Category
Index (2870)
May 17, 2016 The FDA seeks to regulate 3D-printed medical devices by Maya M. Eckstein and Paul Nyffeler Published in InsideCounsel As we previously reported, the use of 3D printing for the production of medical devices has become almost commonplace. Indeed, the FDA has approved at least 85 3D-printed medical devices via its 501(k) approval pathway. The FDA, though, has long considered further...
The following article is from National Underwriter’s latest online resource, FC&S Legal: The Insurance Coverage Law Information Center. The Insurance Coverage Law Information Center POLLUTION EXCLUSION APPLIES TO LEAD POISONING CLAIM UNDER CGL POLICY May 25, 2016 Michael S. Levine and Andrew A. Stulce In Smith v. Ga. Farm Bureau Mut. Ins. Co.,[1] the Court of Appeals of...
May 26, 2016 Viewpoint: The Importance of Dissent at the NLRB by Ronald Meisburg Published in SHRM.org Sitting as the lone dissenter on the National Labor Relations Board (NLRB) might seem like a futile exercise. Grinding away on opinions that are critiques of the law as stated by your colleagues can be disenchanting work.But as a former NLRB member, I can attest that dissents are also valuable...
The following article is from National Underwriter’s latest online resource, FC&S Legal: The Insurance Coverage Law Information Center. The Insurance Coverage Law Information Center SECOND CIRCUIT REMINDS CONSUMER PRODUCT COMPANIES THAT INSURANCE OPTIONS EXIST FOR BIG DATA BLUNDERS AND PRIVACY FAUX PAS July 12, 2016 Syed S. Ahmad, Neil K. Gilman, and Paul T. Moura Consumer...
PRO BONO 2015 PRO BONO MATTERS HIGHLIGHTS Syrian refugee children in Greece who benefited from a nonprofit founded by a Hunton & Williams Washington partner. Read more inside. Photo credit: Hendrik de Kok A Victory for Texas Children In 2015, truancy, or “failure to attend school,” was decriminalized in the state of Texas. For years, Texas truancy laws...
June 14, 2016 How Your CGL Policy May Help with Trademark Infringement Litigation by Syed Ahmad and Jennifer White Published in Risk Management Magazine Historically, looking to a commercial general liability (CGL) policy in the face of a trademark infringement suit has proven to be the wrong target for policyholders hoping to recover attorney’s fees or fund settlements. Insurers often...
The following article is from National Underwriter’s latest online resource, FC&S Legal: The Insurance Coverage Law Information Center. The Insurance Coverage Law Information Center SECOND CIRCUIT REMINDS CONSUMER PRODUCT COMPANIES THAT INSURANCE OPTIONS EXIST FOR BIG DATA BLUNDERS AND PRIVACY FAUX PAS July 12, 2016 Syed S. Ahmad, Neil K. Gilman, and Paul T. Moura Consumer...
Litigation Alert: Not All E-Discovery News is Bad October 30, 2014 Not All E-Discovery News is Bad By Kelly Hoversten It’s been said that bad news will travel a thousand leagues, but good news sometimes doesn’t get past the door. So seems to be the case with electronic discovery. It is well-documented that more electronically stored information (ESI) is being saved than ever...
I NT E LLE C T U A L P ROPERTY, P R IVA C Y & E -C O MME R CE A U DIT D O YO U KN O W W H AT IN T E L L E CTUA L PROPER TY Y O U A R E B U Y IN G OR SE LLI NG ? HAV E Y O U DO N E E V E RY T H IN G POS S I BLE T O P R O T E C T Y O UR M OST VALUABLE A S S E T S ? ARE Y O U R E A D Y F O R D U E DIL IG E N CE REV I EW AS PA R T O F A N Y POTE N TIA L PU R C H ASE? F IN A N C IN G? D...
