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United States: Is Willfulness A Prerequisite To Trademark Damages? SCOTUS Hears Oral Argument - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

On January 14, 2020, the Supreme Court heard oral argument in Romag Fasteners, Inc. v. Fossil Inc., et al., in which the Court is poised to resolve a circuit split on whether willfulness...
Mondaq - Published

United States: CFIUS Finalizes FIRRMA Real Estate Transaction Rules - Arnold & Porter

On January 13, 2020, the Department of the Treasury published final rules implementing the Foreign Investment Risk Review Modernization Act's provisions regarding certain foreign investments in real..
Mondaq - Published

United States: Court Rules That University-Provided Housing For A Study Abroad Program Created "Special Relationship" For Tort Liability Purposes - Bowditch & Dewey

On December 18, 2019, the federal District Court for the District of Rhode Island decided that the Rhode Island School of Design ("RISD") ...
Mondaq - Published

United States: Proposed Legislation In Florida Includes Electing Insurance Commissioner And Consumer Data Privacy - Clyde & Co

Florida is considering legislation to establish an elected rather than appointed insurance commissioner and to enact consumer data privacy laws, a gaining trend in the United States.
Mondaq - Published

United States: PTAB - 2019 Year In Review - Foley & Lardner

To wrap up 2019 and usher in 2020 for practitioners who handle Patent Trial and Appeal Board (PTAB) matters, Foley partners Jeanne Gills...
Mondaq - Published

United States: The Wehrum Memo Still Isn't Final Agency Action - Foley Hoag LLP

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the "once in, always in" case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion,...
Mondaq - Published

United States: New State Department Rule Addresses B Visa Travel For Childbirth, Medical Treatment - Fragomen

•The rule requires a consular officer to deny a visitor visa to a pregnant woman if the officer determines that the primary purpose of her trip is to obtain U.S. citizenship...
Mondaq - Published

United States: The Illinois Sustainable Investing Act – A Model For Public ESG Investing? - Mayer Brown

Public Act 101-0473, the Illinois Sustainable Investing Act (ISIA), took effect on January 1, 2020, and requires:
Mondaq - Published

Worldwide: International Trade Court Decisions Signal Limits On Presidential Authority - Steptoe & Johnson LLP

Steptoe partner Eric Emerson authored an article titled "International Trade Court Decisions Signal Limits on Presidential Authority" for Bloomberg Law.
Mondaq - Published

United States: Indiana Supreme Court Reaffirms That The Blue Pencil Doctrine Is An ‘Eraser' For Overbroad Restrictive Covenant Language - Ogletree, Deakins, Nash, Smoak & Stewart

On December 3, 2019, in Heraeus Medical, LLC v. Zimmer, Inc., the Indiana Supreme Court reaffirmed the "blue pencil doctrine," ...
Mondaq - Published

United States: How The Environmental, Social And Governance Standards Are Affecting The Commodities Industry – Key Factors And Action Steps - DLA Piper

Today, however, many other types of investors are using ESG to measure the suitability of investments.
Mondaq - Published

United States: Deal Or No Deal? Acquisitions Of Small Practices By Hospital Systems And Academic Medical Centers: Aligning Two Cultures - Stoll Keenon Ogden PLLC

In recent years, it has become increasingly common for academic medical centers and other hospital systems (hereafter, AMCs) to ...
Mondaq - Published

United States: 2019 False Claims Numbers Show Healthcare Remains High Priority For DOJ Civil Division - Lewis Brisbois Bisgaard & Smith LLP

Raleigh, N.C. (January 23, 2020) - The numbers are in – the Department of Justice (DOJ) recently published its annual breakdown of false claims litigation undertaken by its Civil Division.
Mondaq - Published

United States: Goodbye To The Parking Tax! IRS Authorizes Refunds For Exempt Organizations - Holland & Knight

After the Tax Cuts and Jobs Act of 2017 (P.L. 115-97) added Section 512(a)(7) to the Internal Revenue Code (IRC), the tax imposed by that section quickly became known...
Mondaq - Published

United States: Illinois Court Dismisses Trade Secret Claims Despite Allegations Of Possession Of Confidential Information And Admissions Of Solicitation - Winston & Strawn LLP

In Packaging Corp. v. Patrick Croner, the Northern District of Illinois recently denied a plaintiff's motion for preliminary injunction and dismissed the plaintiff's trade secret claims...
Mondaq - Published

United States: Health Care And Life Sciences Companies May Gain Clarity From Proposed Amendment To California Consumer Privacy Act (CCPA) - Reed Smith

