In ...
Emerging Legal News Headlines:
The impact of Super Storm Sandy will be felt for many years. The New Jersey State Legislature appears eager to share the stage of leadership with Governor Christie by enacting new laws to assist in recovery efforts but also to plan for the...
Recently, Attorney Mark High spoke to the Rotary Club of Windsor (1918) about “Building an International Business Region”. His talk focused on the new developments at the border and how they will impact the business region in the near...
In the last issue of Construction inSites, the concept of substantial completion and its importance to contractors and owners was discussed. A related topic that was not discussed, however, is the certificate of substantial...
When I joined the Department of Corporations, it had no website. I remember reviewing possible designs for a site. Now, it seems hard to imagine that there was a time when state agencies didn’t have websites. Today, the...
The U.S. Court of Appeals for the Third Circuit recently issued a non-precedential opinion affirming a finding that alleged food labeling claims asserted against Johnson & Johnson were expressly preempted by the Food, Drug &...
A company without an employee handbook is like a sandwich without bread holding it together. A strong employee handbook can preempt or diminish litigation by fostering an orderly and tolerant company culture. When you begin drafting your...
The Senate took a step closer to confirming five nominees to the NLRB this week when the Health, Education, Labor, and Pensions Committee (HELP) Committee voted to...
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) protects all "individually identifiable health information," commonly referred to as protected health information (...
With Governor Nixon’s signature on May 16, 2013, the state of Missouri has adopted legislation modifying its captive insurance law. The legislation, Senate Bill 287, will allow the formation of sponsored captive insurance companies,...
The Board of Commissioners for Huron County have resolved to not take any more action regarding wind energy projects until Michigan clarifies the legislation and taxation of wind turbine. (See background in previous blog posts: ...
Motions to strike testimony of Defendant’s Expert and Plaintiff’s rebuttal expert were denied by Judge Jones in this patent dispute over a interface technologies. Two paragraphs comprising 373 words described the intention...
For the last 27 years, bankruptcy courts in the Ninth Circuit consistently held that debt could not be recharacterized as equity unless the movant proved inequitable conduct by the debt holder. On April 30, 2013, the Ninth Circuit Court of...
In response to industry complaints about the length of time it can take to appeal matters within the FDA, and the lack of documentation for the basis of some decisions, last summer Congress included provisions in the FDA Safety and Innovation Act...
The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). ...
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...
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...
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...
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...
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...
Federal Court News & National Administrative Law Issues:
Those of us in a certain age bracket will remember Mutual of Omaha’s “Wild Kingdom” television program that first began in 1963. The Emmy Award-winning show’s first run ended in 1986, and the show went into production...
On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) issued revised guidance for employers regarding individuals with specific disabilities: cancer, epilepsy, diabetes and intellectual disabilities.
The guidance reflects the...
On May 10, 2013, the Court of Appeals for the Federal Circuit (CAFC) issued its decision in CLS Bank International v. Alice Corp., which many had hoped would clarify the law as to what constitutes patent-eligible...
In the months before it took effect, there was a great deal of political finger-pointing and intense debates on the looming sequester. The sequester, a plan implemented through the Budget Control Act of 2011, affects every “program, project...
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 accessed by visiting the NLRB's website ...
The new EB-5 Program office in Washington, DC, went “live” on Monday, May 6, 2013, and stakeholders are waiting anxiously to determine if the centralization of the EB-5 program will improve service, reduce processing times and further...
The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new...
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...
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).
...A key policy goal of the Patient Protection and Affordable Care Act (the “Act”) is the expansion of health insurance coverage to all Americans. The concepts of “minimum value” and its correlate “...
It is widely assumed that if a contract, note or other instrument is signed by a corporation’s president and its secretary, it will not be invalidated as to the corporation by any lack of authority of the signing officers. After...
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 U.S. Departments of Labor, Health and Human Services, and the Treasury recently issued new guidance and templates regarding the summary of benefits and coverage requirement under the Patient Protection and Affordable Care Act.
The U.S...
As widely reported, the Centers for Medicare and Medicaid Services (“CMS”) recently issued regulations implementing the Sunshine Act provisions of the Affordable Care Act. These regulations require medical device and...
Introduction
Private companies in the United States use sponsored research programs to accomplish various goals. Of course, the research produced by these programs can advance technology in a way that can improve the company’s...
The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the...
The Office of Federal Contract Compliance Programs (OFCCP) has issued a notice regarding the date...
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...
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...
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...
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...
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...
State Court News & State Administrative Law Issues:
Yesterday’s post discussed virtual currencies (e.g., Bitcoin) and the General Corporation’s law prohibition on issuing or putting into circulation money. But what exactly is money? The General...
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...
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)....
At long last, the New Jersey Division of Taxation has released its proposed regulation for sourcing receipts from services. Appearing in the April 15 New Jersey Register, the proposed regulation reflects a customer-based sourcing approach for...
I’ve been seeing an increasing number of references to Bitcoin and other forms of virtual or crypto currencies in the news. For example, Jeffrey Sparshott and Robin Sidel of the Wall Street Journal ...
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...
International Legal News & Immigration Law News:
In December 2011, Russia implemented legislative changes establishing a specialized intellectual property (IP) Court. The purpose of the IP Court is to ensure the proper adjudication of IP disputes which are notorious for their complexity....
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...
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:
One of the most common questions we get is "What is the going rental rate for a cell tower lease?" It varies, and there are key factors...
Move over Snow White. A deeply-divided Federal Circuit in CLS Bank Int’l. v. Alice Corp. Pty. Ltd.,...
Estate planning is the process of designating, during your life, the disposition of your assets upon your death in a manner that attempts to...
Department of Labor Guidance on Required Notice to Employees Regarding Health Insurance Exchanges
Under the ...
Regulatory bodies and laws
Aviation in the United States is regulated primarily by the Department of Transportation ...
Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened...
On a recent trip with my son to an extreme sports facility, I was presented with a rather lengthy form that I was asked to sign before my son...
The French legal system provides a variety of ways to secure the involvement of employees in the growth and profits of their company, including...
Recent developments in the courts, Congress and in jurisdictions outside the U.S. suggest that the obligations of companies to disclose their use...
Employee compensation or remuneration for inventions developed and patented during course of their employment is a complicated and often expensive...
A recent survey by construction data firm BidClerk revealed that construction activity in Illinois’ major metropolitan regions grew...
On May 8, 2013, the U.S. Department of Labor (DOL) published Technical Release No. 2013-02, which provides temporary guidance addressing the...
As immigration reform moved toward approval by the Senate Judiciary Committee on May 21, 2013, another stand-alone bill ...
Towns up and down the New Jersey Shore are pressing oceanfront property owners to sign a Deed of Dedication and Perpetual Storm Damage Reduction...
On May 8, the National Labor Relations Board (NLRB) issued an advice memorandum that further clarified its...
The nonpartisan Congressional Budget Office (CBO) released a ...
“The single biggest and most common compliance weakness is the lack of a timely and thorough risk analysis.”
...
On May 21, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a notice of...
On May 10, 2013, the U.S. Treasury Department and Internal Revenue Service (IRS) issued final Treasury...
In September 2012, the California State Legislature enacted SB 1186 in an effort to cut back on opportunistic litigation and encourage compliance...
This action by a business against former employees contained a copyright claim and a plethora of state law claims relating to a software program...
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...
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...
Headquartered in Kalamazoo, Michigan, Stryker Corporation is a manufacturer of surgical instruments, including image guided "navigation...
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:
