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One Financial Center
Boston, MA 02111, United States
Phone: 617-542-6000
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400+ Attorneys

SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment on…more

Coinbase, Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets

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Best Practices for Clearances and Opinions

Last week, Mintz Member Lisa Adams moderated a panel discussion between in-house attorneys that covered best practices for conducting patent clearances and obtaining non-infringement and invalidity opinions. The panel…more

Claim Construction, Noninfringement, Patent Infringement, Patent Invalidity, Patent Litigation

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Court Holds Crime Policy Covers Business Compromise Email Loss

The “business compromise email” is what the FBI calls the “$5 billion scam,” but apparently an insurance company did not agree with an insured company that they had been the victim of a crime…more

Business E-Mail Compromise (BEC), Computer Fraud Insurance, Corporate Counsel, Crime Insurance Policies, Cyber Crimes

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Challenge to False Claims Act Qui Tam Provisions Fails in an Initial Attempt to Revive Long-Dormant Arguments as to Constitutionality Under Article II

This July, we detailed the Supreme Court’s surprising revival in United States ex rel. Polansky v. Exec. Health Resources, No. 21-1052 (S. Ct. June 16, 2023) of the question of whether the qui tam provisions of the False Claims…more

Appointments Clause, Article II, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA)

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Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds

In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act…more

Arbitration, Arbitration Agreements, Arbitration Awards, Contract Interpretation, De Novo Standard of Review

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: December 2015

Trends & Analysis - We have identified 24 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of the 24 cases, five were filed within the past year, seven were filed in 2014, three were…more

Anti-Kickback Statute, False Claims Act (FCA), False Statements, Medicaid, Medicare

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Supreme Court Narrows the Reach of Omission Liability Claims Under Section 10(b) of the Exchange Act

Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K…more

Certiorari, Investors, Item 303, Liability, Macquarie Infrastructure Corp v Moab Partners LP

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

See all updates »

PATENT 101: Key Considerations and Activities for Establishing a Patent Program (Part 2 of 3)

Tasked with starting an innovation protection and patent development program at your company but do not know where to begin? This three part series describes the key components to a patent development program for any company,…more

Competition, Exclusivity, Inventions, Inventors, Licenses

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FTC Complaint Against Rite Aid Signals New Paradigm for Evaluating AI Technology Use

Late last month, the Federal Trade Commission (FTC) filed a complaint for permanent injunctive relief and sanctions against Rite Aid, alleging that the pharmacy chain’s widespread use of facial recognition technology, deployed…more

Artificial Intelligence, Facial Recognition Technology, Federal Trade Commission (FTC), FTC Act, Injunctive Relief

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How Your Trade Secret Could Help to Defend Against Claims of Patent Infringement

For companies that need to protect their valuable intellectual property, the choice between trade secret and patent protection can be a difficult one. There are benefits to either approach..…more

Artificial Intelligence, Intellectual Property Protection, Machine Learning, Patent Infringement, Patent Prosecution

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Hiring Across the 49th Parallel: Traps for the Unwary for Cross-Border US-Canada Hires

The United States and Canada have long been great trade partners, and not only with respect to hockey players. As commerce in general and employee mobility in particular increases, employers with operations in the United States…more

Canada, Cross-Border, Hiring & Firing, Jurisdiction

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Non-Debtor Substantive Consolidation: Do Recent Cases Signal a Judicial Preference for State Law Claims?

It is not unusual for a creditor of a debtor to cry foul that a non-debtor affiliate has substantial assets, but has not joined the bankruptcy. In some cases, the creditor may assert that even though its claim, on its face, is…more

Alter Ego, Commercial Bankruptcy, Non-Debtors, State Law Claims, Substantive Consolidation

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Not just for crypto – How blockchain technology will affect medical devices

Most people are familiar with blockchain technology because of its use in cryptocurrency, but its use is going to be far more widespread than just as a ledger for digital currency. As explained in a previous blog post,…more

Blockchain, Distributed Ledger Technology (DLT), Electronic Medical Records, Health Care Providers, Manufacturers

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What’s New in Wireless - April 2024

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily…more

Broadband, Cybersecurity, Distance Learning, FCC, Infrastructure

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COVID-19 and Down-Round Financings

Although no one can predict the long-term economic impact of COVID-19, early indications show similarities to the last significant economic downturn that started in 2008. During that period, venture capital investment decreased…more

Breach of Duty, Capital Raising, Corporate Financing, Economic Downturn, Entire Fairness Standard

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A $1 Billion, 10-year Climate Tech Investment Effort to Come in Massachusetts

As part of the Healey–Driscoll administration’s continued efforts to ensure Massachusetts remains a state where people want to live, work, and raise families — and businesses want to start and operate companies — the…more

Climate Change, Investment, Life Sciences, Research and Development, Tax Incentives

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White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several…more

Artificial Intelligence, Biden Administration, Department of Homeland Security (DHS), Department of Labor (DOL), Executive Orders

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Need Prior Art? Here’s How to Search the PTO Database of Patents Like a Patent Examiner

A frequent pain point in the realm of patents is being unable to find pertinent patent publications quickly and efficiently. In an attempt to provide the public with better search tools, the United States Patent and Trademark…more

Patent Search, Patents, Prior Art, USPTO

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California Usury Law: A Search for Clarity around Compound Interest

California usury law is addressed in multiple places: the California Constitution, statutes, case law, and initiative measures. Due to the patchwork nature of this body of law, differing interpretations and ambiguity are…more

CA Supreme Court, Consumer Financial Products, Consumer Lenders, Disclosure Requirements, Financial Services Industry

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Texas Has Been Busy Ramping up Privacy Protections with New Comprehensive Data Privacy Law and Stricter Data Breach Notification Requirements

Texas has joined the growing list of states enacting comprehensive consumer data privacy laws. On June 18, 2023, Governor Abbott (R) signed H.B.4, otherwise known as the Texas Data Privacy and Security Act (“TDPSA”). The TDPSA…more

Breach Notification Rule, Cybersecurity, Data Privacy, Data Protection, Families First Coronavirus Response Act (FFCRA)

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Supreme Court Narrows the Reach of Omission Liability Claims Under Section 10(b) of the Exchange Act

Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K…more

Certiorari, Investors, Item 303, Liability, Macquarie Infrastructure Corp v Moab Partners LP

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The Importance of Getting Inventorship Right: A Cautionary Tale in Two Cases

U.S. patent law elevates the importance of “the inventor” to an extent unseen in the rest of the world. Unlike many other countries, ownership of patent applications in the United States initially vests in the inventors listed…more

Appeals, Assignment of Inventions, Dismissals, Employment Contract, Former Employer

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Reduced Scope of March-in Rights Under Bayh Dole Rules Revisions

The Bayh Dole Act was enacted to provide incentives to promote commercialization of federally funded inventions and was designed to capitalize on the significant government investments in small business, university research, and…more

Bayh-Dole Act, Biden Administration, IP License, March-in-Rights, Patents

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Another Declination from DOJ’s Criminal Division Emphasizes the Continued Focus on Voluntary Self-Disclosure in 2024

Drawing on a carrot and stick approach, Department of Justice (“DOJ” or the “Department”) guidance in 2023 focused heavily on incentivizing companies to voluntarily self-disclose their misconduct. This guidance included the…more

Corporate Misconduct, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP), Fraud, Self-Disclosure Requirements

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Treasury Department Issues Guidance on Round Two of §48C Advanced Energy Tax Credit Program

The highly anticipated guidance for the second round of allocations (Round Two) under the US Treasury’s §48C Qualifying Advanced Energy Project Tax Credit program was released this week pursuant to IRS Notice 2024-36, with…more

American Recovery and Reinvestment Act, Clean Energy, Department of Energy (DOE), Energy Sector, Greenhouse Gas Emissions

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FDA Issues Warning Letter to Corporate Sponsor of Clinical Trial

The U.S. Food and Drug Administration (FDA) does not frequently issue Warning Letters to corporate sponsors of FDA-regulated clinical trials, so the June 16, 2015, Warning Letter sent to AB Science, a pharmaceutical company with…more

Audits, Clinical Trials, Food and Drug Administration (FDA), Inspections, Pharmaceutical Industry

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Proposed Laws Are One Step Closer to the November 2022 Ballot

On Wednesday, September 1st, Attorney General Maura Healey certified 17 out of 30 ballot proposals filed in August to continue on the path to securing a spot on the 2022 ballot. Of the 17 proposals certified, 16 were initiative…more

Ballots, General Elections, Legislative Agendas, Pending Legislation, Proposed Legislation

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

See all updates »

AI in Biotech and Synthetic Biology: What Can Be Protected? What Should Be Kept Secret?

Machine learning (ML), bioinformatics, artificial intelligence (AI), and other computational tools have become ubiquitous in the biotech and synthetic biology industries because such technology allows for rapid processing of a…more

Artificial Intelligence, Biotechnology, Intellectual Property Protection, Machine Learning, Patents

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The CDC Issues New COVID-Related Guidance: What This Means for Employers

For the first time since 2021, the Center for Disease Control and Prevention (CDC) issued new guidance relaxing the quarantine requirements for COVID-19.  The new guidance is the result of fewer COVID-related deaths and…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks

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Trump Administration Withdraws Proposed Rebate Rule

In an unexpected turn of events, the Trump administration has apparently reversed course and has withdrawn the proposed rule that would have amended the discount safe harbor under the Anti-Kickback Statute to eliminate…more

Anti-Kickback Statute, Drug Pricing, Executive Orders, Medicaid, Medicare

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HHS, Treasury and Labor Issue More Guidance on the No Surprises Act

Title I of Division BB of the Consolidated Appropriations Act, 2021 (the “Act”), and interim final rules issued by the Departments of Health and Human Services, Treasury and Labor (the “Departments”) in July 2021 (see our post…more

Arbitrators, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans

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Founder’s Stock – a Legal Fiction

In common usage, a founder is an individual who creates or helps create a company, but in legal terms, there is no such thing as a “founder” or “founder’s stock,” only early participants in a company’s organization and ownership…more

Board of Directors, Business Ownership, Certificates of Incorporation, Common Stock, Fair Market Value

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NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The…more

Biden Administration, Browning-Ferris Industries of California Inc., Fair Labor Standards Act (FLSA), Joint Employers, NLRA

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Massachusetts Supreme Judicial Court Allows Innovator Liability Claims to Proceed Under A Recklessness Standard

Today, the Massachusetts Supreme Judicial Court made an important ruling concerning innovator liability with respect to pharmaceuticals. Though precluding negligence and traditional product liability claims against brand-name…more

Failure To Warn, Food and Drug Administration (FDA), Generic Drugs, Innovator Liability, Manufacturers

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The Automatic Stay: Supreme Court Finds that Retaining Debtors’ Property, Despite Turnover Demands, is Not a Stay Violation

If a creditor is holding property of a party that files bankruptcy, is it “exercising control over” such property (and violating the automatic stay) by refusing the debtor’s turnover demands? According to the Supreme Court, the…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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The SEC Confirms the Limited Scope and Nature of Utility Tokens

On April 3, 2019, Finhub, the SEC’s Strategic Hub for Innovation and Financial Technology, released the “Framework for ‘Investment Contract’ analysis of digital assets” (the “Framework”) providing principles for analyzing…more

Blockchain, Distributed Ledger Technology (DLT), Enforcement Actions, FinHub, Howey

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Health Care Privacy and Security In 2024: Six Critical Topics to Watch

As we reflect on the flurry of activity in the health care data privacy and security space in 2023 and look ahead to what will continue to be a busy 2024, we are seeing the early stages of federal agency movement to align the…more

Artificial Intelligence, Cybersecurity, Data Breach, Data Security, Department of Health and Human Services (HHS)

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Delaware Bankruptcy Court Grants Derivative Standing to Creditors’ Committee to Sue Members and Officers of Delaware LLC

In early February, a Delaware bankruptcy judge set new precedent by granting a creditors’ committee derivative standing to pursue breach of fiduciary duty claims against a Delaware LLC’s members and officers. At least three…more

Bankruptcy Code, Bankruptcy Court, Breach of Duty, Corporate Counsel, Creditors

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Representations Made by a Patentee during Foreign Prosecution May Be Used in Claim Construction for U.S. Patents

Claim construction, the process by which a court interprets the scope and meaning of a patent’s claims, is a crucial part of patent litigation. In fact, claim construction can make or break a patentee’s case for infringement…more

Claim Construction, Foreign Jurisdictions, Foreign Patent Applications, Intellectual Property Protection, Patent Infringement

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Telephone and Texting Compliance News: Litigation Update — Career Counseling v. AmeriFactors – Another Defense Win in the Fax Class Certification War

In the latest nail in the TCPA fax case certification coffin, the Fourth Circuit affirmed a denial of class certification in Career Counseling, Inc. v. AmeriFactors Fin. Grp., LLC, Nos. 22-1119 and 22-1136, 2024 US App. LEXIS…more

Class Certification, Compliance, Summary Judgment, TCPA, Texting

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PTAB Continues Streak of IPR Denials

US Patent Trial and Appeal Board (PTAB) institution denials for inter partes review (“IPR”) and other post-grant review petitions have steadily risen from 13 percent in 2012 to 44 percent in 2020. In 2020, the institution rate…more

Burden of Persuasion, Denial of Institution, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Florida Governor Signs Data Privacy Law Focused on Children, Search Engines and Billion Dollar Businesses

Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?..…more

California Consumer Privacy Act (CCPA), Compliance, Corporate Counsel, Data Privacy, FERPA

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Issues in Chinese Foreign Direct Investment in U.S. Early Stage Biotechnology Companies

There has been a marked increase in the amount of money being invested by Chinese investors into U.S. early stage biotechnology companies since 2017, spurred on by direct encouragement from Beijing through its Made in China 2025…more

Acquisitions, Biotechnology, CFIUS, China, Federal Pilot Programs

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Corporations with 10 or More ISO or ESPP Reporting Obligations on Forms 3921 or 3922 Should Take Notice of Revised Electronic Filing Requirements

Each year, corporations that have employees who exercise incentive stock options (ISOs) as described under Section 422(b) of the Internal Revenue Code must file a Form 3921 with the IRS for each transfer of stock to those…more

Domestic Corporations, Electronic Filing, Employee Stock Purchase Plans, Fair Market Value, Filing Requirements

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Part Eight of the COVID-19 Roadmap Series: Avoiding COVID-19 Wage & Hour and Labor Law Pitfalls

In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls. Remember that wage and hour…more

Coronavirus/COVID-19, Department of Labor (DOL), Emergency Management Plans, Employer Liability Issues, Employment Policies

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American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that…more

Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, Enforcement, Federal Trade Commission (FTC)

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New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more

Borrowers, CFTC, Dodd-Frank, End-Users, ISDA

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Massachusetts Securities Division Rolls Out Final Version of Fiduciary Duty Rule

The Massachusetts Securities Division (the “Division”) has announced that they will begin to apply a fiduciary conduct standard to broker-dealers and agents when dealing with their customers. Once adopted, the Division has…more

Broker-Dealer, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Regulation Best Interest, Securities Litigation

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Energy & Sustainability M&A Activity — May 2024

March 19, 2024: Mobile Auto Concepts, a provider of maintenance, cleaning, and replacement services based in San Francisco, was acquired by Yoshi Mobility for an undisclosed amount on March 19, 2024. Mobile Auto offers waterless…more

Acquisitions, Automotive Industry, Mergers

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Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less

A recent decision by the Court of Chancery of Delaware provides a reason to pause before agreeing to standard, boilerplate “material adverse change” clauses in purchase agreements. In Osram Sylvania, Inc. v. Townsend Ventures,…more

Attorney's Fees, Breach of Contract, MACs, Material Adverse Effects, Purchase Agreement

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Some Harm is All it Takes – the Supreme Court Lowers the Bar For Title VII Discrimination Claims Involving Lateral Job Transfers.

In Muldrow v. City of St. Louis, Mo., the U.S. Supreme Court made it easier for employees who are involuntarily transferred to a lateral position to pursue discrimination claims, even when they retain the same pay, benefits and…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues

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Waivers Of Obligations And Deadlines Under The Investors’ Rights Agreement

When a company’s founders agree to take on a sizable venture capital investment for the first time, they can be shocked by the volume of paper generated to memorialize the relationship between the company and its investors. A…more

Deadlines, Financial Statements, Purchase Agreement, Venture Capital, Waivers

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NERC Submits Work Plan for New Reliability Requirements to Apply to Inverter-Based Resources

On January 17, 2024, the North American Electric Reliability Corporation (“NERC”)[1] submitted an informational filing[2] to the Federal Energy Regulatory Commission (“FERC”) providing NERC’s plan (the “Work Plan”) to develop…more

Data-Sharing, Energy Sector, FERC, NERC, Operation & Maintenance

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Executive Orders, Administrative Court Orders, and Legislation: The Ever-Changing NY Landscape on Foreclosures, Evictions, and Out-of-State Travel

The landscape for foreclosures and evictions in New York State is constantly evolving. With the entire State of New York in Phase 4 of New York Forward, the courts have begun to reopen (at least virtually) and certain…more

Borrowers, Commercial Leases, Coronavirus/COVID-19, Eviction, Executive Orders

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Preparing a VC-Backed Company for an Exit Event

Initial public offerings (IPOs) and M&A exits are the two most common means of achieving liquidity in a private company. This article addresses an acquisition transaction, which requires preparation and oversight that many…more

Acquisitions, Capital Raising, Early Stage Companies, Initial Public Offering (IPO), Investment

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EnforceMintz — DOJ’s Limited Use of NPAs and DPAs in Criminal Health Care Investigations

In January 2023, the Criminal Division of the Department of Justice (DOJ) announced revisions to its Corporate Enforcement Policy (CEP), which we previously summarized here and discussed in further detail as part of…more

Anti-Kickback Statute, Deferred Prosecution Agreements, Department of Justice (DOJ), False Claims Act (FCA), Non-Prosecution Agreements

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A Post (f/n/a “Tweet”) to Remind Plan Sponsors of Key Considerations in Designing Severance Plans

The recent Complaint filed for severance benefits against Elon Musk, X Corp., et.al., serves as a reminder that it is as important to clearly establish the fiduciary governance structure over severance plans subject to the…more

Benefit Plan Sponsors, Corporate Officers, Elon Musk, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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MSRB Addresses Selective Disclosure

On September 13, 2017, the Municipal Securities Rulemaking Board (the “MSRB”) published a market advisory on selective disclosure (the “Notice”). The stated purpose of the Notice is to “increase awareness” of selective…more

Material Nonpublic Information, MSRB, Municipal Securities Issuers, Municipal Securities Market, New Guidance

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

See all updates »

District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland and In re Cray

On June 17, 2019, the United States District Court for the District of Delaware, in Novartis Pharmaceuticals Corp. v. Accord Healthcare Inc., et al., No. 18-cv-01043, held that venue was not proper in Delaware over Mylan…more

Abbreviated New Drug Application (ANDA), Bristol-Myers Squibb, Dismissals, FRCP 12(b)(3), Generic Drugs

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How NFTs and Blockchain Secure Digital Sports Collectibles

Today, there are new opportunities to own a bit of sports history. It is now possible to even own a digital collectible of your favorite athlete making a play during a game. NFTs (non-fungible tokens) are being used to provide…more

Artists, Athletes, Blockchain, Counterfeiting, Digital Assets

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NYC “Know Your Rights” Poster and Bill of Rights Website Now Live

The New York City Department of Consumer and Worker Protection (DCWP) officially debuted its new “Know Your Rights at Work” poster and Workers’ Bill of Rights website.  The poster, which links to the DCWP website via a QR code,…more

City of New York, Employee Benefits, Employee Rights, Employees, Employer Liability Issues

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A Business Deal Could Kill Your Right to Challenge a Patent’s Validity

Last week, the Federal Circuit issued a decision holding that parties can contractually bargain away their rights to file petitions for Inter Partes Review (“IPR”) at the Patent Trial and Appeals Board (“the Board”). This…more

Confidentiality Agreements, Corporate Counsel, Forum Non Conveniens, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

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Unpacking CMS’s 2025 DSNP Changes: Considerations for Medicare Advantage Organizations

As part of its 2025 Medicare Advantage and Part D Final Rule (the Final Rule), the Centers for Medicare & Medicaid Services (CMS) made a number of enrollment changes impacting dual eligible special needs plans (DSNPs). The goal…more

Centers for Medicare & Medicaid Services (CMS), Enrollment, Final Rules, Medicaid, Medicare Advantage

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New York State Releases Reopening Guidance for Phase 2 Businesses

New York State has issued industry-specific interim guidance for “Phase 2” businesses, which includes a number of “minimum requirements” certain businesses must meet before reopening their workplaces in light of COVID-19. The…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Governor Cuomo, New York

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How Can the Updated USPTO Guidance on Determining Obviousness Help You?

Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. § 103. Since it is…more

Intellectual Property Protection, Inventions, New Guidance, Obviousness, Patents

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How Your Trade Secret Could Help to Defend Against Claims of Patent Infringement

For companies that need to protect their valuable intellectual property, the choice between trade secret and patent protection can be a difficult one. There are benefits to either approach..…more

Artificial Intelligence, Intellectual Property Protection, Machine Learning, Patent Infringement, Patent Prosecution

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Do Patent Claims to Methods of Treatment Cover In Vivo Transformations?