Proposed amendment AB 713, if passed, would hopefully provide clarity to businesses working with clinical research data. The amendment proposes matching CCPA...
Mondaq - Published

United States: OCIE's 2020 Examination Priorities: Variations On Recurring Themes - Mayer Brown

The US Securities and Exchange Commission's ("SEC") Office of Compliance Inspections and Examinations ("OCIE") released its 2020 examination priorities on January 7, 2020.
Mondaq - Published

United States: The Federal Circuit En Banc Expands U.S. Customs And Border Protection's Authority To Enforce Antidumping And Countervailing Duty Orders - Akin Gump Strauss Hauer & Feld LLP

The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) rarely sits en banc to address international trade issues that fall within its subject matter jurisdiction.
Mondaq - Published

United States: ERISA Cases To Watch In 2020: All Eyes On The High Court - McDermott Will & Emery

2020 is shaping up to be a banner year for benefits law, with three ERISA cases already on the US Supreme Court's docket and a number of other high-profile lawsuits at the circuit court level...
Mondaq - Published

United States: NCAA's Consideration Of Training Expenses For Olympic Athletes And Name, Image And Likeness Debate To Take Center Stage At Annual NCAA Convention - Reed Smith

The Olympic and Paralympic athlete rule marks one of several modernization updates that the NCAA is considering instituting to its rules and policies.
Mondaq - Published

United States: DC Employers Must Provide Paid Family Leave Law Notice By February 1, 2020 - Proskauer Rose LLP

We will continue to track developments regarding this law and provide timely updates.
Mondaq - Published

United States: Pryor Cashman Advises Milk Makeup On New Soho Lease - Pryor Cashman LLP

Pryor Cashman client Milk Makeup has entered into a 10-year lease for 17,586 square feet of space at 568 Broadway, effectively moving its headquarters from the Meatpacking district to Soho.
Mondaq - Published

United States: Does Your FIFRA Cost-Share Agreement Avoid Risk? - Rhoades McKee PC

Any agreement that does not fully contemplate relevant regulations has the potential to expose parties to risk and leave money on the table.
Mondaq - Published

United States: Call Center Employees In Massachusetts Win Claim For Sunday Premium Pay - Seyfarth Shaw LLP

A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center...
Mondaq - Published

United States: Additional Employer Obligations Take Effect As DC Paid Family Leave Program Inches Closer To July 2020 Benefit Launch Date - Seyfarth Shaw LLP

The next round of employer obligations - primarily posting and notice requirements - for DC Paid Family Leave ("PFL") takes effect on February 1, 2020.
Mondaq - Published

United States: Massachusetts PFML Quarterly Returns And Contributions Due By January 31, 2020 - Seyfarth Shaw LLP

Yesterday, the Department of Family and Medical Leave (DFML) reported on guidance it received from the Department of Revenue regarding how employers participating in the Commonwealth's Paid Family ...
Mondaq - Published

United States: New York State Department Of Labor Issues Guidance On The Recent Salary History Ban - Seyfarth Shaw LLP

The New York State Department of Labor has issued guidance concerning the recently enacted Salary History Ban.
Mondaq - Published

United States: New Jersey Passes Legislation Requiring Increased Notice And Severance Pay - Smith Gambrell & Russell LLP

On January 21, 2020, New Jersey Governor Phil Murphy signed a bill making New Jersey the first state in the nation to require employers to provide severance to...
Mondaq - Published

European Union: ESMA Guidelines On Risk Factors - Shearman & Sterling LLP

On 1 October 2019, ESMA published on its website its guidelines on risk factors under the Prospectus Regulation.
Mondaq - Published

European Union: Publication Of Amending Directive Relating To Cross-Border Conversions, Mergers And Divisions - Shearman & Sterling LLP

On 18 November 2019, the Council of the European Union announced that it had formally adopted at first reading the proposal for a directive to amend Directive (EU) 2017/1132 as regards cross-border..
Mondaq - Published

European Union: Prospectus Regulation: ESMA Publishes Updated List Of Thresholds Below Which An EU Prospectus Is Not Required - Shearman & Sterling LLP

On 2 December 2019, ESMA published an updated list of thresholds for offers below which no prospectus is required under the PR, in addition to a summary of the national rules applying to offers below..
Mondaq - Published

European Union: New Prospectus Regulation: Updated ESMA Questions And Answers (December 2019) - Shearman & Sterling LLP

On 4 December 2019, ESMA published the third version of its questions and answers on the PR which entered into force on 20 July 2017, and applied in full from 21 July 2019.
Mondaq - Published

