May 28, 2015

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May 27, 2015

May 26, 2015

FEATURED ARTICLES

Failure to Obtain Required Retailer Approval Scuttles Target-MasterCard Data Bre
Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been... Read More >
U.S. Supreme Court Further Clarifies Indirect Infringement Standards
The Supreme Court in the last several years has taken an activist approach to the area of patent law, granting certiorari in many more... Read More >
Data Breach Insurance: Does Your Policy Have You Covered?
Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under... Read More >
Casino City Press Releases 2015 Indian Gaming Industry Report
Dr. Alan Meister has released his 2015 Indian Gaming Industry Report. This is the thirteenth edition of the Report and is widely regarded as the best... Read More >
Form BE-10 Filing Deadline Looms re: Foreign Investments by U.S. Persons
Every five years, the Bureau of Economic Analysis of the US Department of Commerce (BEA) conducts a survey concerning the extent of investment abroad... Read More >
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 >
DCAA’s 4th Annual Report to Congress Will Look Familiar to Many…
The Defense Contract Audit Agency (DCAA) recently issued its Fourth Annual Report to Congress... Read More >
Getting What You Don't Ask For: The Perils of ADA Accommodation by Inference
A case out of the federal court of Maine provides a useful reminder that employers cannot put... Read More >
Breaking News: Fair Pay and Safe Workplaces Proposed Rule and Guidance Released
The Department of Labor has released proposed guidance to assist with implementation of... Read More >
Fifth Circuit Decision Leaves Injunction on Obama Administration’s Deferred Acti
A Tuesday, May 26, 2015, decision by the Fifth Circuit Court of Appeals has upheld an injunction on... Read More >
EPA Issues Federal Waters Rule
As foreshadowed in an alert we issued a year ago, today (May 27, 2015) the Obama... Read More >

Federal Court News

A Permit System May Finally Arrive for the Migratory Bird Treaty Act – New Oppor

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them....

U.S. Supreme Court Rejects Indefinite Tolling of False Claims Act

Yesterday, in Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter, 575 U.S. __ (2015), the Supreme Court settled two important questions under the False Claims Act (the...

OFCCP Posts New Sample AAP Web Page

The Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") has posted a new Sample Affirmative Action Programs Web page that contractors subject to Section 503 of...

Tibble v. Edison International Decision Finds Ongoing Duty to Monitor Investment

The Supreme Court holds that ERISA’s limitations period does not bar an alleged breach for failure to monitor a plan’s investments.

Background

On May 18, the...

Commil USA, LLC v. Cisco Systems, Inc.

The U.S. Supreme Court ruled on May 26, 2015, that a defendant accused of inducing the infringement of a patent cannot rely on a good-faith belief in the patent’s invalidity as a defense to liability. This ruling enhances...

State Court News

Ohio Supreme Court Rules City of Cleveland’s Taxation

On April 30, 2015, out-of-state professional football players earned victories against the City of Cleveland, Ohio.  In a pair of cases decided by the Ohio Supreme Court, the court first struck the City’s method of...

New York Introduces Regulations Concerning Use of Payroll Debit Cards

Like many states before it, New York today published new proposed regulations to provide “clarification and specification as to the permissible methods of payment [in New York], including [the use of] payroll debit...

INTERNATIONAL LAW NEWS

Outsourcing Experts: Vietnam Is the Next Big Destination
by: Vito Petretti and Benjamin B. Kabak of Morgan, Lewis & Bockius LLP

While India and China remain the most popular outsourcing destinations, experts have been eying smaller Asia/Pacific countries as potential areas for growth as costs in the two outsourcing powerhouse nations continue to rise....

What the Home Battery Could Mean for Africa
by: Thomas L. Cubbage III of Covington & Burling LLP

The African continent is revolutionizing itself as the place where no infrastructure is no problem. This began in the telecommunications field: Africa lacks a robust system of landlines, which...

CFTC Staff Issues No-Action Letters Relating to Swaps Trading Platforms in Austr
by: Ross Pazzol and Paul C. Huddle of Katten Muchin Rosenman LLP

On May 19, the Commodity Futures Trading Commission issued two no-action letters granting relief to certain swaps trading platforms in Australia and participants executing...