Where an alleged infringer administers a substance A to a subject, and the substance is subsequently transformed to a therapeutic agent X inside the subject’s body, does the administration of the substance A constitute an act of…more

Claim Construction, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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The 2019 Public Charge Rule Is Removed by DHS

On March 9, 2021 the Department of Homeland Security (DHS) announced that it will no longer enforce the Public Charge rule that originally took effect on February 24, 2020. Based on a number of recent U.S. Court of Appeals…more

Biden Administration, Department of Homeland Security (DHS), Final Rules, Immigration Procedures, Non-Immigrant Visas

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363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers

Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a “363 Sale”). We are back with our second post,…more

363 Sales, Bankruptcy Code, Commercial Bankruptcy, Contract Terms, Due Diligence

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Energy & Sustainability Client Feature — Cultivo

This month, we are excited to feature our client Cultivo, a public benefit corporation, which recently announced that it has raised $14 million in Series A funding to accelerate its mission to unlock investment into regenerating…more

Artificial Intelligence, Capital Investments, Capital Raising, Energy Sector, Investment

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FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers

In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband…more

Airlines, Aviation Industry, Broadband, Competitive Bidding, FCC

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Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs

In previous posts (available here and here) we reported on some of the legal consequences from Dobbs v. Jackson Women’s Health Organization on employer-sponsored group health plan coverage of abortion-related travel benefits…more

Abortion, Commercial Insurance Policies, Corporate Counsel, Dobbs v. Jackson Women’s Health Organization, Due Process

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Losing Your International Shoe: Corporations May Waive Contacts-Based Personal Jurisdiction in Consent-by-Registration States

Late last month the Supreme Court of the United States opened the door to a potential sea change in personal jurisdiction over corporate entities. In Mallory v. Norfolk Southern Railway Company, the Court held that any…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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A Mintz Health Care Roundtable: Current Trends in State Health Care Transaction Review and What to Expect in 2024

States are increasingly exercising regulatory oversight of health care transactions by enacting laws requiring prior notice or approval of certain health care transactions. Currently, 15 states have enacted health care…more

Ambulatory Surgery Centers, Health Care Providers, Healthcare, Laboratories, Notice Requirements

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Update: USCIS Poised to Increase Immigration Filing Fees

On Monday, January 8, 2024, the White House Office of Information and Regulatory Affairs (OIRA) received the final rule outlining the increased fees for US Citizenship and Immigration Services (USCIS) filings. Normally, OIRA has…more

Filing Fees, Immigration, OIRA, USCIS

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U.S. Citizenship and Immigration Services Streamlines Social Security Administration Applications for Form I-485 Permanent Resident Applicants

On Monday, August 9, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that applicants filing for permanent resident status may also apply for a Social Security number or replacement card as part of their…more

I-485 Applications, Social Security Administration (SSA), Social Security Numbers, USCIS

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Health Care Privacy and Security In 2024: Six Critical Topics to Watch

As we reflect on the flurry of activity in the health care data privacy and security space in 2023 and look ahead to what will continue to be a busy 2024, we are seeing the early stages of federal agency movement to align the…more

Artificial Intelligence, Cybersecurity, Data Breach, Data Security, Department of Health and Human Services (HHS)

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Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

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A $1 Billion, 10-year Climate Tech Investment Effort to Come in Massachusetts

As part of the Healey–Driscoll administration’s continued efforts to ensure Massachusetts remains a state where people want to live, work, and raise families — and businesses want to start and operate companies — the…more

Climate Change, Investment, Life Sciences, Research and Development, Tax Incentives

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Emerging Legal Trends AI: Can Israel Join the U.S. and Europe as a Leader in AI Protections?

The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions. For example, can a machine own an invention? Or be liable for the consequences of its actions? However, with…more

Artificial Intelligence, Computer-Related Inventions, Innovation, Intellectual Property Protection, Israel

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Ushering in a New Era: FDA Approves First Interchangeable Biosimilar

Has the Food and Drug Administration (FDA) finally ushered in a new era for the U.S. biosimilar marketplace? Many in the industry are hopeful after the Agency approved its first interchangeable biosimilar, Mylan’s Semglee…more

Biosimilars, Biosimilars Action Plan (BAP), Federal Trade Commission (FTC), Food and Drug Administration (FDA), Pharmaceutical Industry

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USPTO Releases Final Rules on PTA Calculations in view of Supernus

On June 16, 2020, the U.S. Patent and Trademark Office (USPTO) released final rules (the “Rules”) implementing changes to how Patent Term Adjustment (PTA) is calculated in certain circumstances in view of Supernus Pharms., Inc…more

European Patent Office, Final Rules, Information Disclosure Statement, Patent Applications, Patent Litigation

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Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle

On Tuesday, December 12, 2017, the Massachusetts Appeals Court, applying New Hampshire law, held that a professional liability insurer did not breach the implied covenant of good faith and fair dealing by settling a New…more

Appeals, Breach of Contract, Covenant of Good Faith and Fair Dealing, Health Care Providers, Medical Malpractice

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A Review of the Affordable Care Act at 10 Years, Part 4: Alternative Payment and Delivery Models

Today's post is the last in our series on the 10-year anniversary of the Affordable Care Act (ACA). While the Congress that passed the ACA recognized that health care delivery reform was necessary, the law included few…more

Affordable Care Act, Antitrust Provisions, Centers for Medicare & Medicaid Services (CMS), CMMI, Healthcare Reform

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Lessons from Disney: The Exercise of the Corporate Voice is Protected Business Decision

In the ever-changing and divisive political climate facing our nation today, boards of directors and the companies they oversee face myriad pressures from numerous stakeholders to weigh in on specific political, cultural, and…more

Books & Records, Corporate Counsel, Disney, Environmental Social & Governance (ESG), Florida

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Federal Circuit Affirms Obviousness of Rifaximin Polymorph Patents and Denial of Motion to Modify Judgment After Post-Trial Patented Indication Carve Out

In a precedential opinion issued on April 11, 2024 in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., Nos. 22-2153, 23-1952, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the…more

Abbreviated New Drug Application (ANDA), Applications, Carve Out Provisions, Food and Drug Administration (FDA), Hatch-Waxman

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How State Legislatures May Rock the World of Employee Compensation in Response to the Recent Federal Tax Law

Prior to the effective date of the tax bill recently signed by the President, Section 164 of the Internal Revenue Code permitted individuals who itemized deductions to deduct state and local income and other designated taxes…more

FICA Taxes, Income Taxes, IRS, Medicare Taxes, SALT

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SEC Approves Spot Bitcoin ETFs But Gensler Still Disapproves of Crypto

On January 10, 2024, the U.S. Securities and Exchange Commission (“SEC”) approved eleven applications for spot exchange-traded funds (“ETFs”) tracking Bitcoin. This landmark moment for the crypto asset industry has been over 10…more

Appeals, Bitcoin, Cryptoassets, Cryptocurrency, ETFs

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A Mintz Health Care Roundtable: Current Trends in State Health Care Transaction Review and What to Expect in 2024

States are increasingly exercising regulatory oversight of health care transactions by enacting laws requiring prior notice or approval of certain health care transactions. Currently, 15 states have enacted health care…more

Ambulatory Surgery Centers, Health Care Providers, Healthcare, Laboratories, Notice Requirements

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SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment on…more

Coinbase, Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets

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California Court Deals Blow to Employee Mobility

California employers and executives might view fixed term employment agreements in a new light following a California appellate court’s unpublished decision suggesting employers do not violate California’s long-established…more

Appeals, California, Employee Mobility, Fixed-Term Labor Contracts, Labor Code

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Protecting Lawful Streaming Act Signed Into Law

One of the provisions included in the Consolidated Appropriations Act that President Trump signed into law on December 27, 2020 addresses the so-called “felony streaming” loophole in the Copyright Act and criminal code. …more

Copyright, Copyright Infringement, Criminal Code, Internet, Internet Streaming

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New Biden Executive Order Emphasizes Women’s Health

Following an initial funding announcement last month, the Biden administration has kept its foot on the gas to build out the White House Initiative on Women’s Health Research. Last month, we wrote about ARPA-H’s $100 million…more

Department of Health and Human Services (HHS), Executive Orders, Food and Drug Administration (FDA), Funding, Medical Research

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Minimum Wage Increases and Ontario Employment Shake-up: What Employers Need to Know

Ontario’s Bill 149, Working for Workers Four Act, 2024, received royal assent on March 21 2024, bringing in new changes to Ontario’s employment landscape. Below are some of the key developments that businesses with employees in…more

Artificial Intelligence, Canada, Direct Deposit, Employment Standards Act, Job Ads

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The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+ Communications…more

Corporate Counsel, Damages, FRAND, Good Faith, Licensing Rules

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Important Updates to the New York LLC Transparency Act

Clients with Limited Liability Companies in New York Likely Impacted - The New York LLC Transparency Act (NYLTA) has recently been amended. The key take-aways are as follows: Effective Date has been pushed back a year…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Limited Liability Company (LLC)

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US-Canada Critical Mineral, EV Battery, and Semiconductor Cross-Border Supply Chain Issues

The Inflation Reduction Act (“IRA”) has garnered criticism from the European Union (“EU”) due in large part to its domestic sourcing requirements. Some in Canada have echoed this criticism, including Michael Harvey, vice…more

Advanced Batteries, Canada, Defense Production Act, Department of Defense (DOD), Electric Vehicles

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Pay Transparency Law on the Horizon for Massachusetts Employers

Massachusetts is on track to join the growing number of jurisdictions, among them California (as we discuss here), Colorado, New York (discussed here), and Washington, in passing wage transparency legislation. While some…more

EEO-1, Jurisdiction, Pay Transparency

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The Trademark Modernization Act Establishes New Trademark Cancellation Procedures

On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act..…more

Consolidated Appropriations Act (CAA), Corporate Counsel, Ex Partes Reexamination, Intellectual Property Protection, Irreparable Harm

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Zoom to Implement New Security Measures in Deal with NY Attorney General

Amidst multiple investigations into the privacy and security practices at Zoom Video Communications (“Zoom”), New York Attorney General Letitia James recently announced a settlement agreement with Zoom after the failings of the…more

Corporate Counsel, Cybersecurity, Data Privacy, Data Security, Department of Education

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Executive Orders, Administrative Court Orders, and Legislation: The Ever-Changing NY Landscape on Foreclosures, Evictions, and Out-of-State Travel

The landscape for foreclosures and evictions in New York State is constantly evolving. With the entire State of New York in Phase 4 of New York Forward, the courts have begun to reopen (at least virtually) and certain…more

Borrowers, Commercial Leases, Coronavirus/COVID-19, Eviction, Executive Orders

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Losing Your International Shoe: Corporations May Waive Contacts-Based Personal Jurisdiction in Consent-by-Registration States

Late last month the Supreme Court of the United States opened the door to a potential sea change in personal jurisdiction over corporate entities. In Mallory v. Norfolk Southern Railway Company, the Court held that any…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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Take Aways from the 2024 MIT Climate and Energy Prize Semi-Final’s Panel on Paths to Scale an Early-Stage Venture

On March 8, 2024, I attended the MIT Climate and Energy Prize Semi-Final in Cambridge, Massachusetts, a climate-tech and energy startup competition for graduate students. At this event, innovators pitched their businesses –…more

Early Stage Companies, Investors, Startups, Venture Capital

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Recent Bankruptcy Court Decision Leaves the Door Open to Bankruptcy Relief for Those in the Cannabis Industry

A Massachusetts Bankruptcy Court’s recent appellate decision in Blumsack v. Harrington (In re Blumsack) leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met…more

Bankruptcy Code, Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 13, Controlled Substances Act

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Consolidated Appropriations Act of 2021 Amends Bankruptcy Code - Part 3: Congress Gives Suppliers and Landlords a Shiny New Arrow in their Quiver to Challenge Preference Actions

As discussed in previous posts, the Consolidated Appropriations Act of 2021 (the “Act”) was signed into law on December 27, 2020, largely to address the harsh economic impact of the COVID-19 pandemic. For bankruptcy litigators…more

Bankruptcy Code, Clawbacks, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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DOJ Announces it is Designing a Whistleblower Rewards Program

In early March 2024 at the American Bar Association’s 39th National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa Monaco’s keynote remarks previewed the development of new and significant Department of…more

American Bar Association (ABA), CFTC, Department of Justice (DOJ), False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA)

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Unpacking CMS’s 2025 DSNP Changes: Considerations for Medicare Advantage Organizations

As part of its 2025 Medicare Advantage and Part D Final Rule (the Final Rule), the Centers for Medicare & Medicaid Services (CMS) made a number of enrollment changes impacting dual eligible special needs plans (DSNPs). The goal…more

