Mondaq Latest Added Articles

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How To Conduct Patent Search In India? 
Intepat IP Services Pvt Ltd

The Indian Patent Advanced Search System, InPASS, was introduced on 27.02.2015. Prior to InPASS, IPAIRS [Indian Patent Information Retrieval System] was used to conduct patent search in India.
Pokémon Go Back To Work! 
Littler Mendelson

Pokémon Go has taken the United States and the rest of the world by storm, with an estimated 75 million downloads in the first three weeks since its release.
Certificados de incapacidad por maternidad: Nuevas normas operativas para su expedición 
Littler Mendelson

La asegurada que se encuentre en estado de gestación podrá solicitar la expedición de "Certificado Único" de incapacidad hasta por 84 días.
New Maternity Leave Regulations 
Littler Mendelson

The Mexican Social Security Institute recently published Circular 10/16 to announce new regulations for the issuance of maternity leave certificates.
Is All "Fair" In Fashion And Appropriation? 
Procopio Cory Hargreaves & Savitch LLP

On July 12, 2016, New Mexico Federal Judge Bruce D. Black granted another partial win to Urban Outfitters in the infamous, Navajo Nation v. Urban Outfitters.
Flash Freezing A Hot Market: BC Imposes Additional Property Transfer Tax On Foreign Entities 
Lindsay Kenney LLP

On Monday, July 25, 2016, the BC government announced legislative amendments to the Property Transfer Tax Act.
BP Case Reflects FERC's Broad View Of Its Jurisdiction 
Akin Gump Strauss Hauer & Feld LLP

On July 11, 2016, the FERC issued an order affirming an Administrative Law Judge's Initial Decision finding that BP America and certain affiliated entities violated FERC's prohibition on market manipulation, the Anti-Manipulation Rule.
Employers Should Take Note – The Interim Report On Ontario's "Changing Workplaces Review" Is Now Available For Comment 
McCarthy Tétrault LLP

The Interim Report kicks off the next phase of the province-wide consultation on modernizing Ontario's Employment Standards Act, 2000 and Labour Relations Act, 1995.
Massachusetts Adds Teeth To Equal Pay Obligations 
Littler Mendelson

On July 23, 2016, the Massachusetts Legislature passed the Act to Establish Pay Equity. The stated purpose of the Act is to increase wage transparency and bridge the gender gap with regard to wages.
NLRB Requires Specificity In Management-Rights Clauses 
Littler Mendelson

When drafting a collective bargaining agreement, employers often insist on a management-rights clause.
Tax Case Sparks Shareholder Derivative Suit 
McDermott Will & Emery

A company never litigates in a vacuum: statements in pleadings or court papers and testimony by company officials can be used against the company in parallel or subsequent proceedings, even unrelated cases.
Federal Court Grants Full Civil Trial To FERC Enforcement Target  
Morgan Lewis

The decision will likely affect the strategies of enforcement targets in electric market manipulation cases.
A New Domain Name Option For The Insurance Industry 
Carlton Fields

Global insurance industry members have a new online tool—the ".insurance" domain name extension.
Changes to Compensation Rules for Tax-Exempt Entities  
Poyner Spruill LLP

Special rules apply to compensation arrangements of tax-exempt entities. If the arrangement does not comply with the rules, then the amount of compensation subject to the arrangement is taxed to the employee as soon as it is vested
Democratic Platform Reveals Influence Of Bernie Sanders 
Fox Rothschild LLP

Marcel L. Groen was featured in the Reading Eagle article, "Democratic Platform Reveals Influence of Bernie Sanders."
Clinton Turns To Party's Stars To Quiet Democratic Firestorm 
Fox Rothschild LLP

Marcel L. Groen was featured in the Steelers Lounge article, "Clinton Turns to Party's Stars to Quiet Democratic Firestorm."
What Is The Difference Between A Business Name And A Trademark? 
Stites & Harbison PLLC

For that matter, what about fictitious names, dbas and trade names?
Commissioner's Decision clarifies support requirements for humanized antibodies, signalling change in CIPO practice 
Smart & Biggar/Fetherstonhaugh

The Manual of Patent Office Practice discusses antibodies as a "special topic"; no other molecule is set apart this way.
Democratic National Convention: Day Two 
Fox Rothschild LLP

Marcel L. Groen was featured in the Reading Eagle article, "Democratic National Convention: Day Two."
Proposed Regulations Under Section 355 Clarify Device And Active Trade Or Business Requirements For Spin-Offs 
Proskauer Rose LLP

