September 23, 2017

September 22, 2017

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September 21, 2017

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September 20, 2017

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FEATURED ARTICLES

Brexit, UK, EU, Theresa May, negotiations
From the perspective of the EU27 Theresa May’s Florence Speech does not materially change the current status of the Article 50 Withdrawal... Read More >
usa flag wall, travel ban
The Trump Administration reportedly may replace the current travel ban with a country-specific set of restrictions. In June, the Supreme Court... Read More >
overtime clock, dol, trump, white collar exemptions
On July 26, 2017, the Department of Labor (DOL) published a Request for Information (RFI) soliciting public comment on the Fair Labor Standard Act... Read More >
CFIUS, annual Report
The Committee on Foreign Investment in the United States (CFIUS) published its 2015 Annual Report to Congress on Wednesday.  According to the... Read More >
bike accident, California
Front impact bicycle accidents comprise a disproportionate number of crashes causing serious injury or death every year.  Choosing to ride... Read More >
autonomous car, nhtsa, self drive
I. Introduction Recent developments in automated vehicle technologies have generated great excitement from multiple segments of American society,... Read More >
UK, Patent, LItigation
In a decision that appears to have introduced a doctrine of equivalents for the first time, the UK Supreme Court has shifted the laws on patent... Read More >
Trumpcare, Health, Legislation
Congress is now back in session and, once again, focus has turned to health care. With all eyes on returning health care reform to the forefront, a... Read More >
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solar panels, suniva
In response to a petition by bankrupt U.S. solar panel manufacturer Suniva Inc., today the U.S.... Read More >
finance, CFTC, CPO, CTA, DSIO
On September 13, the Division of Swap Dealer and Intermediary Oversight (DSIO or Division) of the... Read More >
SEC, CDI, Division of Corporation Finance
The Securities and Exchange Commission’s (SEC) Division of Corporation Finance (Division) recently... Read More >
finance, finreg, FINRA
Broker-dealers can breathe a collective sigh of relief. The Financial Industry Regulatory Authority... Read More >
paperwork, SEC
On September 15, at the ABA Business Law Section Annual Meeting, the Securities and Exchange... Read More >

Federal Court News

terminated employee, sixth circuit

A school district’s decision to eliminate a teacher’s position while the teacher was out on Family Medical and Leave Act (FMLA) leave may have been pretext to disability discrimination, according to the U.S. Court of Appeals...

intellectual property, venue shopping

On September 21, the US Court of Appeals for the Federal Circuit issued an opinion in In re: Cray Inc. clarifying how district courts should determine whether a patent infringement defendant maintains a “...

patent, IP

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 parte reexamination at the...

gavel, law books, mergers, Delaware, Court of Chancery

In Fortis Advisors LLC v. Shire US Holdings, Inc., No. 12147-VCS (Del. Ch. Aug. 9, 2017), the plaintiff, Fortis Advisors LLC, which was acting as representative (the “Representative”) for the former stockholders of...

bankruptcy, make whole, private placement noteholder

Traditional thinking in the private placement noteholder community has been the “model form” approach to make-whole amounts created an enforceable liquidated damages claim in the event of voluntary or involuntary acceleration...

merger, Spartan, Hunter Technology, fraud

In Sparton Corporation v. Joseph F. O’Neil et al., Civil Action No. 12403-VCMR (Del. Ch. August 9, 2017), the Delaware Court of Chancery granted the defendants’ motion to dismiss in its entirety because the plaintiff...

State Court News

tax, Michigan, tax relief, Hurricane

The Michigan Department of Treasury has announced that it will join taxing authorities across the country by allowing taxpayers affected by Hurricanes Harvey and Irma an extension of time in which to file state tax returns for...

pear in hand, food handling, california

The California Legislature recently passed AB 1461 which, if signed into law, would require all food-handling employees of food facilities that provide meal subscription plans to obtain food handler cards in accordance with...

pipeline explosion, insurance, california

Energy Insurance Mutual Limited v. Ace American Insurance Company, 14 Cal.App.5th 281 (2017); First Appellate District Court of Appeal, Division Four, Case No. A140656 (July 11, 2017). In Energy...

INTERNATIONAL LAW NEWS

brexit, uk, eu, Theresa May

The UK Prime Minister Theresa May has delivered her highly anticipated speech in the...

eu button, european parliament

Summary

Next week will be a political group week and a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will hold meetings with their respective political party...

DPA, UK, GDPR, EU, internet

In line with the EU General Data Protection Regulation (GDPR), the UK has now published a Data Protection Bill, which is intended to “make our data protection laws fit for the digital age…” The Overview Factsheet for...