The Word: Cloture
Definition: A Senate procedure used to end a filibuster. It has become, essentially, a vote to end debate on a certain piece of legislation.
Used in a Sentence...
ENERGY AND CLIMATE DEBATE
It was the tale of the two chambers this week in Congress with the House falling down party lines and the Senate coming together in a bipartisan fashion. The House voted for the 37...
April 4, 2013
CFPB Money Transfer Complaint Database Opens
The CFPB announced that its consumer response team now accepts money transfer complaints. To submit a money transfer complaint, the...
Employers who sponsor both a 401(k) or other defined contribution plan and a defined benefit pension plan may be able to offer participants a lifetime income benefit that is already largely in place. Such employers can permit terminating...
New statute aims to promote favorable business climate and may provide broader protection of information under Texas law.
On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...
On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will...
In a highly-anticipated decision that was expected to clarify the test for eligibility of software patents under 35 U.S.C. § 101, in CLS Bank Int’l v. Alice Corp.,1 a divided en banc panel...
Recently issued guidance addresses the unique compliance issues surrounding expatriate health plans under the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (ACA).
...In a number of incremental steps, the PRC government has been easing restrictions on the cross-border movement of RMB. The latest step for the private equity industry is the Renminbi Qualified Foreign Limited Partner Program (“RQFLP...
Implementation of the Affordable Care Act
On May 13th Republicans on the House Energy and Commerce Committee issued a report suggesting that new individual insurance plan costs could rise by over 400...
Last Friday, May 16, 2013, the Senate Judiciary Committee held “Day Three” of the markup of the Comprehensive Immigration Reform Bill under review by the Senate, S. 744. The Committee unanimously approved Senator Patrick...
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 Electronic Fund Transfers Act, 15 U...
On May 7, 2013, the Court of Appeals for the District of Columbia rejected the National Labor Relation Board’s (NLRB) ongoing attempts to create a far-reaching rule that would require all employers to post an NLRB-created notice at the...
The agency tasked with establishing cybersecurity standards and guidelines for all federal agencies—the National Institute of Standards and Technology (NIST)—published a major update to its standards late last month, titled NIST...
The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA)....
Leading the Past Week
The conflation of three scandals clearly tainted President Obama with the Washington Post’s “...
On May 8, 2013, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services issued an...
A Barnes and Thornburg legal alert analyzing yesterday's New Vista NursingThird Circuit case regarding recess appointments ...
Jennifer Hermansky has published an analysis of Senator Leahy’s Amendment 2 to the Comprehensive Immigration Reform Bill on ...
Federal Court News & National Administrative Law Issues:
The very first US patent, “LOCOMOTIVE STEAM-ENGINE FOR RAIL AND OTHER ROADS”, Inventor: John Ruggles, was issued on July 13, 1836. Fast-forward to December 28, 1976, when the 4 millionth US patent was issued, titled “...
On May 15, James R. Wigand, Director, Office of Complex Financial Institutions of the Federal Deposit Insurance Corporation (FDIC) testified before the U.S. Senate Subcommittee on National Security and International Trade and Finance. In his...
In another groundbreaking decision against the NLRB, the Third Circuit has followed the D.C. Circuit's reasoning in Noel Canning regarding presidential recess appointments and as a consequence, has found former Board member...
Changes in ISO New England Inc.'s (ISO-NE) Day-Ahead Energy Market Schedule To Take Effect Next Week
ISO New England Inc. (ISO-NE) last week notified the Federal Energy Regulatory Commission (FERC) that its new day-ahead energy market...
The Leahy-Smith America Invents Act I (AIA), signed into law on September 16, 2011, represents the first major legislative overhaul to the United States patent laws in 60 years'. The implementation of the AIA...
Selecting an annuity provider for a defined contribution plan may seem more difficult than other fiduciary decisions. In this article, we discuss whether this perception of the fiduciary’s obligation is correct and then identify...
OIG continues its aggressive interpretation of scope and effect of exclusion from participation in Federal health care programs and clarifies several open questions.
On May 8, the Office of Inspector General (OIG) of...
Next month marks the 50th anniversary of the Equal Pay Act, which was signed into law by President John F. Kennedy on June 10, 1963. At the time, women earned about 59 cents for every dollar paid to their male counterparts. To correct this...