Centers for Medicare & Medicaid Services (CMS), Enrollment, Final Rules, Medicaid, Medicare Advantage

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PATENT 101: Key Considerations and Activities for Establishing a Patent Program (Part 2 of 3)

Tasked with starting an innovation protection and patent development program at your company but do not know where to begin? This three part series describes the key components to a patent development program for any company,…more

Competition, Exclusivity, Inventions, Inventors, Licenses

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Limiting Securities Litigation Risks in EB-5 Offerings: What Regional Centers and Issuers Need to Know

The flurry of federal suits filed by the U.S. Securities and Exchange Commission (SEC) in the past few months against several companies and individuals for alleged fraud and false statements in soliciting foreign investors under…more

Corporate Counsel, EB-5, Immigrant Investor Program, Material Misstatements, Securities and Exchange Commission (SEC)

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Phase 1 Construction Guidelines: Guidance for Real Estate Developers in New York City

On Monday New York City entered Phase 1 of re-opening. Phase 1 guidance provides specific guidelines relating to construction, manufacturing, whole trade and select retail (for curbside pickup only), agriculture, forestry and…more

Construction Industry, Coronavirus/COVID-19, Manufacturing Employers, New York, Re-Opening Guidelines

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Making Bacon Still Requires a Significant Contribution for Joint Inventorship

Last week, in Hip, Inc. v. Hormel Foods Corporation, No. 2022-1696 (Fed. Cir. May 2, 2023), the Federal Circuit reversed Delaware District Chief Judge Colm F. Connolly’s decision to add an unnamed inventor onto a patent for…more

Inventors, Joint Inventors, Patents

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California Bill (AB-3129) Targets Private Equity and Hedge Fund Health Care Transactions

California Attorney General Rob Bonta (AG) and Assembly Speaker pro Tempore Jim Wood recently introduced legislation (AB-3129) that would authorize the AG to review private equity group and hedge fund health care transactions…more

California, Consent, Financial Transactions, Healthcare, Hedge Funds

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MintzTech Connect Industry News: Spotlight on mePrism

Google yourself. Why? You should know what is out there. You will find numerous companies selling personal information about you and your family to anyone who wants it. This is the same information that gets traded on the dark…more

Cyber Attacks, Cyber Crimes, Data Brokers, Data Protection, Google

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I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important lessons…more

Asset Management, Defend Trade Secrets Act (DTSA), Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA

Federal courts remain split on whether the Defend Trade Secrets Act (DTSA) allows for trade secret misappropriation claims brought under a theory of inevitable disclosure. Given this current patchwork of treatment of inevitable…more

Defend Trade Secrets Act (DTSA), Employment Policies, Inevitable Disclosure Doctrine, Jurisdiction, Misappropriation

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Heightened Risk for Banks as Account Fees Land on “Junk Fee” Agenda

Banks and financial institutions beware: an increased focus on so-called “junk fees” has litigants and regulators alike taking aim at checking and deposit account fees. Although recent political focus on “junk fees” has been…more

Banking Sector, Banks, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), FDIC

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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Part Two: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19

COVID-19 has flipped the landlord-tenant relationship on its head. Although evictions and recovering possession are off the table for now, landlords are eventually entitled to their full rent payments and are not necessarily…more

Business Interruption, Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords

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Challenging the Legality of a Cruel Immigration Policy

ICE apprehended “Angela” and her husband in 2019 shortly after they crossed the border into the United States from Mexico. When the couple requested asylum, ICE placed them in the Migrant Protection Protocols (MPP) program, more…more

Appeals, Asylum, Human Rights, Immigrant Protection Laws, Immigration and Customs Enforcement (ICE)

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Picture Claims as an Effective Patent Strategy: Top 10 Reasons to Precisely Tailor Your Patent Claim

A “picture” claim refers to a patent claim precisely tailored to track a particular product’s important advantages and features. When drafting a patent application, one should describe various embodiments of the invention and…more

Enforcement, Fund-raising, Inventions, Patent Applications, Patent Validity

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DHS Publishes Final H-1B Registration Rule; H-1B Registration Dates Announced

On February 2, 2024, the Department of Homeland Security (DHS) will issue a final ruledesigned to improve the integrity of the H-1B registration program. The rule, titled, “Improving the H-1B Registration Selection Process and…more

Department of Homeland Security (DHS), Final Rules, H-1B, Registration, USCIS

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Show Me The Money! Trends in Executive Compensation

As the calendar inches closer to 2024, a pivotal concern looms large in the minds of most employees: cash bonuses. However, for executives, especially those who work for private companies that may be involved in a potential…more

Bonuses, Capital Gains, Executive Compensation, Fair Market Value, Investors

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Bay Area Office Landlords Get Further Clarity from Updated Shelter in Place Order

UPDATE: On March 24, we posted a summary of California’s “shelter in place” order issued on March 16, 2020, and in particular discussed the relationship between it and the Bay Area county orders already in effect at the time. As…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Non-Essential Businesses

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Survival of Reps and Warranties: Avoiding Unpleasant Surprises for Buyers

Survival of representations and warranties (“reps and warranties”) is among the staples of highly negotiated provisions in M&A purchase agreements. The length of the survival period limits the time during which claims may be…more

Breach of Contract, Breach of Warranty, Representations and Warranties, Statute of Limitations, Survival Clauses

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Fighting for Access to Lifesaving HIV Medicine

Even with breakthrough medication that transformed the human immunodeficiency virus (HIV) from a near-certain fatal disease to a manageable but chronic illness, many with HIV still endure debilitating effects. For about…more

Affordable Care Act, Centers for Disease Control and Prevention (CDC), Chronic Care Managment (CCM), HIV, Medication-Assisted Treatment (MAT)

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Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 1 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the 180-day…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, Biden Administration, Department of Energy (DOE)

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SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment on…more

Coinbase, Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets

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How Companies Can Leverage the Value of Structured Workplace Mentoring

The value of mentoring has been popularized in many cultural contexts: apprenticeships, films, literature, business relationships, and the list goes on. According to a recent article published in the Economist, workplace…more

Career Development, Mentors, Professional Development

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The Prevailing Winds of Public Interest: Tailoring Injunctive Relief in Patent Litigation Through Carve Outs

Grants of permanent injunctions in U.S. district court patent litigation remain uncommon since the landmark decision in eBay v. MercExchange. LexMachina’s 2021 Patent Litigation Report highlights that courts grant fewer than…more

Carbon Emissions, Carve Out Provisions, Climate Change, Inflation Reduction Act (IRA), Offshore Wind

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Massachusetts Legislature Overhauls Public Records Law

Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of…more

Attorney's Fees, Burden of Proof, Discovery, Municipalities, New Legislation

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Massachusetts Paid Family and Medical Leave Updates – What Employers Need to Know

The Massachusetts Department of Family and Medical Leave (the “Department”) recently issued two updates to Massachusetts Paid Family and Medical Leave (“MA PFML”). The first update, effective November 1, 2023, offers employees…more

Compliance, New Rules, Paid Family Leave Law, Paid Time Off (PTO), Sick Leave

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Fighting for Access to Lifesaving HIV Medicine

Even with breakthrough medication that transformed the human immunodeficiency virus (HIV) from a near-certain fatal disease to a manageable but chronic illness, many with HIV still endure debilitating effects. For about…more

Affordable Care Act, Centers for Disease Control and Prevention (CDC), Chronic Care Managment (CCM), HIV, Medication-Assisted Treatment (MAT)

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PE Opportunity in Litigation Financing

Litigation financing has quickly grown from a fledging concept into a robust industry. The concept is simple: in exchange for a share of any proceeds, a financing firm agrees to pay all or a portion of the plaintiff’s legal…more

Client Services, Due Diligence, Litigation Fees & Costs, Litigation Funding, Private Equity Firms

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USPTO Proposes Fee Increases for FY 2017

The USPTO has published its notice of proposed rulemaking for the FY 2017 patent fee schedule in the Federal Register. The USPTO proposes fee increases to recover its estimated costs for patent operations and achieve its…more

America Invents Act, Covered Business Method Proceedings, Federal Register, Inter Partes Review (IPR) Proceeding, Patent Fees

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The Supreme Court’s SuperValu Decision on the “Knowingly” Element in the False Claims Act: Protecting Against Liability When There is Regulatory Ambiguity

In a resounding unanimous 9-0 decision, the Supreme Court rejected the argument that a defendant’s subjective belief is irrelevant under the False Claims Act (FCA) when evaluating whether a defendant “knowingly” submitted a…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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New EU-US Data Privacy Framework

The European Commission has published its long-awaited draft of the new EU-US Data Privacy Framework, available here. The Data Privacy Framework will replace the Privacy Shield decision that was invalidated in July 2020 by the…more

Biden Administration, Compliance, Data Privacy, EU-US Privacy Shield, European Commission

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Client Corner: Meet CEO and COO of Suono Bio, Scott Kellogg & Skip Farinha

Mintz’s Client Corner: Perspectives from Founders, Financiers, and Friends podcast series hosted by Mintz Member Joshua Fox explores the challenges and rewards associated with starting and running a business and investing in a…more

FDA Approval, Food and Drug Administration (FDA), Investment Management, Investors, Life Sciences

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Telephone and Texting Compliance News: Regulatory Update — Federal Communications Commission Kicks Off “Spring Cleaning” Initiative By Shutting Down Two Scam-Calling Campaigns

The Federal Communications Commission’s (Commission) Enforcement Bureau (Bureau) launched a new “Spring Cleaning” initiative this month to combat unlawful robocalling campaigns. On April 4, the Bureau sent a…more

Cease and Desist Orders, Compliance, Consumer Financial Protection Bureau (CFPB), Enforcement, FCC

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SEC Harmonizes and Improves “Patchwork” Private Offering Framework

On November 2, the SEC adopted amendments designed to harmonize and simplify the existing, complicated framework of private offering exemptions—the primary method by which private companies raise capital. The amendments…more

Capital Formation, Crowdfunding, Exemptions, Investment, Private Offerings

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Minimum Wage Increases and Ontario Employment Shake-up: What Employers Need to Know

Ontario’s Bill 149, Working for Workers Four Act, 2024, received royal assent on March 21 2024, bringing in new changes to Ontario’s employment landscape. Below are some of the key developments that businesses with employees in…more

Artificial Intelligence, Canada, Direct Deposit, Employment Standards Act, Job Ads

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EnforceMintz — DOJ’s Limited Use of NPAs and DPAs in Criminal Health Care Investigations

In January 2023, the Criminal Division of the Department of Justice (DOJ) announced revisions to its Corporate Enforcement Policy (CEP), which we previously summarized here and discussed in further detail as part of…more

Anti-Kickback Statute, Deferred Prosecution Agreements, Department of Justice (DOJ), False Claims Act (FCA), Non-Prosecution Agreements

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CPSC Adopts Final Rules for Button Cell and Coin Batteries with Sweeping Requirements

On September 11, 2023, the Consumer Product Safety Commission (CPSC) voted to adopt sweeping safety requirements, pursuant to Reese’s Law, for button cell and coin batteries and products containing these batteries or designed to…more

Batteries, Certifications, Compliance, Consumer Product Safety Commission (CPSC), Final Rules

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Governor Baker Signs Legislation Creating a Temporary Moratorium on Evictions: What Commercial Landlords Need to Know

Today, April 20, 2020, Governor Charles Baker signed into law an act providing for a moratorium on evictions and as well as foreclosures of residential property (the “Act”) during the pendency of Massachusetts’ COVID-19…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Governor Baker