United States: Impeachment On A Page – Week Of January 20, 2020 - Dentons

As developments in the Trump impeachment inquiry continue to unfold, Dentons' Public Policy group has created a quick reference guide to the current status of this fast-moving process.
Mondaq - Published

United States: Most Controversial IP Lawsuits Of The Past Decade - Dennemeyer Group

We admit it, Intellectual Property law is usually pretty dry.
Mondaq - Published

United States: Is Your Competitor Objectionable? The Scope Of Immunity Under The Communications Decency Act - Weintraub Tobin Chediak Coleman Grodin Law Corporation

Enigma Software and Malwarebytes develop and sell computer security software nationwide and are direct competitors.
Mondaq - Published

United States: Cedar Rapids: When Business Conference Debauchery Ensues - Ford & Harrison LLP

Anytime employees are sent on business trips, they represent the company. Often, the sanctity of that responsibility is preserved.
Mondaq - Published

United States: Expanded Travel Ban Means New Headaches For Foreign Biz - Withers LLP

President Donald Trump's plan to add more countries to his so-called travel ban list could send major business with foreign companies elsewhere and worsen an already lengthy backlog...
Mondaq - Published

United States: Congress Passes Federal "Ban-The-Box" Law For Federal Agencies And Government Contractors - Akin Gump Strauss Hauer & Feld LLP

Congress has passed the Fair Chance to Compete for Jobs Act of 2019 ("Fair Chance Act") as an amendment to the National Defense Authorization Act, which was enacted on December 17, 2019.
Mondaq - Published

United States: Magistrate Judge Recommends Dismissal In Chase Issuance Trust Usury Lawsuit - Mayer Brown

A United States Magistrate Judge for the United States District Court, Western District of New York, today issued his report and recommendation...
Mondaq - Published

United States: Availability And Benefits Of Shelf Offerings For Public Issuers - Ward and Smith, P.A.

Public issuers may benefit from the use of shelf offerings as an efficient, cost-effective alternative to Form S-1 in order to register...
Mondaq - Published

United States: CMS Issues Guidance To States On 340B Duplicate Discounts - Foley Hoag LLP

Late last year, we noted that the Massachusetts Medicaid program had proposed regulations to address issues related to the prohibition on duplicate discounts in the 340B program.
Mondaq - Published

United States: Final Regulations On Opportunity Zones - Proskauer Rose LLP

On December 19, 2019, the Internal Revenue Service (the "IRS") and the U.S. Department of the Treasury (the "Treasury") issued final regulations (the "Final Regulations") ...
Mondaq - Published

United States: California District Denies Certification Of Race Claim Involving Claimed "English-Only" Restaurant Policy - BakerHostetler

While class actions may prove lucrative for the plaintiffs who bring them, most cases just aren't suitable for class action treatment and many...
Mondaq - Published

United States: FDA To Host Day-Long Public Forum On Testing For Asbestos-Contaminated Talc In Cosmetics - Duane Morris LLP

On January 9, 2020, the U.S. Food and Drug Administration announced that it will host an all-day public forum to discuss testing methods...
Mondaq - Published

United States: WhatsApp At Atrium? A Lot, But Also WhatsApp With You? - Lewis, Thomason, King, Krieg & Waldrop, P.C

Now, I'm certain the 5 or 6 of you still left who haven't been alienated by the long hiatus are a bit miffed about the lack of content over the last couple of weeks.
Mondaq - Published

United States: The 9-1-1 For California Contractors On Personnel Of Record With The CSLB - Lewis Brisbois Bisgaard & Smith LLP

California's Contractors' State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq., requires licensees to provide various pieces of information to the Contractors State ...
Mondaq - Published

United States: New Registration Process For FY 2021 H-1B Filing Season - Ford & Harrison LLP

A new federal rule has created a new electronic registration process for the annual H-1B lottery.
Mondaq - Published

United States: California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket - Lewis Brisbois Bisgaard & Smith LLP

Under California's Contractors' State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq., all contractors' and subcontractors' ...
Mondaq - Published

United States: Department Of Labor Releases New, Narrow "Joint Employer" Rule - Foley Hoag LLP

Last week, the U.S. Department of Labor (DOL) released the final version of its new "joint employer" rule. The rule limits the scenarios in which businesses will be treated as joint employers
Mondaq - Published

United States: FDA And Pharmacy Weekly Digest - January 22 - BakerHostetler

FDA issued an update to the E. coli O157:H7 illnesses linked to romaine lettuce.
Mondaq - Published

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