In its January 11, 2013 Regulatory and Examination Priorities Letter (2013 Letter), the Financial Industry Regulatory Authority (FINRA) includes variable annuity sales practice issues as among the “key...
On May 15, 2013, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that...
On May 7, the department’s Employee Benefits Security Administration announced an advance notice of proposed...
Division of Investment Management's guidance reminds firms to comply with conditions and representations in exemptive orders and notes that consequences for noncompliance may be "severe."
In early May...
The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural...
Youth with disabilities, like all young people, should grow up expecting to work and succeed. It’s critical that parents, educators and other influential adults reinforce this expectation, and the messages can’t start early enough. Of...
On April 5, 2012, the Jumpstart Our Business Startups Act or “Jobs Act” was signed into law by President Obama with the stated purpose of increasing American job creation and economic growth by improving access to the public capital...
With the start of the Atlantic hurricane season only two weeks away, experts across the board are predicting another active season. Today, ...
During an open meeting on May 16, the Commodity Futures Trading Commission adopted a final rule establishing core principles and other requirements for swap execution facilities, which will become effective 60 days after publication in the...
Many public companies have found social media sites to be invaluable platforms for communication with customers and investors, but those added benefits have come with some potential pitfalls. In the absence of SEC guidance...
The U.S. Environmental Protection Agency (EPA), Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA) National Council on Skin Cancer Prevention provide sun safety tips for 'Don’t...
On May 15, Michael S. Gibson, Director, Division of Banking Supervision and Regulation of the Federal Reserve, testified before the Subcommittee on National Security and International Trade and Finance of the U.S. Senate Committee on Banking,...
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 gross understatement. The claims at issue were found unpatentable by a narrow margin, and the...
The Essential Worker Immigration Coalition (EWIC), a coalition of businesses, trade associations, and other industry organizations that support reform of current U.S. immigration policy, has issued two recent statements in connection with the...
State Court News & State Administrative Law Issues:
Do you ever find yourself worrying that, given the types of things minors deem appropriate to post on social networking Web sites like Facebook and Twitter, our country won’t be able to produce an electable candidate for president in 40...
Artistotle didn’t think much of the idea of paying interest:
εὐλογώτατα μισεῖται ἡ ὀβολο...
As expected, the New York City Council has passed the Earned Sick Time Act, which, if enacted, will require most City employers to provide job-protected sick leave, whether paid or unpaid, to the more than 1.6 million employees who currently do...
Senate Bill 10, the Government Reorganization and Efficiency Act, was introduced back in January 2013. It’s received a lot of attention since then for some of its more controversial provisions. Namely, it...
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 Superior Court affirmed the DEP’s authority to approve an exemption from the Highlands Act...
New York State Department of Labor has released proposed regulations under its recently enacted Wage Deduction Law. The Law, which went into effect in November 2012, permits employers to deduct certain amounts from employees’ wages,...
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 improvement contract to Cruz Contractors, LLC. The contract was awarded by the Passaic Valley...
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 equity of qualifying emerging technology businesses. In cases where an investment is made before a...
The fiscal challenges faced by Florida in recent years have made the political climate more favorable for the use of Public-Private Partnerships (P3s). Recognizing the successful use by the Florida Department of Transportation of its authority...
XG Sciences Inc. of Lansing has used its proprietary know-how to improve lithium-ion battery capacity by a factor of four over conventional anodes. Using graphene nanoplatelet anode material not only improves charge storage capacity, but it also...
The United States District Court for the Northern District of Mississippi denied the motion of defendant ACA Financial Guaranty Corporation (ACA) to dismiss a class action complaint, finding that the issues were previously adjudicated adversely...
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...
Massachusetts recently became one of a number of states to legalize the use of marijuana for medical purposes. Regulations issued by the Massachusetts Department of Public Health are effective on May 24, 2013, enabling individuals to register to...
This week, Minnesota’s Governor Mark Dayton signed into law legislation known as “Ban the Box.” The law is prohibits most private employers from asking...
It should be obvious to anyone reading these words that it is never a good idea to lie to a court of law. That's a pretty basic concept, right? Lying in court documents is called "...
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...
International Legal News & Immigration Law News:
New Growth and Infrastructure Act introduces employee shareholder provisions that are expected to come into force later this year.
On 25 April, the Growth and Infrastructure Act 2013[1] came into...
To read Part 1 on this blog topic, ...