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Fashion Nova’s Arbitration Clause Fades Away

Online retailers routinely include arbitration clauses in the terms of service for their website, seeking to send any consumer claims to arbitration and to eliminate a consumer’s right to file a class action lawsuit. Companies…more

American Arbitration Association, Arbitration, Class Action, Injunctive Relief, Mandatory Arbitration Clauses

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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FTC Identifies Concerns With Plaintiff’s Lawyers Advertisements Concerning Risks Associated With Pharmaceutical Drugs

I suspect that we’ve all had this experience. You’ve finished a long day of work, had dinner, and have cozied up on the couch with a glass of wine to watch a re-run of your favorite TV show. The show goes to commercial and all…more

Advertising, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Goods or Services, Pharmaceutical Industry

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The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+ Communications…more

Corporate Counsel, Damages, FRAND, Good Faith, Licensing Rules

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Busy Week for the FTC Shows Aspirations of and Limitations on Chair Khan’s Enforcement Agenda

Last week was momentous for the Federal Trade Commission. First, the campaign use antitrust to reign in “Big Tech” faced a setback as the United States District Court for District of Columbia dismissed the FTC’s suit against…more

Antitrust Provisions, Big Tech, Competition, Facebook, Federal Trade Commission (FTC)

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Energy & Sustainability Legal Feature — Recently Announced Clean Hydrogen Hub Program Funding

On September 22, 2022 the Biden-Harris administration announced a historic $7 billion funding opportunity to create regional clean hydrogen hubs (“H2Hubs”). One of the largest-ever public investments in clean hydrogen and in the…more

Biden Administration, Carbon Emissions, Department of Energy (DOE), Draft Guidance, Energy Projects

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AI-Based Patent Applications: Recent History and the Future

The emergence of artificial intelligence (AI) as a field of technology has correlated with an increase in patent application filings on AI-related inventions over the past two decades. With more filings than ever, businesses and…more

Artificial Intelligence, EU, Google, IBM, Inventions

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Intellectual Property for the Metaverse

How do you use the patent system to protect inventions related to the metaverse? What is the Metaverse? Merriam Webster defines the metaverse as “a persistent virtual environment that allows access to and interoperability of…more

Augmented Reality, Intellectual Property Protection, Inventions, Metaverse, Patents

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SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment on…more

Coinbase, Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets

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New for 2024: Compliance with the Corporate Transparency Act Necessary for Many Mintz Client

Clients with Limited Liability Companies, Corporations, and Other Entities Likely Impacted - Reporting requirements under the Corporate Transparency Act (CTA) are in effect beginning January 1, 2024. Under the CTA, many…more

Compliance, Corporate Transparency Act, Financial Institutions, FinCEN, Money Laundering

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Industrial Decarbonization Gets Boost in Latest DOE Funding Opportunity

Continuing the Biden administration’s push toward reducing industrial emissions and advancing clean energy manufacturing, the US Department of Energy’s (DOE) Office of Manufacturing Energy Supply Chains (MESC) issued a second…more

Applications, Biden Administration, Carbon Emissions, Clean Energy, Coal Industry

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Delaware Supreme Court Upholds Advance Waiver Of Statutory Appraisal Rights

The Delaware Supreme Court recently decided that an agreement (sometimes referred to as a “drag along”) to waive prospectively statutory appraisal rights is fully enforceable against the common stockholders who made such…more

Appeals, Appraisal Rights, DE Supreme Court, Investment, Investors

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Telephone and Texting Compliance News: Regulatory Update — Federal Communications Commission Kicks Off “Spring Cleaning” Initiative By Shutting Down Two Scam-Calling Campaigns

The Federal Communications Commission’s (Commission) Enforcement Bureau (Bureau) launched a new “Spring Cleaning” initiative this month to combat unlawful robocalling campaigns. On April 4, the Bureau sent a…more

Cease and Desist Orders, Compliance, Consumer Financial Protection Bureau (CFPB), Enforcement, FCC

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A Brief Summary of the SEC’s Proposed Climate-Related Rules

On March 21, 2022, the Securities and Exchange Commission (“SEC”) unveiled its long-anticipated proposed rules on climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors.”…more

Biden Administration, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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10 Millionth U.S. Patent Issues Today

Further to our previous blog post, the U.S. Patent and Trademark Office reported that the 10 millionth patent issued today with the new patent cover design…more

Covered Business Method Patents, Design Patent, Intellectual Property Protection, Inventions, Patent Applications

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CAUTION: Director Veto Rights in Financing Documents May Constitute “Disproportionate Voting”

Section 141(d) of the Delaware General Corporations Law (DGCL) allows the certificate of incorporation (COI) of a Delaware corporation to confer upon one or more directors voting powers greater than or less than those of other…more

Certificates of Incorporation, Corporate Governance, D&O Insurance, Delaware General Corporation Law, Individual Retirement Account (IRA)

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SEC Approves Spot Bitcoin ETFs But Gensler Still Disapproves of Crypto

On January 10, 2024, the U.S. Securities and Exchange Commission (“SEC”) approved eleven applications for spot exchange-traded funds (“ETFs”) tracking Bitcoin. This landmark moment for the crypto asset industry has been over 10…more

Appeals, Bitcoin, Cryptoassets, Cryptocurrency, ETFs

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Fast Track to Justice for Trade Secret Theft at the ITC: New Senate Bill Would Expand ITC Authority to Curtail Trade Secret Theft by Foreign Governments

Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The ITC’s…more

Foreign Governments, Imports, Intellectual Property Protection, International Trade Commission (ITC), Patent Infringement

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Energy & Sustainability Client Feature — Boston Metal

This month we are excited to feature Boston Metal, a company developing technology to fully decarbonize steel production. At the end of January 2023, Boston Metal announced the $120 million first close of Series C fundraising…more

Clean Energy, Energy Sector, Steel Industry, Sustainability

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Copy Cats II: Nexus of Copying Required to Substantiate Non-Obviousness

On January 28, 2021, the Federal Circuit affirmed the general principle that the mere fact of copying by an accused infringer is insufficient to rebut a charge of obviousness (L’Oreal USA, Inc. v. Olaplex, Inc.; appeal from…more

Confidential Information, L'Oreal, Obviousness, Patent Infringement, Patent Litigation

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

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Overview of Recent U.S. Tax Reform Part I – Certain Significant Changes Impacting C-Corporations

On December 22, 2017, H.R. 1, the Tax Cuts and Jobs Act (the “Tax Act”) was signed into law. As the first comprehensive U.S. federal income tax reform in over thirty years, the Tax Act includes dramatic changes to tax provisions…more

Acquisitions, Alternative Minimum Tax, C-Corporation, Corporate Taxes, Income Taxes

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Benefits and Legal Risks of Embracing Generative AI Applications

We are currently witnessing an AI revolution, and an unprecedented AI arms race among Big Tech over the incorporation of AI into their search engines and chatbot capabilities. Most notably, ChatGPT has been dominating news…more

Algorithms, Artificial Intelligence, Data Breach, Data Privacy, Data Protection

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Compliance with the Corporate Transparency Act Necessary for Many Estate Planning Clients

Reporting requirements under the Corporate Transparency Act (CTA) will go into effect beginning January 1, 2024. Under the CTA, many business entities formed or registered in the US will be required to provide the personal…more

Beneficial Owner, Beneficiaries, Compliance, Corporate Transparency Act, Employer Identification Number (EIN)

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Part Two: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19

COVID-19 has flipped the landlord-tenant relationship on its head. Although evictions and recovering possession are off the table for now, landlords are eventually entitled to their full rent payments and are not necessarily…more

Business Interruption, Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords

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FinCen Publishes Final Rule on Beneficial Ownership Requirements - a Critical Step Towards Heightened Transparency in U.S. Financial System

On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA” or the “Act”) to “better enable critical national security, intelligence and law enforcement efforts to counter money laundering, financing of terrorism,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Beneficial Owner, Certification Requirements, Corporate Transparency Act, Exemptions

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Section 409A Valuations: Mastering the Art and Science in a Volatile Venture Market

Within the unpredictable landscape of start-ups and private companies, market volatility can significantly alter a company’s financial trajectory. An integral part of navigating this volatility is understanding the role and…more

Acquisitions, Benchmarking, Fair Market Value, Intellectual Property Protection, IRS

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Supreme Court: Parody Not a Shield from Trademark Infringement

In Jack Daniels Properties, Inc. v. VIP Products LLC, (slip. op. No. 22-148, June 8, 2023), the United States Supreme Court reversed the Ninth Circuit, ruling that a “Bad Spaniels” dog toy designed to look like a Jack Daniels…more

Cease and Desist, Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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The Public Weighs In On How the SEC Should Regulate ESG Disclosures

The past several years has seen growing attention on climate change disclosures and other environmental, social, and governance (“ESG”) issues. In 2016, a variety of universities faced pressure as student bodies demanded…more

Biden Administration, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

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Discretion Retained: USPTO Dodges Attack from Big Tech to Rein in Discretionary IPR Denials

The U.S. Patent and Trademark Office (USPTO) recently thwarted an attempt by big tech companies such as Apple, Cisco, Google, and Intel, to rid themselves of discretionary denials under the Fintiv factors. While these companies…more

America Invents Act, Big Tech, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Ownership

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Massachusetts Paid Family and Medical Leave Updates – What Employers Need to Know

The Massachusetts Department of Family and Medical Leave (the “Department”) recently issued two updates to Massachusetts Paid Family and Medical Leave (“MA PFML”). The first update, effective November 1, 2023, offers employees…more

Compliance, New Rules, Paid Family Leave Law, Paid Time Off (PTO), Sick Leave

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Did you form an entity this year?! Is it exempt from reporting?! What actually goes in the BOIR?! It's time to focus on the CTA.

The CTA is on everyone's minds now, because entities formed prior to January 1, 2024 only have until the end of the year to file their Beneficial Ownership Information Reports (BOIRs), and, more urgently, entities formed since…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Investment Funds, Joint Venture

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House Energy Committee Leadership Post Opens as Top Republican Announces Retirement

Start of Election Season Triggers Many Retirements - With the elections nine months away, 43 members of the House have announced they will not seek reelection. An additional three seats will need to be filled due to…more

Legislative Committees, Members of Congress, Nominations, Retirement

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Executive Compensation: Moving Forward in a COVID-19 World

Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens…more

Board of Directors, Compensation & Benefits, Coronavirus/COVID-19, Employment Contract, Executive Compensation

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Crowdfunding Considerations For Early Stage Companies

The Securities and Exchange Commission (the “SEC”) amended and expanded its capital raising rules for Regulation Crowdfunding (“Regulation CF”) in November 2020, effective in March 2021, to increase the amount that a company can…more

Crowdfunding, Disclosure Requirements, Investors, Offerings, Resales Agreements

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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DOJ Speaks About More White Collar Enforcement, But It's More Interesting to Look at What Was Left Unsaid

Very interesting article from the Wall Street Journal talking about more upcoming white collar enforcement, particularly in the areas of sanctions and Foreign Corrupt Practices Act (FCPA) cases. But the interesting omission to…more

Bribery, Department of Justice (DOJ), Enforcement, Foreign Corrupt Practices Act (FCPA), Securities and Exchange Commission (SEC)

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Strengthen Software Claims Against Alice Challenges through Coined Terms and Depicting Technical Advantages in Figures

The Federal Circuit recently provided strategic guidance for defending software claims against Alice challenges that claims recite ineligible patent subject matter under 35 U.S.C. § 101. In Mentone Solutions LLC v. Digi…more

Abstract Ideas, Alice/Mayo, Patent Litigation, Patent-Eligible Subject Matter, Patents

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

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Compliance Dates Are Set: A Roadmap for Private Fund Advisers to Start Preparing for the SEC’s New Rules for Private Fund Advisers

The US Securities and Exchange Commission (“SEC”) recently finalized sweeping new rules for private fund advisers (the “PFA Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). The PFA Rules…more

Audits, Clawbacks, Compliance, Custody Rule, Exempt Reporting Advisers (ERAs)

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Action Items on Technology and Communication Policies in front of the Senate Commerce Committee

With the Senate set to flip to Democratic control in the 117th Congress, albeit by a razor thin margin, the policy priorities for the upper chamber are likely to significantly change. In so doing, the various Senate committees…more

Biden Administration, Communications Decency Act, Cybersecurity, Department of Justice (DOJ), FCC

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Straight EB-5 Extension in Proposed Omnibus Appropriations Bill

A provision to extend the current EB-5 Program until September 30, 2018 is contained in the proposed Consolidated Appropriations Act, 2018 (“Omnibus”). If passed by the Congress and signed into law by the President this week,…more

Appropriations Bill, EB-5, Federal Budget, Immigration Procedures, Legislative Agendas

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DOJ Releases COVID-19 Fraud Enforcement Task Force Report Touting Its Successes and Urging Lawmakers to Enact New Legislation

The government’s continued dedication of resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs appears to have borne fruit according to the results of the COVID-19 Fraud Enforcement Task…more

Anti-Kickback Statute, Biden Administration, Coronavirus/COVID-19, Criminal Prosecution, Department of Health and Human Services (HHS)

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FDA Warning Letter Is a Stark Reminder that if You Claim Your Product Is RUO, it Has to Be RUO

In vitro diagnostics, or IVDs, have a somewhat unique position among the gamut of products that the Food and Drug Administration (FDA) oversees and regulates on behalf of the U.S. public. IVDs are classified as medical devices…more

FDA Warning Letters, Food and Drug Administration (FDA)

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Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 1 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the 180-day…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, Biden Administration, Department of Energy (DOE)

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How Can the Updated USPTO Guidance on Determining Obviousness Help You?

Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. § 103. Since it is…more

Intellectual Property Protection, Inventions, New Guidance, Obviousness, Patents

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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EnforceMintz — Government Scrutiny of Medicare Advantage Organizations Expected to Continue in 2024

Medicare Advantage (also known as Medicare Part C) remains a top enforcement priority as evidenced by False Claims Act (FCA) investigations and litigation involving nearly all large Medicare Advantage Organizations (MAOs). As…more

Beneficiaries, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Data Mining, Department of Health and Human Services (HHS)

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The AI Search Engine Doctor Is Always In: What Are the Regulatory and Legal Implications?

The information age in which we live is reaching a new milestone with the development and ready access to conversational artificial intelligence based on advanced transformer algorithms, or AI chatbots, including their upcoming…more

21st Century Cures Act, Algorithms, Artificial Intelligence, Food and Drug Administration (FDA), Medical Devices

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Key Lessons from Patent Litigation for Drafting and Prosecuting Utility Patent Applications

In almost every U.S. patent suit, the patentee’s counsel considers how the case could have been facilitated had the patent at issue been drafted and prosecuted differently. These considerations demonstrate that patents should…more

Claim Construction, Corporate Counsel, Covered Business Method Patents, Patent Applications, Patent Litigation

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Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction?

Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs). This failed strategy is…more

Brazil, ETSI, FRAND, Injunctions, Licensing Rules

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Compliance with the Corporate Transparency Act Necessary for Many Estate Planning Clients

Reporting requirements under the Corporate Transparency Act (CTA) will go into effect beginning January 1, 2024. Under the CTA, many business entities formed or registered in the US will be required to provide the personal…more

Beneficial Owner, Beneficiaries, Compliance, Corporate Transparency Act, Employer Identification Number (EIN)

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Frequently Asked Questions for Private Companies Considering a Reverse Merger

*This piece appears in PitchBook’s 2023 Annual US VC Valuations Report. We believe this is the wrong question—we view a reverse merger as "going public" during your cross-over round, rather than as an alternative to an IPO..…more

Initial Public Offering (IPO), Jurisdiction, Liquidity, Mergers, Nasdaq

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Six Contracting Tips for Property Owners and Real Estate Developers to Protect Themselves from Contractor Distress and Related Bankruptcy Filings

Over the past year, the Covid-19 pandemic upended many industries. While the construction industry has largely been able to operate throughout the pandemic, albeit with increased and ever-changing restrictions on jobsites, one…more

Automatic Stay, Bankruptcy Code, Commercial Bankruptcy, Construction Contracts, Construction Industry

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California Assembly Passes Sweeping Age-Appropriate Privacy Legislation

California is leading the way on privacy regulation --- again. The California State Assembly has passed AB 2273, which, if approved by the California Governor, would require businesses that provide online services, products,…more

California, Civil Monetary Penalty, COPPA, Injunctive Relief, Privacy Laws

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Energy & Sustainability Legal Feature – Increased Opportunity for More Taxpayers to Access Clean Energy Tax Credits and Related Considerations and Limitations

This past summer, the Treasury and Internal Revenue Service (IRS) published proposed Treasury Regulations (88 FR 40528 and 88 FR 40496) under two key provisions of the Inflation Reduction Act of 2022 (IRA) designed to enable…more

Clean Energy, Energy Projects, Energy Sector, Inflation Reduction Act (IRA), IRS

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Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

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EU Regulators Announce Greenwashing Investigation of 20 Airlines

The European Commission and EU consumer authorities have sent letters to 20 airlines “identifying several types of potentially misleading green claims,” focusing on “claims made by airlines that the CO2 emissions caused by a…more

Airlines, Enforcement Actions, EU, Greenhouse Gas Emissions, Greenwashing

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Fashion Nova’s Arbitration Clause Fades Away

Online retailers routinely include arbitration clauses in the terms of service for their website, seeking to send any consumer claims to arbitration and to eliminate a consumer’s right to file a class action lawsuit. Companies…more

American Arbitration Association, Arbitration, Class Action, Injunctive Relief, Mandatory Arbitration Clauses

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Some Harm is All it Takes – the Supreme Court Lowers the Bar For Title VII Discrimination Claims Involving Lateral Job Transfers.

In Muldrow v. City of St. Louis, Mo., the U.S. Supreme Court made it easier for employees who are involuntarily transferred to a lateral position to pursue discrimination claims, even when they retain the same pay, benefits and…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues

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Navigating the Legalization of Hemp under the 2018 Farm Bill Involves Changes to the Issuance of Federal Trademarks in the Cannabis Industry

Legalizing “hemp” under the Agricultural Improvement Act of 2018 (2018 Farm Bill) has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and…more

Agribusiness, Cannabidiol (CBD) oil, Controlled Substances Act, Corporate Counsel, Farm Bill

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May Madness: Montana’s New Consumer Data Privacy Law Follows the Leaders ... and we’re not talking about California!

Our May Madness series is getting you caught up on comprehensive privacy legislation passing state legislatures across the nation.  In April, governors signed legislation in Tennessee and Indiana, and this month ahead of their…more

Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Privacy, Data Protection

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COVID-19: Prioritized Patent Application Examination and Patents 4 Partnerships

The United States Patent and Trademark Office (USPTO) has recently launched two new initiatives to support COVID-19 innovations: 1) a COVID-19 Prioritized Examination Pilot Program, and 2) Patents 4 Partnerships that provides a…more

Artificial Intelligence, Coronavirus/COVID-19, FDA Approval, Food and Drug Administration (FDA), Patent Applications

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Health Care Privacy and Security In 2024: Six Critical Topics to Watch

As we reflect on the flurry of activity in the health care data privacy and security space in 2023 and look ahead to what will continue to be a busy 2024, we are seeing the early stages of federal agency movement to align the…more

Artificial Intelligence, Cybersecurity, Data Breach, Data Security, Department of Health and Human Services (HHS)

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Optimizing Data Centers to Meet the Needs of Cryptocurrency Miners

Data centers are the twenty-first century nexus between the commercial real estate and telecommunication business sectors. Owners, operators and developers of data centers face the difficult task of continually adapting to the…more

Blockchain, Commercial Real Estate Market, Cryptocurrency, Data Centers, Data Storage Providers

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How Can the Updated USPTO Guidance on Determining Obviousness Help You?

Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. § 103. Since it is…more

Intellectual Property Protection, Inventions, New Guidance, Obviousness, Patents

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With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

Functional Claiming in Software Patents - Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm. Because algorithms are…more

Algorithms, Claim Limitations, Computer-Related Inventions, Indefiniteness, Intellectual Property Protection

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A Mintz Health Care Roundtable: Current Trends in State Health Care Transaction Review and What to Expect in 2024

States are increasingly exercising regulatory oversight of health care transactions by enacting laws requiring prior notice or approval of certain health care transactions. Currently, 15 states have enacted health care…more

Ambulatory Surgery Centers, Health Care Providers, Healthcare, Laboratories, Notice Requirements

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2023 Round-Up on State Consumer Data Privacy Laws

Looking back sometimes means looking forward. That is absolutely the case for new comprehensive data privacy statutes enacted in a number of U.S. states during 2023, including Indiana, Tennessee, Montana, Florida, Texas and…more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Enforcement, Opt-Outs

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Do Patent Claims to Methods of Treatment Cover In Vivo Transformations?

Where an alleged infringer administers a substance A to a subject, and the substance is subsequently transformed to a therapeutic agent X inside the subject’s body, does the administration of the substance A constitute an act of…more

Claim Construction, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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Mintz Levin Health Care Qui Tam Update - February 2019

Overview of Qui Tam Activity - We identified 49 health care-related qui tam cases that were unsealed in September and October 2018. The government intervened in whole or in part in 10 of those 49 unsealed cases, which is…more

Anti-Kickback Statute, Dismissals, False Claims Act (FCA), Former Employee, Fraud

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Preparing a VC-Backed Company for an Exit Event

Initial public offerings (IPOs) and M&A exits are the two most common means of achieving liquidity in a private company. This article addresses an acquisition transaction, which requires preparation and oversight that many…more

Acquisitions, Capital Raising, Early Stage Companies, Initial Public Offering (IPO), Investment

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Court Vacates SEC’s New Share Repurchase Disclosure Rules

On December 19, 2023, the US Court of Appeals for the Fifth Circuit vacated the Securities and Exchange Commission’s (SEC) share repurchase disclosure rules, which were adopted in May 2023 and became effective on July 31, 2023…more

Administrative Procedure Act, Appellate Courts, Disclosure Requirements, Equity Securities, Repurchases

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An Arbitrator’s Power May Be Greater Than That of a Judge

Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement. Paradoxically, although an arbitration agreement can be written (double-spaced) on one side of a…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Commercial Contracts

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The Expanding Contours of Permissible Non-Debtor Releases in the Ninth Circuit

Until recently, courts in the Ninth Circuit have generally followed the minority view that non-debtor releases in a bankruptcy plan are prohibited by Bankruptcy Code Section 524(e), which provides that the “discharge of a debt…more

