January 21, 2018

January 19, 2018

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Congress, Government, Shutdown
Late Friday (Jan. 19)  the U.S. Senate failed to pass the House of Representatives approved Continuing Resolution (or CR).  As of January... Read More >
marijuana, federal enforcement
On January 4, 2018, Attorney General Jeff Sessions reversed the Department of Justice’s (DOJ) position on enforcement of federal marijuana laws... Read More >
Sexual Harassment
As sexual abuse, assault, harassment, and other misconduct have dominated national headlines, state capitols and lobbyists have not escaped scrutiny... Read More >
health, benefits, shutdown, contractor, foreign workers, WARN Act
Once again, a government shutdown seems inevitable.  During previous government shutdowns, government agencies and departments issued stop-work... Read More >
search, border patrol, electronic device, "basic", "advanced", encrypted information
On January 4, 2018, U.S. Customs and Border Protection (CBP) issued Directive 3340-049A, governing border searches of electronic devices. CBP... Read More >
Buy American
Following recent efforts by Democrats to push for “Buy American” action, on January 9, 2018, Senator Chris Murphy (D-CT) proudly... Read More >
tax blocks, tcja, htc
On Dec. 22, 2017, President Donald Trump signed into law "An Act to provide for reconciliation pursuant to titles II and V of the concurrent... Read More >
Asheville Hospital Fired Employees for Declining Flu Vaccination, Federal Agency Charged Mission Hospital, Inc., a North Carolina corporation... Read More >
EEOC, Settlement
Car Manufacturer Refused to Hire Laborer Because He Was a Recovering Drug Addict in Medically... Read More >
White House, Government Shutdown
On January 20, 2018, the federal government entered into a partial shutdown following Congress’s... Read More >
USCIS, visa, DHS, government shutdown, fee-based, essential agency
Most operations are either fee-based or considered “essential” and are therefore expected to... Read More >
code, sec, edgar
On December 8, 2017, the SEC adopted a temporary rule (the Temporary Rule) delaying by nine months... Read More >
FTC, annual report, security, threats, security cases, privacy cases
The FTC has released its annual report summarizing its activity during 2017 relating to privacy and... Read More >

Federal Court News

gavel, circuit split

The U.S. Supreme Court is poised to resolve a split between the Seventh and Eighth Circuits related to a federal program that is a well-kept secret. Nothing as intriguing as Russian spies or hacked emails… but, I think,...

IP Litigation, PTO

Listed below are all new filings before PTAB of petitions for inter partes review (IPR) and covered business methods review (CBM).  Also listed are any newly-posted requests for ex partereexamination at the...

Bustos, discrimination, disability, termination, deter discrimination

In Bustos v. Global P.E.T., Inc., (E065869, Cal. Ct. App. January 16, 2018), Plaintiff William Bustos and a number of his co-workers were terminated by Global in an economic layoff.  Bustos sued Global alleging his...

IP, BIP, biosimilar market, Congress, IP claims, federal courts

It has been a few months since we reported on Federal Court wranglings with the Biologics Price Competition and Innovation Act, or BPCIA, which created the nation’s abbreviated marketing pathway for biosimilar products.

food truck, WD, freedom of speech, no compelling government interest

In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs.  Wandering...

patent, IPR, USPTO, PTAB

Listed below are all new filings before the PTAB of petitions 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

Wisconsin, restraint of trade, covenant, strict enforcability

The Wisconsin Supreme Court ruled for the first time in the state’s history that a company’s employee non-solicit provision in a restrictive covenant agreement was subject to Wisconsin’s restrictive covenant statute. In ...

west virginia, legislations

Legislative Action by the Numbers:

708 bills introduced in the House

321 bills introduced in the Senate

2 bills have completed...

new jersey, nursing mother, FLSA, NJLAD

On January 8, 2018, former New Jersey Governor Chris Christie signed new legislation (the “Amendment”) amending the New Jersey Law Against Discrimination (“NJLAD”) to add breastfeeding as a protected class under the law. The...


M&A, China, Hong Kong, US, EC, shipping container

Status: Pending

Acquirer: COSCO SHIPPING Holdings Co., Ltd. (China)

Acquired: Orient Overseas (International) Ltd. (Hong Kong SAR, China)


financial statement, NFA, commodity pool, virtual currencies

On January 18, the National Futures Association (NFA) issued a Notice to inform commodity pool operators that two additional questions concerning virtual currency activities have been added to the cover page of the annual pool...

FINRA, banking, liquidity risk, 48 hour notice, rule 4521

On January 8, the Financial Industry Regulatory Authority (FINRA) requested comment on proposed amendments to FINRA Rule 4521. Currently, Rule 4521(c) requires each carrying or clearing firm to notify FINRA after tentative net...