A Legal Guide To TECNOLOGY TRANSACTIONS A Legal Guide To TECHNOLOGY TRANSACTIONS A Collaborative Effort Minnesota Department of Employment and Economic Development Gray Plant Mooty ISBN 1-888404-59-0 A Legal Guide To TECHNOLOGY TRANSACTIONS is available without charge from the Minnesota Department of Employment and Economic Development, Small Business Assistance Office, 1st National Bank...
A Collaborative Effort Minnesota Department of Employment and Economic Development A Legal Guide To The Use Of SOCIAL MEDIA IN THE WORKPLACE The Use Of SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE ISBN 1-888404-61-2 A Legal Guide...
Advertising and Food Alert: The Food, Drug, and Cosmetic Act Does Not Shelter a Beverage Company from Claims of Deceptive and Misleading Food and Beverage Labeling and Advertising June 19, 2014 On June 12, 2014, the Supreme Court, in an 8-0 ruling, held in POM Wonderful LLC v. Coca-Cola Co. that a competitor may sue another under the Lanham Act for unfair competition because of false or...
Health Law Alert: The Deadline for Amending Business Associate Agreements is Quickly Approaching By Jesse Berg and Tim Johnson June 23, 2014 A key change from 2013’s HITECH “Omnibus” Rule was a requirement that Business Associate Agreements (“BAAs”) be modified to reflect the latest revisions to the HIPAA regulations. When the Rule was issued on...
Health Law Alert: Minnesota's United States Attorney Seeking Additional Resources to Investigate and Prosecute Health Care Fraud in Minnesota June 24, 2014 In remarks made at a reception held at Gray Plant Mooty on June 19th, Minnesota’s United States Attorney, Andrew Luger, made clear his office’s renewed commitment to investigating and prosecuting health care fraud in...
Health Law Alert: Telemedicine Standards Approved by the Leading Organization of State Medical Boards June 12, 2014 Experts predict that the global telemedicine devices market will exceed $1B this year and that it will grow at a five-year compounded annual rate of 56 percent. Several trends are driving the growth of this alternative care delivery model in the United States: a growing population...
MERGERS AND ACQUISITIONS OF FRANCHISE COMPANIES Due Diligence on Franchise Systems GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. A FULL-SERVICE LAW FIRM MINNEAPOLIS, MN • ST. CLOUD, MN • W ASHINGTON, DC W W W .GPML AW .COM Due Diligence on Franchise Systems A chapter co-authored by Mark Kirsch along with John Baer and Beata Krakus from the book Mergers and...
GRAY PLANT MOOTY The GPMemorandum TO: OUR FRANCHISE AND DISTRIBUTION CLIENTS AND FRIENDS CLIENTS AND FRIENDS FRANCHISE AND FROM: FROM: GRAY PLANT MOOTY'S FRANCHISE AND DISTRIBUTION GRAY PLANT MOOTY’S FRANCHISE AND DISTRIBUTION PRACTICE GROUP PRACTICE Quentin R. Wittrock, Editor of The GPMemorandum Editor of Maisa Jean Frank, Assistant Editor Jean Assistant Editor DATE: 192...
GRAY PLANT MOOTY The GPMemorandum TO: OUR FRANCHISE AND DISTRIBUTION CLIENTS AND FRIENDS FROM: GRAY PLANT MOOTY'S FRANCHISE AND DISTRIBUTION PRACTICE GROUP Quentin R. Wittrock, Editor of The GPMemorandum Maisa Jean Frank, Assistant Editor DATE: August 4, 2015—No. 196 (Distribution Issue) This issue of The GPMemorandum focuses on topics primarily of interest to companies that...
Litigation Update: Big Changes Coming to Federal Rules of Civil Procedure in Effort to Curb Costs, Decrease Delays September 01, 2015 Earlier this year, the U.S. Supreme Court officially promulgated revisions to the Federal Rules of Civil Procedure, as recommended by the Federal Rules Advisory Committee. The rule changes are expected to take effect on Dec. 1, 2015, pending approval by Congress....