Bankruptcy Code, Bankruptcy Plans, Commercial Bankruptcy, Creditors, Fiduciary Duty

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SCOTUS Declines to Answer Calls for Clarification in American Axle v. Neapco

The United States Supreme Court denied certiorari in the closely observed case American Axle & Manufacturing, Inc., v. Neapco Holdings LLC. The Court’s refusal to hear the case disappointed patent practitioners nationwide—and…more

Ad-Hoc Mandates, Alice/Mayo, Appeals, En Banc Review, Patent-Eligible Subject Matter

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Court Vacates SEC’s New Share Repurchase Disclosure Rules

On December 19, 2023, the US Court of Appeals for the Fifth Circuit vacated the Securities and Exchange Commission’s (SEC) share repurchase disclosure rules, which were adopted in May 2023 and became effective on July 31, 2023…more

Administrative Procedure Act, Appellate Courts, Disclosure Requirements, Equity Securities, Repurchases

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FTC Warns AI Companies to Honor Privacy and Confidentiality Commitments — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. On January 9, 2024, the Federal Trade Commission (FTC or Commission) published a…more

Algorithms, Artificial Intelligence, Confidentiality Agreements, Consumer Protection Laws, Data Collection

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Compliance with the Corporate Transparency Act Necessary for Many Estate Planning Clients

Reporting requirements under the Corporate Transparency Act (CTA) will go into effect beginning January 1, 2024. Under the CTA, many business entities formed or registered in the US will be required to provide the personal…more

Beneficial Owner, Beneficiaries, Compliance, Corporate Transparency Act, Employer Identification Number (EIN)

See all updates »

New York City's Health Care Price Transparency Law Takes Effect

In summer of 2023, New York City Mayor Eric Adams signed Intro. 844-A (Local Law 844-A) and amended the New York City Charter. Local Law 844-A directs Mayor Adams to establish an Office of Healthcare Accountability that will…more

City of New York, Health Care Providers, Healthcare Facilities, IRS, Medicare

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

See all updates »

Using Corporate Bylaws and Charters to Set the Rules for Shareholder Litigation

Recent court decisions, including the Delaware Supreme Court’s opinion earlier this month in ATP Tour, Inc. v. Deutscher Tennis Bund, have focused new attention on the use of corporate bylaws and charters to establish the ground…more

American Rule, ATP Tours, Attorney's Fees, Board of Directors, Bylaws

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USPTO Prepares to Celebrate the Issuance of the Ten Millionth U.S. Patent

The United States Patent and Trademark Office (USPTO) anticipates issuing the 10 millionth utility patent at some point during the summer 2018. According to the USPTO, “[t]his milestone of human ingenuity perhaps exceeds even…more

Design Patent, Inventions, Patent Applications, Patents, USPTO

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FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule

The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Governor Baker Signs Legislation Creating a Temporary Moratorium on Evictions: What Commercial Landlords Need to Know

Today, April 20, 2020, Governor Charles Baker signed into law an act providing for a moratorium on evictions and as well as foreclosures of residential property (the “Act”) during the pendency of Massachusetts’ COVID-19…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Governor Baker

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Everything You Always Wanted to Know About California’s Workplace Violence Prevention Plan (But Were Afraid to Ask) - Answers to 10 Frequently Asked Questions On California’s New Law

Beginning July 1, 2024, a new California law (SB 553) will require most California employers to establish workplace violence prevention plans.  We answer 10 frequently asked questions about the new law below…more

Cal-OSHA, California, Deadlines, Employee Training, Employer Liability Issues

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EnforceMintz — DOJ and OIG Guidance Emphasizes the Importance of a Robust and Dynamic Compliance Program

2023 was a busy year across several federal agencies in terms of issuing compliance guidance for corporations, including health care companies. For example, the Department of Justice (DOJ) issued significant compliance program…more

American Bar Association (ABA), Clawbacks, Compensation, Compliance, Department of Health and Human Services (HHS)

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Determining Entity Status Before the United States and Patent Trademark Office: Large, Small, or Micro?

At the time of filing any patent application with the United States and Patent Trademark Office (USPTO), patent applicants must designate their entity status. Selecting the correct entity status can significantly reduce costs,…more

America Invents Act, Fees, Higher Education Act, Micro Entity Status, Nonprofits

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Commercial Leases in the Age of COVID-19 - A Menu of Options for Landlords and Tenants

The interruption to business-as-usual in the commercial real estate industry brought about by the COVID-19 pandemic has been unprecedented and, while hopefully only temporary, the full extent of the impact may not be entirely…more

Abatement, Business Interruption, CARES Act, Commercial Leases, Commercial Property Owners

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Energy & Sustainability Legal Feature — The Recently Announced Federal-State Partnership to Accelerate the Development of Offshore Wind Projects

On June 23, the White House announced the launch of a Federal-State Offshore Wind Implementation Partnership to accelerate the development of US offshore wind projects. This partnership is a joint effort of the Biden…more

Biden Administration, Energy Sector, Investment, MARAD, NREL

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January 2024 update: US Department of State Announces Pilot Program for Stateside H-1B Visa Renewals

On January 18, 2024, the Department of State published an online tool that H-1B visa applicants can use to determine if they are eligible for the stateside visa renewal pilot program. Over time, it is likely that the Department…more

Department of Homeland Security (DHS), H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Immigration Reform

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ALERT: New COVID-19 Vaccine Paid Leave for New York Employees

As we enter the second year of the COVID-19 pandemic, New York employers must now grapple with another new paid leave requirement from New York State. A new law signed by Governor Cuomo on March 12, 2021 amends New York’s Labor…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Governor Cuomo, Paid Leave

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2022 Amendments to the Bankruptcy Rules

The latest amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) took effect on December 1, 2022. This collection of modifications may be broadly divided into two categories: (i) amendments and a new…more

Chapter 11, Chapter 12, Chapter 13, Chapter 7, Debtors

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FinCen Publishes Final Rule on Beneficial Ownership Requirements - a Critical Step Towards Heightened Transparency in U.S. Financial System

On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA” or the “Act”) to “better enable critical national security, intelligence and law enforcement efforts to counter money laundering, financing of terrorism,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Beneficial Owner, Certification Requirements, Corporate Transparency Act, Exemptions

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Spotlight On ESG Investing: The Importance of Understanding Environmental, Social and Governance Factors and Their Impact on Investing

The Corporation’s Role in Society - Today During the past several years, public companies have come under increasing pressure from investors and society at large to use their resources and influence for broad and meaningful…more

Business Plans, Climate Change, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG)

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The CARES Act: What Multifamily Owners with Federally Backed Mortgage Loans Should Know

In response to the COVID-19 outbreak, the United States, like many states has reacted by providing certain multifamily landlord and tenants with economic benefits during this unprecedented global pandemic. On March 27, 2020,…more

CARES Act, Coronavirus/COVID-19, Eviction, Federal Loans, Financial Stimulus

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New ESG Requirements for Banks that Hold Public Funds May Raise Challenging Compliance Issues

Much ink has been spilled about ESG laws and regulations targeted at the investment of public funds, and rightfully so.  Yet, there has been little discussion of novel requirements imposed on banks that simply hold state or…more

Banks, Compliance, Employment Discrimination, Environmental Social & Governance (ESG), Financial Institutions

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My Health, My Data! Washington State Enacts Broad Health Data Privacy Protection Law

Washington greatly expanded the protection for consumers’ identifiable health information by enacting the “My Health My Data Act” (MHMDA), in an effort to close the gap between HIPAA protections and the laws protecting the…more

Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Data Privacy, Disclosure Requirements, Employee Training

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Strategies to Unlock AI’s Potential in Healthcare Part 6: Commercialization of AI Tools in Healthcare – the Challenge of Securing Adequate Data Rights

As noted in previous posts in this series, AI tools hold great promise for applications in healthcare. To date, AI tools in healthcare primarily leverage machine learning technology – i.e., the machine’s ability to keep…more

Content Aggregators, Contract Terms, Cybersecurity, Data Collection, Data Privacy

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EnforceMintz — Tech Corner: Q&A with Mintz’s E-Discovery Pro Regarding Artificial Intelligence

Artificial intelligence (AI) is a phrase that we hear in many different areas of our e-data and discovery practice. But, as it relates to e-discovery, AI is not necessarily a new development..…more

Artificial Intelligence, Document Review, e-Discovery, Technology Sector, Technology-Assisted Review

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Over a Decade in the Making: CMS Releases Long-Awaited Medicaid Managed Care Rule

On May 27, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published a 653-page proposed rule affecting the thirty-nine states (plus the District of Columbia) that use managed care organizations (“MCOs”) to…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Managed Care Contracts, Medicaid

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Caremark Liability Following the SEC’s New ESG Reporting Requirements

Recent developments in the Court of Chancery concerning a corporate board’s duty to monitor and provide oversight over a corporation’s operations, so-called Caremark claims, are likely to intersect with the Securities and…more

Caremark claim, Climate Change, Corporate Governance, DE Supreme Court, Disclosure Requirements

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New York Proposes Regulatory Review and Approval of Material Health Care Entity Transactions

On February 1, 2023, New York Governor Kathy Hochul announced the Fiscal Year 2024 New York State Executive Budget (the Executive Budget). One component of the Executive Budget’s Health and Mental Hygiene Article VII Legislation…more

ACOs, Acquisitions, Anti-Competitive, Enforcement, Health Care Providers

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Genus Claims: Foiled again by Written Description

In late August of 2021, the Federal Circuit reversed a jury verdict of $1.2 billion in favor of Juno Therapeutics and Sloan Kettering Institute because the jury’s finding that four of the asserted patent claims did not lack…more

Patent Litigation, Patents, Pharmaceutical Patents, Reversal

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What’s New in Wireless - April 2024

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily…more

Broadband, Cybersecurity, Distance Learning, FCC, Infrastructure

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EnforceMintz — Tech Corner: Q&A with Mintz’s E-Discovery Pro Regarding Artificial Intelligence

Artificial intelligence (AI) is a phrase that we hear in many different areas of our e-data and discovery practice. But, as it relates to e-discovery, AI is not necessarily a new development..…more

Artificial Intelligence, Document Review, e-Discovery, Technology Sector, Technology-Assisted Review

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OIG Expresses Concern about Laboratory Specimen Collection Payments to Hospitals in AO 22-09

Last week, the Office of Inspector General (OIG) for the Department of Health and Human Services (HHS) issued Advisory Opinion No. 22-09 (AO 22-09), which addresses a proposed arrangement pursuant to which the operator of a…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA), Fraud

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Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice

In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,…more

Anti-Competitive, Antitrust Violations, Bargaining Power, Breach of Contract, Declaratory Judgments

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A Post (f/n/a “Tweet”) to Remind Plan Sponsors of Key Considerations in Designing Severance Plans

The recent Complaint filed for severance benefits against Elon Musk, X Corp., et.al., serves as a reminder that it is as important to clearly establish the fiduciary governance structure over severance plans subject to the…more

Benefit Plan Sponsors, Corporate Officers, Elon Musk, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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AbbVie’s Enforcement of its ‘Patent Thicket’ For Humira Under the BPCIA Does Not Provide Cognizable Basis for an Antitrust Violation

In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation, No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S. purchasers of AbbVie Inc.’s…more

Anti-Competitive, Antitrust Injuries, Antitrust Litigation, Biopharmaceutical, Biosimilars

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Beware Dark Patterns – What are They and What Should Your Business Do About Them?

