August 23, 2017

August 23, 2017

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August 22, 2017

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August 21, 2017

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FEATURED ARTICLES

Delaware Court of Chancery Extends Business Judgment Rule Deference to Controller Transactions Involving Third-Parties: In re Martha Stewart Living
On August 18, 2017, the Delaware Court of Chancery granted defendants’ motion to dismiss a class action brought by former minority stockholders... Read More >
Russia, USA
The U.S. Embassy and Consulates in Russia announced that “[a]s a result of the Russian government’s personnel cap imposed on the U.S... Read More >
graduates, campus misconduct, demonstrations
In the wake of the deadly Charlottesville protests, institutions of higher education are under heightened pressure to prepare their campuses for... Read More >
Russia, U.S. Mission in Russia to Temporarily Halt Visa Services
On Monday, August 21, 2017, the U.S. Embassy in Moscow announced that starting August 23 all nonimmigrant visa operations across Russia... Read More >
trump, skyscraper, chicago
Chicago, a sanctuary city, is challenging the Trump Administration’s ability to deny it needed law enforcement funds. The battle between the... Read More >
erased usa entry, russia, application interruption
The U.S. Embassy in Moscow announced on Aug. 21, 2017, that all nonimmigrant visa operations temporarily will be suspended beginning on Aug. 23, 2017... Read More >
immigration concept board, i9 forms, dhs
The Department of Homeland Security (DHS) has issued yet another update to the Form I-9, Employment Eligibility Verification. This new version... Read More >
keyboard, blue, government, contract
The recent settlement of a noteworthy “contractor-on-the-battlefield” case should serve as a cautionary tale to government contractors... Read More >
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uber, ftc, privacy
Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”)... Read More >
stock trades, finance
10b5-1 trading plans can be a valuable tool in wealth building by permitting an executive to trade... Read More >
stock listing, martha stewart
A few years ago in Kahn v. M&F Worldwide1 (MFW), the Delaware Supreme Court provided a public... Read More >
nutrition label on plate, fda, menu labeling
On August 14, the federal government, through the Department of Justice (DOJ), filed a Statement of... Read More >
medical device, fda, device labeling
The U.S. Food and Drug Administration (FDA) recently issued a final guidance titled “Qualification... Read More >

Federal Court News

gavel, connecticut, eeoc

On August 22, 2017, a federal trial judge injected uncertainty into the ability of in-house counsel to communicate with company employees during an Equal Employment Opportunity Commission (EEOC) investigation. In EEOC v....

two, gavels, man, holding back, pedestal

In early August, the United States Court of Appeals for the Fifth Circuit issued two decisions regarding class and collective action waivers.  Like its earlier decisions in D.R. Horton, Inc. and Murphy Oil USA, Inc...

tablet, patent, internet, computer

Last week, the Federal Circuit held computer memory system patent claims not abstract and thus patent-eligible under Section 101, reversing a lower court dismissal of the case under Rule 12(b)(6).  ...

red, flag, white, cross, switzerland

On August 14, 2017, the United States District Court for the District of Columbia (DC District Court) decided Starr International Company, Inc. v...

State Court News

money in stethoscope, medicaid, ohio

The Ohio Senate met on Aug. 22 in a veto override session to take up the 11 veto overrides by the Ohio House on July 6 . These 11 overrides are part of the 47 vetoes the governor issued to HB 49 (Smith) and signed on June 30....

cybersecurity, new york, dfs

If you are one of the many businesses licensed by the New York Department of Financial Services (DFS), and cannot avail yourself of the (very) limited exemptions, you must be ready for the first compliance transition date for...

pipeline, standing rock, tribal law

The State Bar’s Indian Law Section will hold its annual continuing legal education program on Friday, Sept. 29, 2017, at the Legendary Waters Resort on the Red Cliff Reservation. In addition to the traditional legislative and...

INTERNATIONAL LAW NEWS

cybersecurity, kenya, finance

On August 18, 2017, the Central Bank of Kenya (“CBK”) used its authority under Section 33(4) of the Banking Act to publish a Guidance Note on identifying and mitigating cyber risk.  The Guidance Note directs institutions...

gavel icon, eu, cjeu

According to Advocate General Nils Wahl’s opinion, delivered on July 26, in the Court of Justice of the European Union’s (CJEU) case Coty Germany GmbH v Parfümerie Akzente GmbH (case C-230/16), suppliers of luxury...

light bulb, idea, litigation, trial

This is part 2 in our multiple part series examining Bolar and Bolar-like exemptions in U.S. as well as in a number of foreign jurisdictions.  Part 1, the Bolar Exemption in the U.S., can be found ...