August 21, 2018

August 20, 2018

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FEATURED ARTICLES

FIRRMA Foreign Investments In U.S.
With its roots in the Exon-Florio Amendment to the Defense Production Act, the Committee on Foreign Investment in the United States (CFIUS), is... Read More >
Immigration, Eb-1 visa
As of July 18, 2018, the Visa Control and Reporting Division of the U.S. Department of State (DOS) advised that due to heavy worldwide... Read More >
tesla, buyout, insolvency, funding, saudi arabia
Tesla’s Elon Musk has a long history of overpromising and under-delivering.  In spite of being a 15-year-old company, which has... Read More >
ADA, disability accommodations
Teenagers are not the only ones dissatisfied when their pleas of “why” are met with a “because I said so.” It turns out that... Read More >
EPA Scott Pruitt Clean Water Act
On June 26, 2018, in one of his final acts as Administrator of the U. S. Environmental Protection Agency (“EPA”), Scott Pruitt issued a... Read More >
Evictions Lease Rental Law
The nationwide trends of stagnating wages and increasing housing costs has led to an increased risk of evictions for renters across the country.... Read More >
hurricane, maria, relief, PR, puerto rico
The stakes were very high: Puerto Rican refugees, victims of Hurricane Maria were about to become homeless as FEMA planned to cancel it’s... Read More >
children, ftc, coppa, changes, ersb
The Federal Trade Commission (FTC) approved modifications to the video game industry’s Children’s Online Privacy Protection Act (COPPA)... Read More >
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cms, aco, risk, payment, improve
On August 9, 2018, CMS introduced a proposed rule that would substantially overhaul the Medicare... Read More >
truck, utah, class action
The U.S Court of Appeals for the Tenth Circuit recently vacated a Utah district court’s finding... Read More >
tax puzzle, irs, qbi
On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act into law. One of the most... Read More >
investments, broker-dealer, best practice, fiduciary duty
On July 11, 2018, the Office of Compliance Inspections and Examinations (OCIE) of the SEC published... Read More >
bankruptcy, ch 11, proceedings, duration, fitch, research
Most observers of the world of chapter 11 bankruptcy cases – and particularly those professionals... Read More >

Federal Court News

6th cir, individual arbitration, barred, court

Three months ago, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that the National Labor Relations Act (“NLRA”) does not prevent the use of arbitration agreements with class...

time-bar, cafc, ipr, ptab, overturned, review

On August 16, 2018, the Federal Circuit held that the one-year time bar under 35 U.S.C. § 315(b) for initiating Inter Partes Review (IPR) proceedings challenging validity of a patent is triggered by service of a complaint,...

patent, 101, reversal, "abstract ideas", training, examiner, ptab

The PTAB decision reversing the Examiner’s s. 101 rejection in Ex Parte Schwartz, Appeal 2017-004975 (August 2, 2018) both demonstrates the need for more Examiner training on the ever-changing definition/identification of an...

patent, Hollywood

The case of Rearden LLC et al. v. The Walt Disney Company et al., Nos. 3:17-cv-04006, 04191 & 04192 (N.D. Cal.), has been covered more in the Hollywood Reporter than in legal publications, but it is both a “...

pharmacy, female, CVS
by: Nicole Su

In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them...

State Court News

sec, quarterly, 6-month, reporting, market

Last Friday, President Trump tweeted that he has asked the Securities and Exchange Commission to study stopping quarterly reporting and going to a six-month reporting system.  A few years back, I ...

cancer, carcinogen, prop 65, research

One week after a San Francisco jury decided against Monsanto and awarded a plaintiff $289 million due to the alleged exposure that caused his cancer, the California Supreme Court refused to hear any further challenges by...

burger suitcase, california, meal breaks

On August 13, 2018, in Ehret v. WinCo Foods, the California Court of Appeal held that a provision in a collective bargaining agreement...

INTERNATIONAL LAW NEWS

isda, jurisdiction clause, competing, contracts

The Court of Appeal in Deutsche Bank AG v Comune di Savona [2018] EWCA 1740 has clarified the position as regards competing jurisdiction clauses, particularly when considering swaps and derivatives and The...

oil barrel, mexico, obradon

Participants in Mexico’s oil and gas industry are continuing to assess the implications for their sector following the country’s recent election win by President-elect, Andrés Manuel López Obrador, who has criticised the...

cricket, spirit of the game, opponent, australia, england

You are a bowler playing in a Somerset Cricket League fixture. The batting team needs five runs to win but giving up two runs will provide the batsman his maiden ton.

Do you:

    ...