If promulgated as proposed, the proposed regulations will affect distributing corporations and their shareholders and security holders in spin-offs, split-offs, and split-ups that occur on or after final regulations are published.
FLSA Compliance For Franchises…And The Joint Employer Tightrope 
Seyfarth Shaw LLP

In May, the long awaited Department of Labor's revisions to the FLSA's white collar exemption rules were published and have many employers, including franchisors, concerned with compliance.
Tax Credits Available To Approved Neighborhood Assistance Program Projects 
Lewis Rice

Missouri businesses can claim a 50%, or in some cases 70%, credit against Missouri income tax for donations to approved Neighborhood Assistance Program (NAP) projects.
Daily Kickoff: Jewish Dems To Launch Super PAC - Oren Declines To Advise Trump 
Fox Rothschild LLP

Marcel L. Groen was featured in the Jewish Journal article, "Daily Kickoff: Jewish Dems to Launch Super Pac | Oren Declines to Advise Trump."
Legal Privilege Strategy For Cyber Risk Management – Part 2 
Borden Ladner Gervais LLP

A financial institution's cyber risk management activities may result in sensitive communications and documents that the institution's personnel expect will remain confidential.
BC Government Targets Foreign Buyers with Massive Tax Hike  
McMillan LLP

On July 25, 2016, the BC government announced Bill 28 – Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016.
DNC Notebook: Trump No Champion Of Workers, Says Sen. Casey 
Fox Rothschild LLP

Marcel L. Groen was featured in The Tribune-Democrat article, "DNC Notebook: Trump No Champion of Workers, Says Sen. Casey."
Offshore Investment Fund Property Rules Clarified by the Tax Court  
McMillan LLP

The recent decision of the Tax Court of Canada in Gerbro Holdings Company v. The Queen ("Gerbro") is the first judgment to consider the application of the offshore investment fund property rules ...
DNC 2016: Pennsylvania Delegation Stood Up Twice By Scheduled Speakers 
Fox Rothschild LLP

Marcel L. Groen was featured in the Times Leader article, "DNC 2016: Pennsylvania Delegation Stood up Twice by Scheduled Speakers."
Hillary Clinton Has Become The First Woman Nominated By A Major Party For President  
Fox Rothschild LLP

Marcel L. Groen was featured in the Pittsburgh Post-Gazette article, "Hillary Clinton Has Become the First Woman Nominated by a Major Party for President."
No Doubting Thomases Allowed!  
Womble Carlyle

Expert appraisers have testified that the proposed development will not adversely affect values of properties adjacent to this new development.
Ontario's Changing Workplaces Review Interim Report: Last Chance To Provide Your Input 
Norton Rose Fulbright Canada LLP

Last year the Ontario government initiated the Changing Workplaces Review (Review), which it intends as the first step towards identifying potential reforms of the Employment Standards Act, ..
Browsewrap Agreement Held Unenforceable – Website Designers Take Note! 
Proskauer Rose LLP

In Nghiem v Dick's Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was "sandwiched" between two links near the bottom of the third column of links in a website footer.
Fair Housing Defense Blog: Responses to Your Questions  
Fox Rothschild LLP

Fair Housing Defense Blog: Responses to Your Questions
Experts Weigh In On Title IX Transgender Regulations 
Fisher Phillips LLP

In the article, "Experts Weigh in on Title IX Transgender Regulations," featured in Akron Legal News, Sarah Moore defines "What It Means to Be Transgender?" and discusses the challenges faced by these individuals.
July 26, 2016: Chairman Of The Pennsylvania Democratic Party Marcel Groen 
Fox Rothschild LLP

Marcel L. Groen was featured in the Audio Boom article, "July 26, 2016: Chairman of the Pennsylvania Democratic Party Marcel Groen."
Remuneration: Recent And Relevant Experience 

The Working Group suggests that there is a need for a 'recent and relevant experience' test, as exists for audit committees.
Wittman v. Koenig 
Stoll Keenon Ogden PLLC

The Seventh Circuit interprets a Wisconsin exemption statute applicable to annuity contracts.
FERC Goes Back to the Drawing Board on Data Collection Rule 

On July 21, 2016, the Federal Energy Regulatory Commission (FERC) proposed a new data collection rule that would require market-based rate (MBR) sellers and entities trading virtual products or holding firm transmission rights (FTRs) in wholesale electric markets ...
Baffling Credit Union Fraud Cases Teach Lessons 
Fox Rothschild LLP

Christopher J. Pippett was featured in the Credit Union Times article, "Baffling Credit Union Fraud Cases Teach Lessons."
Debbie Wasserman Schultz Heckled At Convention Breakfast 
Fox Rothschild LLP