GRAY PLANT MOOTY The GPMemorandum TO: OUR FRANCHISE AND DISTRIBUTION CLIENTS AND FRIENDS FROM: GRAY PLANT MOOTY'S FRANCHISE AND DISTRIBUTION PRACTICE GROUP Quentin R. Wittrock, Editor of The GPMemorandum Maisa Jean Frank, Assistant Editor DATE: December 3, 2015—No. 200 (Distribution Issue) This issue of The GPMemorandum focuses on topics primarily of interest to companies that...
M&A Alert: Latest Mergers & Acquisitions Private Target Deal Points Study Released – January 5, 2016
M&A Alert: Latest Mergers & Acquisitions Private Target Deal Points Study Released January 05, 2016 The American Bar Association’s Business Law Section released its latest Mergers & Acquisitions Private Target Deal Points Study on December 30, 2015. The study is produced every other year, with this most recent version covering 117 private target M&A...
Health Law Alert: New HIPAA Rule to Aid Health Care Organizations in Managing Cyber Risk March 16, 2016 On Feb. 24, the Department of Health and Human Services’ Office for Civil Rights (OCR) published a HIPAA Security Rule Crosswalk designed to assist health care organizations that are covered entities or business associates in strengthening their cybersecurity preparedness posture....
Privacy and Data Security Alert: Are Credit Card Company Assessments and Penalties Covered by Your Cybersecurity Insurance Policy? March 22, 2016 Cyber criminals frequently target credit card information that they can quickly sell on the black market. Because of the widespread nature of these types of attacks, more companies are now buying cybersecurity insurance. Such policies may provide...
Privacy and Data Security Alert: Key Privacy Developments for 2016 May 02, 2016 See below for some key privacy developments that could impact you and your organization in 2016 and beyond. GDPR Becomes Effective in 2018 On April 14, 2016, the most significant change in 30 years related to privacy law occurred when the European Parliament finally approved the General Data Protection Regulation...
Trade Secrets Alert: Creation of Federal Trade Secrets Statute May 04, 2016 After several years of consideration, the U.S. Congress has finally passed legislation that will create a federal statute for the protection of trade secrets, entitled the Defend Trade Secrets Act (“DTSA”). The DTSA had strong bipartisan support, passing in the Senate by a vote of 87-0 (on April 4) and...
Privacy and Data Security Alert: Supreme Court Rules on Standing Requirements for Plaintiffs to Pursue Claims in Federal Court May 19, 2016 Plaintiffs Must Allege More Than Bare Statutory Violation in Order to Have Standing to Pursue Claims in Federal Court On May 16, 2016, the U.S. Supreme Court issued its much-anticipated decision in Spokeo, Inc. v. Robins, No. 13-1339, a case involving the...
Nonprofit Alert: Department of Labor Issues Guidance for Nonprofits on New Overtime Rule June 14, 2016 The U.S. Department of Labor (DOL) has released a Fact Sheet and Guidance on compliance with its new overtime rule (“Final Rule”), specifically addressing nonprofit organizations. DOL is apparently concerned that many nonprofit employers believe the requirements of the new...
Health Law Alert: U.S. Supreme Court Clarifies Basis for Liability Under the False Claims Act June 16, 2016 In a unanimous decision issued on June 16 in Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. ___ (2016), the United States Supreme Court held that plaintiffs may rely on the so-called “implied false certification theory” as a basis for...
Employment Law Breakfast Briefing: The Final DOL Rule on FLSA Exemptions (St. Cloud) – June 21, 2016
Employment Law Breakfast Briefing: The Final DOL Rule on FLSA Exemptions (St. Cloud) June 21, 2016 On May 18, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule setting new Fair Labor Standards Act (FLSA) salary requirements for various FLSA exemptions. The Final Rule, which becomes effective December 1, 2016, significantly increases the minimum weekly salary that must...
