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By James Anderson
District court patent defendants often request a parallel inter partes review ("IPR") proceeding at the U.S. Patent Office to challenge the validity of the patent at issue.
By Madeline Rea
Earlier this month, the U.S. Supreme Court invited the Solicitor General to file a brief expressing the government's views on a petition for certiorari asking the Court to decide whether ERISA permits a cause of action for indemnity or contribution by an individual found liable for breach of fiduciary duty.
By Joshua Newville, Anthony Drenzek
According to Wyatt, that program has now been expanded to all regions, with the goal of examining all new registrants.
By Jonathan Richman
The Delaware Supreme Court requested further consideration of the federal due-process issues that might arise where a court is asked to hold that a shareholder derivative action is precluded because a prior derivative action was dismissed based on the first plaintiff's failure to make a demand on the company's board before filing suit.
By Guy Brenner, Sunghee Sohn
On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs.
By Brittany Benavidez
A unanimous New York Court of Appeals recently held that the acceptance of an auction bid for the sale of a syndicated loan may constitute a final and binding trade, even if there is language indicating that the agreement is "subject to" the execution of a mutually acceptable, written agreement.
By Richard M Corn, Michael Fernhoff, Abraham Gutwein, Martin Hamilton, Anne Kim, David S. Miller, Amanda Nussbaum, Amy Drais
On December 27, 2016, the Treasury Department (Treasury) and Internal Revenue Service (IRS) released final regulations regarding the determination of ownership of a passive foreign investment company ("PFIC") and regarding certain exceptions to the annual PFIC reporting requirements (the "PFIC Regulations").
By Harris Mufson, Marissa A Mastroianni
On January 13, 2017, the Sixth Circuit in Verble v. Morgan Stanley Smith Barney, LLC, declined an opportunity to be the third federal appellate court to address the definition of "whistleblower"...
By Zachary Chalett
In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016...
By Jacquelyn Ferry
On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased...
By Connie Bertram, Amy Blackwood, Emilie Adams
This week, the Department of Homeland Security ("DHS") issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by various federal agencies to strengthen safeguarding requirements for sensitive government information.
By Robert Leonard, Michael Hackett, Anthony Drenzek
On January 12, 2017, the staff of the Office of Compliance Inspections and Examinations of the SEC released its annual announcement on examination priorities in the coming calendar year.
By Lawrence Weinstein, Daniel Werb, Tiffany Woo
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC.
By Evandro Gigante, Laura Fant
The proposed guidance includes specific examples of conduct that, in the EEOC's view, would and would not constitute unlawful discrimination under the covered laws.
By Scott Abeles
There is no need to presume classwide impact if these factors are met, because the court set forth a mathematical proof of such impact, as in the following example.
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