Marcel L. Groen was featured in the Financial Spots article, "Debbie Wasserman Schultz Heckled At Convention Breakfast."
Article 29 Working Party On The EU-US Privacy Shield: A Number Of Concerns Remain But Let's See How It Works 
Foley Hoag LLP

The EU's Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?
Richard Hsu Interviews Mike Hintze, Chief Privacy Counsel, Microsoft  
Shearman & Sterling LLP

Richard Hsu Interviews Mike Hintze, Chief Privacy Counsel, Microsoft
Top Reasons BSA/AML Programs Fail and How to Ensure Yours Doesn't 
Brown Smith Wallace

Financial institutions of all sizes were levied with high fines over the past few years due to non-compliance with anti-money laundering requirements resulting in increased supervisory attention on BSA/AML regulations by federal banking agencies.
WilmerHale Partner Peter Buckland: When A Convertible Note Reaches Maturity (Video Content) 

There could be a number of different results, such as having to pay the money back or that it might be convertible to equity.
WilmerHale Partner Daniel Zimmermann: What Are Founders' Shares (Video Content) 

"Founders' shares" are simply common stock issued to founders at or near the time the company is formed.
WilmerHale Partner Peter Buckland: What Is A Down Round (Video Content) 

A down round typically means that the valuation of the current round of financing is lower than the valuation of the previous round, and it can have a number of different consequences.
Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration 
Carlton Fields

The court compelled arbitration, holding that arbitrability was to be decided in arbitration under the terms of the arbitration clause in the engagement letter.
WilmerHale Partner Daniel Zimmermann: What Is Pre-Seed Funding (Video Content) 

This type of funding is seen in convertible note financings and SAFEs.
Hong Kong SFC Enforcement Action Highlights Conflicts Of Interest Of Connected Persons 
Mayer Brown JSM

A recent disciplinary proceeding brought by the Securities and Futures Commission (SFC) of Hong Kong against the investment manager (the Manager) of an SFC authorised exchange traded fund (ETF) highlights the importance of ensuring that interest received on a deposit made by, or on behalf, of an SFC authorised fund with a connected person matches prevailing commercial rates for a deposit of that size and term.
WilmerHale Partner Glenn Luinenburg: What Is Acqui-Hiring (Video Content) 

Acqui-hiring, or talent acquisition, is the process of acquiring a company in order to recruit its employees.
Minimising employer redundancy obligations 
Swaab Attorneys

It is possible for employers to apply to minimise their statutory redundancy obligations to staff whom they retrench.
Canada's Gain From Brexit Brain Drain 
Aird & Berlis LLP

Nothing is going to happen for a few months at least. On July 13, Theresa May was declared the new Prime Minister, after David Cameron announced his resignation immediately following the vote.
Ow Bunker - A Global Overview - USA 
Clyde & Co

The collapse of marine fuel trader OW Bunker & Trading A/S ("OW Bunker") and its affiliates, in November 2014, has resulted in a blizzard of legal proceedings in the United States.
OW Bunker - A Global Overview: Australia 
Clyde & Co

The RES COGITANS decision is not binding on Australian Courts; however, the judgment could be highly persuasive in circumstances where the relevant parties to the contract were Australian entities.
Director prosecuted for involvement in company's underpayment of employee wages and ordered to pay compensation and penalties 
Cooper Grace Ward

The FWO continues to personally pursue directors and HR advisers under the accessorial liability provisions in the FWA.
ADA Title III Lawsuits Up 63% From 2015 
Seyfarth Shaw LLP

In honor of the 26th anniversary of the ADA, we are sharing our mid-year count of ADA Title III lawsuits for 2016 and it's newsworthy: The number of lawsuits filed in federal court is already at 3,435, up 63% from last year's mid-year number of 2,114.
Now You See It, Now You Don't – Trial Court Vacates Class Certification Post-Trial Wiping Out A $32 Million Award  
Lewis Brisbois Bisgaard & Smith LLP

In Mazzei v. The Money Store, 2016 U.S. App. LEXIS 12994 U.S. (Court of Appeals, 2nd Cir., decided July 15, 2016), plaintiff Joseph Mazzei initiated a class action alleging overcharge of late fees on mortgages.
Appeal of NOC Proceeding Dismissed as Moot, Despite Ongoing Section 8 Proceeding (Intellectual Property Weekly Abstracts - Week of July 25, 2016) 
Borden Ladner Gervais LLP

Amgen was unsuccessful in a proceeding brought pursuant to the NOC Regulations.
Before and after work does not count as break periods for union entry 
Cooper Grace Ward