The summer solstice has come and gone, and now we can reflect on what has been a busy summer for patents. Fall, however, could be an even busier season in the patent world, and now is a good time for medtech companies to prepare. This article...
Since 2008, Brazilian patent law has provided for the prioritized examination of patent applications when:
1. An applicant can show:
a. He or she is over sixty (60) years in age...
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,...
On March 4, 2013, India’s Intellectual Property Appellate Board (IPAB) upheld the country’s first compulsory license to a pharmaceutical product. Specifically, the decision upheld a compulsory license issued to Natco Pharma Ltd...
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...
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....
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...
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...
Featured Articles:
Who Should Be Upstream Without a (Greek) Paddle?
On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and...
A trustee or debtor in bankruptcy may sell the bankrupt debtor’s property with bankruptcy court approval under §363 of the Bankruptcy...
Chinese trade secrets theft, although extensive, has generally focused on US businesses.
...
If you have a website or a mobile app that is viewed or downloaded by a California resident or if your entity has ties to California, you must...
The California Corporations Code endows corporations with certain rights, including the right to “adopt, use and alter” a seal. ...
The Supreme Judicial Court (SJC) recently affirmed the Massachusetts Appeals Court’s ruling that a commercial landlord whose tenant...
On May 20, 2013, comprehensive immigration reform legislation cleared a significant hurdle toward passage with a ...
Gaming tribes, particularly tribes conducting only Class II gaming, should take notice of the publication by the National Indian Gaming Commission...
On May 13, 2013, the Patent Office issued a ...
Insurance policyholder partner Seth D. Lamden authored "Determining the Number of...
EB-2 category for all chargeable areas other than China and India remains current, with considerable forward movement—but continued...
OSHA has issued an interpretive letter that states an employer with a non-union workforce may nevertheless have to allow a union representative...
Can you imagine an issue that Speaker of the House John Boehner and the President of the UFCW agree on? Well, we may have found it and you’d...
On May 8, 2013, the San Diego Regional Water Quality Control Board approved a new municipal separate storm sewer system (MS4) permit that will...
Those of us in a certain age bracket will remember Mutual of Omaha’s “Wild Kingdom” television program that first began in 1963...
Now that the stress and anxiety of H-1B cap is over, F-1 students whose H-1B petitions have been selected and are pending (or even approved) are...
The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the...
In a recent blog on Technori.com, Venture Best Co-chair, Paul Jones talks about Pay to Play Issues. Please see the link below to view the full...
Yesterday’s post discussed virtual currencies (e.g., Bitcoin) and the General Corporation’s law prohibition on...
In December 2011, Russia implemented legislative changes establishing a specialized intellectual property (IP) Court. The purpose of the IP Court...
On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) issued revised guidance for employers regarding individuals with specific...
Last Friday in Washington D.C., I had the pleasure of joining four other CMOs for an ...
On May 10, 2013, the Court of Appeals for the Federal Circuit (CAFC) issued its decision in CLS Bank International v. Alice Corp...
In the months before it took effect, there was a great deal of political finger-pointing and intense debates on the looming sequester. The...
At long last, the New Jersey Division of Taxation has released its proposed regulation for sourcing receipts from services. Appearing in the April...
The National Labor Relations Board (NLRB) has posted a summary of decisions for the week of May 6-10, 2013 on their website. The summary can be...
I’ve been seeing an increasing number of references to Bitcoin and other forms of virtual or crypto currencies in the news. For...
Headquartered in Kalamazoo, Michigan, Stryker Corporation is a manufacturer of surgical instruments, including image guided "navigation...
The new EB-5 Program office in Washington, DC, went “live” on Monday, May 6, 2013, and stakeholders are waiting anxiously to determine...
Club management's challenge in structuring a guest policy is balancing competing interests reflected in the following hypothetical comments:...
As widely reported, the Centers for Medicare and Medicaid Services (“CMS”) recently issued regulations implementing the Sunshine Act...
Introduction
Private companies in the United States use sponsored research programs to accomplish various goals. Of course, the...
The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether...
The Office of Federal Contract Compliance Programs (OFCCP) has ...
On May 10, the Office of the Comptroller of the Currency (OCC) issued Bulletin OCC 2013-13, which is intended to...
In a measure to keep up with the changes made by the Americans with Disabilities Amendments Act (ADAAA) in relation to what employees and...
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Latest Legal News & Legal Analysis:
