May 25, 2015

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FEATURED ARTICLES

Eight Hours to be an FMLA “Overnight” Success
How long must an employee be in the hospital to satisfy the “overnight stay” requirement of the FMLA?  “[F]or a substantial... Read More >
Edison International Using Rooftop Solar to Help Modernize It's Grid
SunEdison, Inc. has secured 20-year power purchase contracts with Southern California Edison to build 33 megawatts of rooftop arrays on industrial... Read More >
Fashion Friday – Gaining Insight Through The Practice Of Oversight
Few thoughts are supposed to pass through your mind when deep in the trance of Adho Mukha Svanasana, least of all whether your pants are leaving... Read More >
UPDATE: Ice Cream Recall Begets First Lawsuit
In April 2015, Blue Bell Creameries announced a full, nationwide recall of all its products.  It didn’t take long for a lawsuit... Read More >
Nation’s Wind Power Potential Assessed in DOE Report
On Tuesday, May 19, Energy Secretary Ernest Moniz announced the release of Enabling Wind Power Nationwide. The report is a comprehensive look at wind... Read More >
Energy Technology Connections Newsletter
Leaders in the News Congratulations to Canaccord Genuity on completing a recent public offering for BioAmber! In addition to... Read More >
Patent Safe Harbor Applies To Supplemental New Drug Applications
On May 13, 2015, the Federal Circuit confirmed in Classen Immunotherapies, Inc. v. Elan Pharmaceuticals, Inc. that the safe harbor provisions of 35 U... Read More >
United States and Japan Form Cybersecurity Alliance in Hopes of Building Interna
On April 28, the United States and Japan reached an agreement to form a cybersecurity alliance between the countries. Faced with the growth of... Read More >
Premium Processing Is Taking a Summer Vacation!
USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions... Read More >
FINRA Requests Comment on Proposed Amendments to Rules Governing Communications
Ross Pazzol
The Financial Industry Regulatory Authority issued Regulatory Notice 15-16 to solicit comments on... Read More >
 SEC Proposes Amendments to Form ADV and Performance Information Recordkeeping R
Sean J Hill
On May 20, 2015, the Securities and Exchange Commission (SEC) released proposed amendments... Read More >
Division of Investment Management Issues Cybersecurity Guidance-- Securities and
On April 28, 2015, the staff of the Division of Investment Management of the SEC published a... Read More >
Ruby Tuesday to Pay $100,000 to Settle EEOC Sex Discrimination Lawsuit
International restaurant chain Ruby Tuesday, Inc., will pay $100,000 and implement preventative... Read More >

Federal Court News

McPhee Electric and Bond Brothers to Pay $120,000 to Settle EEOC Disability Disc

 McPhee Electric Ltd., a construction company with offices in Connecticut, and Bond Brothers, Inc., a construction management and design company with an office in Connecticut, will pay $120,000 to settle a disability...

Denying institution For Not Qualifying for Covered Business Method Review CBM201

Takeaway: When determining whether a patent is eligible for covered business method patent review, the focus is on what the patent claims.

In its Decision, the Board denied institution of the...

FDA releases additional draft guidance regarding implementation of BPCIA

On April 28, 2015, FDA released three final versions of guidance documents relating to biosimilars that were initially released in February 2012. One of the guidances provided Questions and Answers regarding implementation of...

Large Secondary Market Transaction Allegedly Gone Awry

In a complaint filed last week in the United States District Court for the Southern District of New York, Plaintiff Britannia, LLC sued Avon Capital, LLC and Tranen Capital Alternative Investment Fund, Ltd. in connection with a...

PTO Litigation Center Report – May 22, 2015

Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM).  Since the last report, no new requests for ex partereexamination at the...

State Court News

Florida Passes Law Requiring Contact Information on Websites

On May 21, 2015, Florida Governor Rick Scott signed the True Origin of Digital Goods Act with bipartisan support in both the...

Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing...

District Court Imposes Divisibility Cap on Superfund Liability

A Wisconsin district court has ruled that NCR Corporation’s liability for contamination in the Fox River is limited to NCR’s share of contamination contributed to the river.

In the first case to explore...

INTERNATIONAL LAW NEWS

The CSMAD: Forthcoming Changes to EU Market Abuse and Insider Dealing Rules
by: Neil Robson of Katten Muchin Rosenman LLP

On July 3, 2016, the European Union’s Market Abuse Regulation (MAR) will replace the EU’s Market Abuse Directive (MAD). The directive on criminal sanctions for insider dealing and market manipulation...

European Commission Launches Review of EMIR
by: Nathaniel W. Lalone of Katten Muchin Rosenman LLP

On May 21, the European Commission (EC) issued a consultation paper (CP) as part of its review of the European Market Infrastructure Regulation (EMIR). Article 85(1) of EMIR requires the EC to prepare a report by August 17...

Top Ten Factors For Effective Leadership In The Middle East – A Personal Perspec
by: Labor and Employment Practice Group of Squire Patton Boggs (US) LLP

Unlike many other regions in the world the Middle East is characterised by a diverse range of nationalities and different cultures. Official estimates suggest that the United Arab Emirates (UAE) alone are host to some 200...