This decision gives more clarity for employers about when unions can enter premises to hold discussions with employees.
OW Bunker - A Global Overview - Brazil 
Clyde & Co

Under Brazilian law, if there is a claim by both the contractual supplier and the physical supplier against the Owners, the latter would have the option to make a deposit in Court...
Talc And The Possible Link To Cancer 
Lewis Brisbois Bisgaard & Smith LLP

The first plaintiff to take her claims to court was Deane Berg, a 56-year-old resident of Sioux Falls, South Dakota in 2013.
Drafting an effective international arbitration agreement – tricks and traps 
Holding Redlich

This article provides an overview of international arbitration before discussing some tricks and traps in an agreement.
Hillary Clinton Campaign Boss: Democratic Party Chair Had Become A ‘Distraction' 
Fox Rothschild LLP

Marcel L. Groen was featured in the Time Magazine article, "Hillary Clinton Campaign Boss: Democratic Party Chair Had Become a 'Distraction.'"
Landlord's promise to renew leases does not give rise to collateral contract or promissory estoppel 
Holding Redlich

Commercial landlords should still be cautious in providing encouragement and assurances outside the terms of a lease.
Approval Of Huge Class Settlement Reversed Based On Conflict Of Interest Of Class Counsel Representing Subclasses With Diverging Interests  
Lewis Brisbois Bisgaard & Smith LLP

Plaintiffs' antitrust claims alleged that the defendants adopted rules that allowed the banks issuing credit cards to impose an artificially inflated interchange fee that merchants had little choice but to accept.
Key Takeaways From The 2016 Proxy Season In The US 
Norton Rose Fulbright Canada LLP

One of the takeaways from the 2016 proxy season was that proxy circulars have developed into a tool for communication to investors.
Insiders: Obama, Warren Will Outshine Clinton In Philly 
Fox Rothschild LLP

Marcel L. Groen was featured in the True Viral News article, "Insiders: Obama, Warren Will Outshine Clinton in Philly."
Ninth Circuit Holds That Fair Debt Collection Practices Act Requires Subsequent Collectors To Issue Rights Notices  
Lewis Brisbois Bisgaard & Smith LLP

In a case of first impression, the Ninth Circuit Court of Appeals held that the Fair Debt Collection Practices Act requires a debt collector to send notice to consumers containing specified disclosures...
Union Leader To PA. Delegates: ‘Let's Unite This Country And Move Forward Together' 
Fox Rothschild LLP

Marcel L. Groen was featured in The Tribune-Democrat article, "Union Leader to PA. Delegates: 'Let's Unite This Country and Move Forward Together.'"
Oregon Court Of Appeals: Manufacturers Are Liable For Asbestos-Containing Replacement Parts Sold By Others  
Lewis Brisbois Bisgaard & Smith LLP

In McKenzie v. A.W. Chesterton Company, et al., 277 Or. App. 728, 2016 App. LEXIS 484 (2016), the Court of Appeals of Oregon reversed summary judgment in favor of defendant Warren Pumps, LLC...
Even After Remijas V. Neiman Marcus, Courts Continue To Dismiss Data Privacy Class Actions For Lack Of Standing 
Lewis Brisbois Bisgaard & Smith LLP

Wendy's filed a motion to dismiss for lack of standing under Article III of the United States Constitution, arguing that Plaintiff's Complaint did not sufficiently allege that he had suffered an injury-in-fact.
Liquidator fabricated key document – High Court 
Chapman Tripp

The finding that a liquidator fabricated a key document, highlights the need for regulation of the insolvency profession.
Local Delegates Talk Unity At Early-Morning Get-Together 
Fox Rothschild LLP

Marcel L. Groen was featured in The Mercury article, "Local Delegates Talk Unity at Early-Morning Get-Together."
Late payment fees for credit cards not penalties, says High Court 
Clayton Utz

The High Court took a broad view of the factors that can be taken into account in determining whether there is a penalty.
Proposed Regulations Under Section 355 Clarify Device And Active Trade Or Business Requirements For Tax-Free Spin-offs 
Proskauer Rose LLP

First, the proposed regulations clarify the "device" test and its relationship to the "business purpose" requirement.
Promised the farm but no succession plan – What are my rights? 
Kott Gunning

In the absence of a documented succession plan, there is a costly battle for children when a parent's promise is broken.
ASX listing rule changes: More fine-tuning required 

From the volume of submissions received in response to the Consultation Paper, more stakeholder discussions are required.
Bad Appellate Brief Writing Tips: How to Alienate the Panel Before You Say a Word  
Fox Rothschild LLP