Litigation OcTOBer 2015 Businesses ThaT PLace TeLemarkeTing caLLs Face exPanded LiaBiLiTy By Gerald E. Arth For businesses that make telemarketing calls to residential telephone lines using an artificial or prerecorded voice, a new Third Circuit Court of Appeals decision expands considerably the scope of potential liability under the Telephone Consumer Protection Act (TCPA) for errant calls...
ICLG The International Comparative Legal Guide to: Gambling 2016 2nd Edition A practical cross-border insight into gambling law Published by Global Legal Group, with contributions from: Addisons Anderson MÅri & Tomotsune Carallian Cuatrecasas, Gonçalves Pereira DLA Piper DLA Piper UK LLP Fox Rothschild LLP Gaming Legal Group Hassans International Law Firm Herzog Fox...
THE BAR NOV/DEC.2015 DIVERSITY & MCCA Empowering People. Inspiring Leadership. MCCA’s th 16 Annual GC Survey CREATING A SMALL SUCCESSFUL LEGAL TEAM SUCCESSION PLANNING 15 RAINMAKERS WHO ALWAYS SHINE EXPERIENCED WOMEN LAWYERS HEAD BACK TO WORK CONTENTS Visit www.mcca.com for the latest information on our events, awards and research. FEATURES 12 MCCA’s...
RIGHTS OF SUPPLIERS An Oil and Gas Industry Primer BY MICHAEL VISCOUNT AND RAYMOND PATELLA The continuous and dramatic volatility in prices for oil and natural gas has predictably resulted in financial pressures on oil and gas exploration and production companies (“E&Ps”) leading to a precipitous rise in the incidence of bankruptcy filings by E&Ps across the...
DAILY FANTASY SPORTS: An Industry in Flux An analysis of state-by-state approaches to DFS1 BY CHRISTIAN J. FISHER he popularity of fantasy sports has exploded in recent years have proposed regulations to regulate DFS, such as Massachusetts, with the rise of daily fantasy sports (“DFS”). The popularity DFS has been historically prohibited in other states, such as...
Financial Restructuring & Bankruptcy March 2016 Lease Termination Before Bankruptcy May Be ‘Avoidable Transfer,’ 7th Circuit Rules By Audrey Noll A landlord who terminates a lease before the tenant’s bankruptcy may later be found to have received a preferential or fraudulent transfer and held liable to the bankruptcy estate for the value of the lease, the...
Current Status of Daily Fantasy Sports (DFS) in the United States As Of April 20, 2016 State 1 Alabama Current Status of DFS (Regulatory Determinations and Legislation) Alabama Attorney General has opined that DFS is illegal gaming. Legislation proposed/pending (legalize and regulate DFS). 2 Alaska 3 Arizona No formal determination on the legality of DFS made by a governmental authority,...
Litigation May 2016 Finally, Federal Protection of Trade Secrets By Joshua Horn On Wednesday, May 11, 2016, the Defend Trade Secrets Act of 2016 (DTSA) became law. The DTSA provides, for the first time, uniform federal protection of trade secrets. This statute is a game changer when it comes to protecting your trade secrets, providing an exclusive federal forum and specific rights to injunctive...
Labor & Employment May 2016 It Could Have Been Worse: U.S. Department of Labor Increases the Salary Level Necessary for Employers To Classify Employees as Exempt From Overtime By Carolyn D. Richmond and Glenn S. Grindlinger On May 18, 2016, the United States Department of Labor (DOL) released amendments to the overtime regulations of the Fair Labor Standards Act (FLSA), which will go...
In the Zone Second Quarter 2016 Registered Community Organizations in Philadelphia, Evolving Regulations By William F. Martin When the City of Philadelphia approved its new Zoning Code in August 2012, it codified the role of neighborhood organizations. For many years, there was a practical expectation that property owners seeking zoning variances or comparable land use relief would present...
National Survey on Marijuana Laws and Regulations Joshua Horn Partner Fox Rothschild LLP 215.299.2184 jhorn@foxrothschild.com Nicholas Casiello, Jr. Partner Fox Rothschild LLP 609.572.2234 ncasiello@foxrothschild.com National Survey on Marijuana Laws and Regulations This survey has been provided by the Fox Rothschild Administrative Law & Government Relations Practice as a quick...
Labor & Employment June 2016 District of Columbia Set To Increase Minimum Wage to $15 Following Several Other States and Localities By Alexander W. Leonard The District of Columbia City Council has unanimously passed a schedule of increases to the local minimum wage. Under the bill, private sector minimum wages in the District will reach $15.00 per hour by 2020. This new increase comes...
New Jersey Family Lawyer Vol. 36, No. 6 — June 2016 Chair’s Column Pope Francis, Saudi Arabia and Adjusting Our Expectations by Amanda S. Trigg B y the time you read this column, Pope Francis’s “Amoris Laetitia,” issued on April 6, will be old news. Called “On Love in the Family” in English, the statement...
Privacy and Security Law Report ® Reproduced with permission from Privacy & Security Law Report, 15 PVLR 1253, 6/20/16. Copyright ஽ 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com Right to Be Forgotten France’s data protection regulator ordered Alphabet Inc.’s Google in 2015 to comply with the right to be forgotten. If...
Labor & Employment June 2016 New York Proposes Additional Regulations Concerning How Employers Can Pay Employees By Carolyn D. Richmond, Glenn S. Grindlinger and Jason B. Jendrewski Employers may pay employees their wages in several different ways. For many employers, long gone are the days where they physically distribute paychecks to all of their employees at the end of the week....
CLIENT ALERT Biosimilars: If You Don’t Dance the Patent Dance, You Have to Wait Until the FDA Approves Your Moves Jul.23.2015 On July 21, the Federal Circuit issued a landmark ruling in Amgen, Inc. v. Sandoz, Inc. on the first biosimilar product approved by the U.S. Food and Drug Administration (FDA) to enter the market. The three-judge panel granted a partial victory to Sandoz in...
CLIENT ALERT The Name Game – The FDA Issues Draft Guidance of Biologics Naming Aug.28.2015 Shakespeare wrote, "What's in a name? That which we call a rose by any other name would smell as sweet." But Shakespeare certainly was not referring to the pharmaceutical marketplace, where drug product names play a critical role in healthcare delivery. Drug product names...
LITIGATION forecast 2015 third annual jurisdictional analysis in-depth look at IP litigation recovery and value-based billing WHAT CORPORATE COUNSEL NEED TO KNOW FOR THE COMING YEAR litigation Forecast 2015 4 Antitrust 18 Jurisdictional Analysis As government regulators continue their scrutiny, the most interesting area to watch may be “rule of reason” cases KEY TRENDS...
regulatORY forecast 2015 WHAT CORPORATE COUNSEL NEED TO KNOW FOR THE COMING YEAR State of Play: The Year of the regulator California: Bellwether state Regulation, Litigation: Action, Reaction regulatory Forecast 2015 FEATURES 4 The State of Play in 2015: The Year of the Regulator As the Obama administration takes federal power to new heights, companies brace for more compliance challenges. 12...
CLIENT ALERT European Trademark Reform Approved by European Parliament Dec.18.2015 On December 15, 2015, the European Parliament adopted a "package" of two documents relating to trademark reform: a Directive and a Regulation. (We have already covered the content of the reform package in "The European Trademark Reform: Key Changes Brand Owners Need to Know,"...
CLIENT ALERT Unified Patent Court: The Language Regime Jan.05.2016 Crowell & Moring's series of alerts provides practical information and professional comment on all the ramifications regarding the introduction of the Unified Patent Court (UPC). For further information, please see our UPC leaflet PDF or contact the lawyers listed near the bottom of each alert. To view other alerts in...
