June 25, 2018

Appeals Court Offers Path for Challenging ZBA’s Failure to Act by: Brian C. Levey and Dylan J. King
Michigan Repeals Prevailing Wage Act by: Christina K. McDonald
In-Building Wireless Reception—Creative Solutions Wanted by: C. Douglas Jarrett
ML Strategies Health Care Preview Week of June 25th by: Eli Greenspan and Katie Weider
Case Closed: Nonprofits Eligible for Brownfields Tax Credits for Pre-... by: Dylan J. King and Jeanine L.G. Grachuk
“The Executive Order Has No Clothes!” Lawyer Moms of America Speak... by: Eilene Spear
Ambush Marketing and the 2018 FIFA World Cup by: Sports & Entertainment - Squire Patton Boggs
MassDEP Poised to Regulate PFAS in the Drinking Water and Site... by: Jeanine L.G. Grachuk
EPA Issues Final Rule Delaying Compliance Date for Human Subjects... by: Timothy D. Backstrom and Lisa M. Campbell
Drone Wars As Innovation and Interest in UAV Technologies Rise... by: Joshua Fruchter
Weekly IRS Roundup: June 18 – 22 by: Tax Practice Group McDermott Will Emery
Cheers to 80 Years: Celebrating the Anniversary of the Federal Food,... by: Ebunola Aniyikaiye and Lauren A. Farruggia
Ambulance Chasing Through Data Sharing? Health App Accused of Sharing... by: Cameron Abbott
Tariffs Wreak Havoc with The Auto Industry by: Jeffrey A. Soble
EPA Celebrates Anniversary of Lautenberg Act by Releasing Final CBI... by: Government Regulation
Former Masterchef Contestant Falls Victim to Online Fraud Attack by: Cameron Abbott and Keely O'Dowd
Health Care Policy Newsletter - June 25, 2018 by: Theodore H. Bornstein and Michael K. Crossen
Rounding Numbers; Let Me Count The Ways by: Keith Paul Bishop

June 24, 2018

June 23, 2018

June 22, 2018

FEATURED ARTICLES

FIFA World Cup Ambush Marketing Advertising

Ambush Marketing and the 2018 FIFA World Cup

by: Sports & Entertainment - Squire Patton Boggs

The 2018 FIFA World Cup has now kicked off in Russia after much anticipation. So far, it has not failed to entertain, ensuring a number of dramatic... Read More >

lawyer moms of America, day of action, keep families together

“The Executive Order Has No Clothes!” Lawyer Moms of America Speak Out About Immigration Policy and Plan Action

by: Eilene Spear

News of children being taken away from their parents as both are sent to immigration detention centers has dominated the news cycle over the past few... Read More >

Supreme Court Resolves Constitutionality of SEC’S ALJ Appointments — Now What?

by: Coates Lear and Elizabeth Weil Shaw

Last week, the United States Supreme Court settled a circuit split regarding the constitutionality of the appointment of Administrative Law Judges (... Read More >

Supreme Court Update: Lozman v. City of Riviera Beach, Rosales-Mireles v. United States, Chavez-Meza v. United States

by: Kim E. Rinehart and Tadhg A.J. Dooley

The Court handed down two of the second-tier blockbusters of the term, this morning: South Dakota v. Wayfair (No. 17-494), reversing Quill... Read More >

State Investments in Electric Vehicle Charging Infrastructure

by: Jake Levine

Various studies indicate that an overall lack of charging infrastructure serves as an impediment to the widespread adoption of electric vehicles (EVs... Read More >

cell phone, fourth amendment, search and seizure, SCOTUS

Supreme Court’s Carpenter Decision Requires Warrant for Cell Phone Location Data

by: James Garland and Alexander A. Berengaut

In a decision that defines how the Fourth Amendment applies to information collected in the digital age, the Supreme Court today held that police... Read More >

border control, immigration bills, house, legislation

U.S. House of Representatives Debates U.S. Immigration Policy

by: Robert Y. Maples

On Thursday, the U.S. House of Representatives began debate on two immigration bills aiming to enhance border and interior enforcement of immigration... Read More >

ALJ Judge Upholds OCR’s $4,348,000 Data Breach Penalty on Texas Hospital

by: Daniel J. Kagan

HIPAA has teeth. On June 1, 2018, an Administrative Law Judge (ALJ) ruled that the University of Texas MD Anderson Cancer Center... Read More >

Drone Wars As Innovation and Interest in UAV Technologies Rise Questions of Regulatory Jurisdiction Hover

by: Joshua Fruchter

The popularity of drones has exploded, with investment in the technology becoming increasingly... Read More >

EPA Issues Final Rule Delaying Compliance Date for Human Subjects Policy by Six Months; Institutions May Utilize Three Burden-Reducing Provisions During the Delay

by: Timothy D. Backstrom

and

Lisa M. Campbell

On June 19, 2018, sixteen federal agencies, including the U.S. Environmental Protection Agency (EPA... Read More >

Cheers to 80 Years: Celebrating the Anniversary of the Federal Food, Drug, and Cosmetic Act

by: Ebunola Aniyikaiye

and

Lauren A. Farruggia

Eighty years ago today, President Roosevelt signed the Federal Food, Drug, and Cosmetic Act (“FD... Read More >

Rounding Numbers; Let Me Count The Ways

securities, earnings, rounding, integer, bias

by: Keith Paul Bishop

Last week, Dave Michaels at The Wall Street Journal reported that the Securities and Exchange... Read More >