This article focuses on what not to do if you wish to prevail in an appellate matter. Part of this is, unfortunately ...
Nevada Supreme Court Hands Down Decision Affecting All Employers 
Lewis Roca Rothgerber Christie LLP

The decision has not yet been widely publicized and we suspect many companies in Nevada will be delayed in drafting these necessary revisions.
Defamation actions: What are the costs of partial success? 
Corrs Chambers Westgarth

The cases indicate that parties must give particular and careful thought to offers of settlement in defamation actions.
I think my ex-partner is hiding assets – what should I do? 
HHG Legal Group

Before settlement, parties must provide full and frank disclosure of all relevant financial information and documents.
Foreign judgments, foreign contracts and dangers of jurisdiction clauses 
Cooper Grace Ward

When negotiating a contract with a foreign entity, carefully consider any jurisdiction and choice of law clauses.
Who Is The Author Of A Computer Program? 
Goldman Sloan Nash & Haber LLP

A recent decision of the Federal Court considers what is required to be an author of a computer program.
Estate planning in blended families 
Watkins Tapsell

A Mutual Wills agreement becomes a contract to which the Will beneficiaries (the children) have a right of enforcement.
Buying or selling property? Recent tax changes 
Watkins Tapsell

Recent changes focus on cracking down on foreign investors and attempting to reduce the rising threat of identity fraud.
Initial Board Of Directors And New Implementation Timelines Announced For Canada's Securities Regulatory Regime 
Osler, Hoskin & Harcourt LLP

In an important step towards implementing Canada's Cooperative Capital Markets Regime, the participating jurisdictions have made the long awaited announcement of who will serve as the initial Board of Directors...
Ten Handy Copyright Tips  
Lewis Roca Rothgerber Christie LLP

2.Treat works created outside the U.S. the same way you treat works created inside the U.S.—get permission if at all possible.
3D Cinema Systems: Commission Suspends Remedial Orders Pending Final Resolution Of PTAB Decision 
Morrison & Foerster LLP

On July 21, 2016, the Commission issued remedial orders in the 939 Investigation, but suspended those orders with respect to certain claims that had been found unpatentable by the Patent Trial and Appeal Board (PTAB).
Reasonable steps to protect personal information - 5 key lessons from the Privacy Commissioner's determinations 
Corrs Chambers Westgarth

Under Australian privacy laws, organisations need to implement 'reasonable steps' to protect any personal information.
Privacy Cases To Watch In 2016: Midyear Report 
Fox Rothschild LLP

Scott L. Vernick was quoted in the Law360 article, "Privacy Cases To Watch in 2016: Midyear Report" on July 22, 2016.
Inducement And Risk Of Liability For Worldwide Sales 
McDermott Will & Emery

The jury returned a damage award based on LifeTech's worldwide sales.
Software patent wars: A new hope 
Shelston IP

This APO decision upheld the patent eligibility of an invention relating to software functionality in a gaming machine.
Regulators Consider The Use Of Private Placements As A Bid Defensive Tactic 
Torys LLP

Under Canada's new takeover bid regime, takeover bids must remain open for a deposit period of at least 105 days, unless abridged by the target board in certain cases.
New Threshold Requirements For Methane Emissions From Landfills 
Smith Gambrell & Russell LLP

On July 15, 2016 the U.S. EPA released its new source performance standard (RIN2060-AM08) for landfills built or modified after July 17, 2014 for methane emissions.
No Rehearing On Dual Use PTAB Panels  
McDermott Will & Emery

Judge Newman dissented, stating that the plain text of the AIA expressly divides IPR into two distinct phases, to be heard by two distinct entities.
June 2016 Quarter CPI Figures Released 

In this quarterly Alert, Meryl Snow and Craig Willey highlight the key areas of interest for landlords and tenants.
Intellectual property & the pharmaceutical industry: Interview for the Annual Pharmaceutical Law, Reform & Regulation Conference 2016 
Shelston IP

A Principal from Shelston IP discusses the current issues surrounding patent law and the pharmaceutical industry.
Cutting It Close – Passengers Found Negligent For Booking Close Connections 
Alexander Holburn Beaudin + Lang LLP

There are many ways in which passengers book air travel. Some use travel agents or tour companies, while others choose to book their travel online.
Claim Terms With No Specialized Meaning In The Art Always Linked To Specification 
McDermott Will & Emery

The Court also found that the claims were not otherwise identical in scope—a prerequisite for applying the doctrine of claim differentiation.
How do I know if I am in a de facto relationship in Western Australia? 
HHG Legal Group

A de facto relationship is one where two people not married to each other live together in a marriage-like relationship.

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