U.S. Supreme Court Opens the Door to Allow Patent Owners to Recover Foreign Lost Profits

SCOTUS, Patent infringement, foreign lost profits

by: Tamara Fraizer Ph.D.

and

Jeremy W Dutra

The United States Supreme Court ruled on Friday that a patent owner can, at least in some... Read More >

VIEW MORE FEATURED ARTICLES >

Emerging Legal News

ML Strategies Health Care Preview Week of June 25th

by: Eli Greenspan and Katie Weider

In-Building Wireless Reception—Creative Solutions Wanted

by: C. Douglas Jarrett

Appeals Court Offers Path for Challenging ZBA’s Failure to Act

by: Brian C. Levey and Dylan J. King

Weekly IRS Roundup: June 18 – 22

by: Tax Practice Group McDermott Will Emery

EPA Celebrates Anniversary of Lautenberg Act by Releasing Final CBI Guidance, Animal Testing Strategy, and Final Mercury Reporting Rule

by: Government Regulation

Health Care Policy Newsletter - June 25, 2018

by: Theodore H. Bornstein and Michael K. Crossen

PRA Publishes Policy and Supervisory Statements on Algorithmic Trading; FCA Publishes List of Overseas Cooperation Agreements for Outsourcing Portfolio Management

by: John Ahern and Carolyn H. Jackson

NFA Proposes Amendments to Compliance Rule 2-9(c) and Interpretive Notice: Compliance Rule 2-9: FCM and IB Anti-Money Laundering Program

by: Kevin M. Foley and Timothy D. Nolan

Upcoming Legal Education Events

Tuesday, June 26, 2018

U.S. Supreme Court Round-up: From the Travel Ban to Employment Arbitration, the Impact of Justice Gorsuch, and More

Wednesday, June 27, 2018

Issuer 15c2-12 Disclosure Management

Friday, July 13, 2018

The Interaction of the GDPR with PSD II and other Financial Regulations

Friday, July 13, 2018

Cloud Control: Strategies for Addressing Common Problems in Cloud Computing Deals

Federal Court News

Nonprofit Brownfield Remediation Massachusetts

Case Closed: Nonprofits Eligible for Brownfields Tax Credits for Pre-2006 Cleanups

by: Dylan J. King and Jeanine L.G. Grachuk

Massachusetts’ top court has given finality to a 2017 ruling by the Massachusetts Appeals Court that nonprofits are eligible for transferrable brownfields tax credits for remediation conducted prior to 2006. By denying further...

Supreme Court Update: Gill v. Whitford, Benise v. Lamone

by: Kim E. Rinehart and Tadhg A.J. Dooley

As we await tomorrow's batch of opinions, let's take a moderately deep dive into Monday's partisan-gerrymandering decisions, Gill v. Whitford (No. 16-...

NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act

by: James M. Auslander and Casey Clausen

National environmental groups recently filed a pair of new lawsuits in New York federal district court seeking to expand the scope of liability for “incidental take” under the Migratory Bird Treaty Act (“MBTA”).^[1...

Seeking Attorneys’ Fees Under the Patent Act? Early and Clear Notice of an Opposing Party’s Deficient Litigation Conduct Is a Prerequisite for a Successful Motion

by: Christopher W. Adams and Jeremy W Dutra

The Federal Circuit recently issued a precedential decision in Stone Basket Innovations, LLC v. Cook Medical LLC...

Update: 5th Circuit Confirms Decision To Vacate DOL Fiduciary Rule

by: Robert A. Stone and Gabriel S. Marinaro

After much anticipation, the US Court of Appeals for the Fifth Circuit on Thursday confirmed its earlier decision to vacate the Department of Labor’s “fiduciary advice rule.”

The controversial rule...

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to Correct Culverts

by: Erika L. Holsman

In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...

State Court News

michigan, wage laws, prevailing, legislation

Michigan Repeals Prevailing Wage Act

by: Christina K. McDonald

On June 6, 2018, the Michigan Legislature repealed the state’s Prevailing Wage Act through the Michigan Repeal Prevailing Wages and Fringe Benefits on State Projects Initiative (the “Initiative”). Michigan’s Prevailing Wage Act...

drinking water, massdep, legislation, ppt

MassDEP Poised to Regulate PFAS in the Drinking Water and Site Cleanup Programs

by: Jeanine L.G. Grachuk

MassDEP is one step closer to issuing draft regulations this summer regulating PFAS in drinking water with the June 8, 2018, issuance by its Office of Research and Standards of recommended interim toxicity and drinking water...

Legal Whipsaw in Washington Sawmill Case: State Supreme Court Decision Fundamentally Changes the Scope of Liability Under the Model Toxics Control Act

by: Augustus "Gus" E. Winkes and David C. Weber

On May 24, 2018, in a significant decision with far-reaching implications for cleanups at Washington’s contaminated sites, the Washington State Supreme Court narrowed the scope of “owner or operator” liability under the...

INTERNATIONAL LAW NEWS

slater & gordon, medical, healthcare, app

Ambulance Chasing Through Data Sharing? Health App Accused of Sharing Personal Health Information with Law Firm

by: Cameron Abbott

The idea of lawyers “ambulance chasing” seems to have taken on a new form. An investigation by the ABC has revealed how technology is being used to share health information with lawyers to generate work.

The ABC has ...