While the term “dark patterns” is not new, it has recently been getting a more attention, not least because the newly passed California Privacy Rights Act (“CPRA”) will regulate dark patterns. In this article, we will focus on…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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Another Declination from DOJ’s Criminal Division Emphasizes the Continued Focus on Voluntary Self-Disclosure in 2024

Drawing on a carrot and stick approach, Department of Justice (“DOJ” or the “Department”) guidance in 2023 focused heavily on incentivizing companies to voluntarily self-disclose their misconduct. This guidance included the…more

Corporate Misconduct, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP), Fraud, Self-Disclosure Requirements

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American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that…more

Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, Enforcement, Federal Trade Commission (FTC)

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FTC Complaint Against Rite Aid Signals New Paradigm for Evaluating AI Technology Use

Late last month, the Federal Trade Commission (FTC) filed a complaint for permanent injunctive relief and sanctions against Rite Aid, alleging that the pharmacy chain’s widespread use of facial recognition technology, deployed…more

Artificial Intelligence, Facial Recognition Technology, Federal Trade Commission (FTC), FTC Act, Injunctive Relief

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Massachusetts Appeals Court Holds that Restrictive Covenants Created as Part of a Common Scheme May Be Extended Beyond Thirty Years Only if Explicitly Allowed in the Original Instrument

On December 5, 2017, the Massachusetts Appeals Court issued an important decision in Berger v. 2 Wyndcliff, LLC, No. 16-P-336 (Mass. App. Ct. Dec. 5, 2017), clarifying the extent to which land owners in a common-scheme…more

Land Developers, Land Owners, Local Ordinance, Property Owners, Real Estate Development

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How NFTs and Blockchain Secure Digital Sports Collectibles

Today, there are new opportunities to own a bit of sports history. It is now possible to even own a digital collectible of your favorite athlete making a play during a game. NFTs (non-fungible tokens) are being used to provide…more

Artists, Athletes, Blockchain, Counterfeiting, Digital Assets

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Key Considerations for Adopting Ephemeral Communications Tools

The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in lieu…more

Data Storage Providers, Discovery Costs, Duty to Preserve, Electronically Stored Information, Emerging Technology Companies

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Expanding Association Health Plans—Which Agencies Need to do What

On October 13th, President Trump signed an Executive Order directing various federal agencies to consider how to achieve three administration health reform objectives: (1) expand access to Association Health Plans (AHPs); (2)…more

Affordable Care Act, Association Health Plans, Centers for Medicare & Medicaid Services (CMS), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

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Amendment to Delaware Law Permits Exculpation of Officers in Corporate Charters

Delaware has long permitted corporations to limit or eliminate monetary liability of directors from breach of fiduciary duty of care lawsuits. However, the same protections have not been afforded to a corporation’s officers…more

Board of Directors, Breach of Duty, Class Action, Corporate Counsel, Corporate Officers

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Director Fiduciary Duties May Extend Post-Closing in Multi-Stage Transactions

A recent decision by the United States District Court for the Southern District of New York highlights directors’ fiduciary duty to evaluate all aspects of multi-stage transactions, including those portions to be effectuated…more

Aiding and Abetting, Breach of Duty, Business Judgment Rule, Fiduciary Duty, Motion to Dismiss

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IRA Update: IRS Releases Limited Guidance on Low-Income Community Adder and Establishes Allocation Program Needed to Make the Adder Available

On Monday, February 13, 2023, the Department of the Treasury (Treasury) and the IRS published Notice 2023-17 (the Notice), establishing the program for allocating environmental justice capacity limitations (the Allocation…more

Environmental Justice, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, Low-Income Issues

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: January 2018

Overview of Qui Tam Activity: ..We identified 47 health care-related qui tam cases that were unsealed in August and September 2017. ..Over those two months, the rate of intervention was relatively high — at least 34%. For the…more

False Claims Act (FCA), Kickbacks, Pharmaceutical Industry, Qui Tam, Whistleblowers

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Preparation for 2023 Fiscal Year-End SEC Filings and 2024 Annual Shareholder Meetings

A number of significant regulatory, legal, market, and ESG-related developments and issues will affect how public companies approach the upcoming year-end reporting process. As in past years, Mintz has prepared an in-depth…more

10b5-1 Plans, Artificial Intelligence, Chief Information Security Officer (CISO), Clawbacks, Climate Change

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An Employee or an Independent Contractor?

The distinction between employees and independent contractors is often overlooked by emerging companies. However, the significance of this distinction in New York State cannot be overstated. As discussed further below, a…more

Employee Benefits, Employee Definition, Employer Liability Issues, Hiring & Firing, Independent Contractors

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With its Vanda Pharma and Berkheimer Memos, USPTO Provides Increased Clarity and Predictability in the Patent Eligibility Determination in a Further Boost for Stakeholders and Innovators in Personalized Medicine

In the time since the Federal Circuit issued its Vanda Pharma decision in April, Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. 887 F.3d 1117 (Fed. Cir. 2018), we have had more good news for the patent eligibility of claims…more

Intellectual Property Protection, Mayo v. Prometheus, Patent-Eligible Subject Matter, Patents, Personalized Medicine

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SEC Amends Shareholder Proposal Eligibility Rules

On September 23, 2020, the Securities and Exchange Commission (the “SEC”) finalized amendments to certain security ownership thresholds, procedural requirements, and resubmission thresholds under the shareholder proposal…more

Corporate Governance, Publicly-Traded Companies, Rule 14a-8, Securities and Exchange Commission (SEC), Securities Exchange Act

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PTAB statistics show interesting trends for Orange Book and biologic patents in AIA proceedings

The Patent Trial and Appeal Board (“PTAB”) regularly tracks statistics regarding administrative trials conducted under the processes created by the America Invents Act (“AIA”), which provide insight into recent trends occurring…more

Abbreviated New Drug Application (ANDA), America Invents Act, Biologics, BPCIA, Food and Drug Administration (FDA)

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Supercapacitor Patent Row Between CAP-XX and Maxwell Technologies Goes to Court this Week

After four years of litigation, Australian-based CAP-XX, Ltd. finally commenced its patent infringement trial this Monday against Maxwell Technologies, Inc. before Judge Jennifer Hall and a Delaware jury and is set to end on…more

Energy Storage, Jury Selection, Patent Infringement, Patent Invalidity, Patent Litigation

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Telephone and Texting Compliance News: Litigation Update — Courts Continue to Scrutinize Pleadings in TCPA Cases

A couple of recent district court decisions confirm that courts across the country continue to scrutinize and will dismiss complaints that contain conclusory and/or contradictory allegations without facts to support plaintiffs’…more

Facebook Inc v Duguid, Pleading Standards, Robocalling, TCPA, Telephone Service Providers

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Clean Edge 2014 Clean Energy Trends Report: Key Trends Emerging from 2013

We saw some key trends emerging and we are proud to be part of the Clean Edge 2014 Clean Energy Trends Report, released last week. The report highlights trends on the rise and provides a comprehensive glance back at 2013. Some…more

Clean Energy, Energy Sector, Solar Energy

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A Mintz Health Care Roundtable: Current Trends in State Health Care Transaction Review and What to Expect in 2024

States are increasingly exercising regulatory oversight of health care transactions by enacting laws requiring prior notice or approval of certain health care transactions. Currently, 15 states have enacted health care…more

Ambulatory Surgery Centers, Health Care Providers, Healthcare, Laboratories, Notice Requirements

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Insight: Important Matters to Consider When Facing a Possible Down Round Financing

The financial press has been reporting that investors are concerned that the United States economy may be heading toward a recession. In light of this and other factors creating uncertainty in the financial markets, investors…more

Breach of Duty, Debt Financing, Down Rounds, Fiduciary Duty, Financing

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Treasury Department Issues Guidance on Round Two of §48C Advanced Energy Tax Credit Program

The highly anticipated guidance for the second round of allocations (Round Two) under the US Treasury’s §48C Qualifying Advanced Energy Project Tax Credit program was released this week pursuant to IRS Notice 2024-36, with…more

American Recovery and Reinvestment Act, Clean Energy, Department of Energy (DOE), Energy Sector, Greenhouse Gas Emissions

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June Leader in the News: Axiom Exergy Closes $7.6 Million Series A with a New Thermal Storage Model for Grocery Stores

In May, Mintz Levin client Axiom Exergy closed an impressive $7.6 million Series A round to scale its cold-storage device for grocery stores, bringing its total fundraising to $12.5 million. Led by Shell Ventures and GXP…more

Battery, Electricity, Energy Efficiency, Energy Storage, Innovative Technology

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Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform could be patented or protected under trade secret, such as related to biotech and synthetic biology. Equally important to…more

Artificial Intelligence, Copyright, Copyright Infringement, Inventions, Machine Learning

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Further Updates to the CPPA Proposed Regulations: Risk Assessments and Automated Decisionmaking Technology

After years of internal discussion, the Board of the California Privacy Protection Agency (CPPA), at their March 8th meeting, voted to progress toward formalizing the proposed regulations on risk assessments and automated…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, California Privacy Protection Agency (CPPA), Corporate Counsel

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New York City's Health Care Price Transparency Law Takes Effect

In summer of 2023, New York City Mayor Eric Adams signed Intro. 844-A (Local Law 844-A) and amended the New York City Charter. Local Law 844-A directs Mayor Adams to establish an Office of Healthcare Accountability that will…more

City of New York, Health Care Providers, Healthcare Facilities, IRS, Medicare

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Staying Connected in the Busiest of Times

Adam Grant has published many good reads and I was reminded of his earlier work today ("Give and Take: Why Helping Others Drives Our Success"). So many lawyers across the legal industry are incredibly busy now and struggling to…more

Client Retention, Client Services, Law Firm Ownership, Law Practice Management, Relationship Development

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Preparing for an Exit: Selling Your Robotics Company

Robots are everywhere. Healthcare, logistics, manufacturing and other critical areas of the economy are being redefined by the robotics and artificial intelligence advances of today’s technology entrepreneurs. With this…more

Artificial Intelligence, Confidential Information, Drones, Emerging Technology Companies, Federal Acquisition Regulations (FAR)

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Supreme Court Declines to Weigh in on False Claims Act Pleading Requirements

The Supreme Court recently denied petitions for writs of certiorari in three closely watched cases where parties asked the Court to clarify the heightened pleading standard governing fraud allegations under the False Claims Act…more

False Claims Act (FCA), Federal Rules of Civil Procedure, Fraud, FRCP 9(b), Petition for Writ of Certiorari

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Supreme Judicial Court Affirms Award 0f $2,250,000 plus Interest Against Insurer for Breach of Duty to Defend and Settle — on $50,000 Policy

In Boyle v. Zurich American Insurance Company, SJC-11791 (Sept. 14, 2015), the Supreme Judicial Court (SJC) affirmed an award of $2,250,000 plus interest against an insurer for failing to defend its insured on a $50,000 policy…more

Breach of Duty, Commercial General Liability Policies, Damages, Denial of Insurance Coverage, Duty to Defend

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Treasury and IRS Release Final Tax Regulations for LIBOR Replacement Amendments

The lengthy saga of the transition to a post-LIBOR world reached a degree of finality on the tax side with the issuance by the Department of Treasury and Internal Revenue Service (IRS) of long-awaited final regulations (the…more

Alternative Reference Rates Committee (ARRC), Inter-Bank Offered Rates (IBORs), Internal Revenue Code (IRC), IRS, Libor

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EnforceMintz — DOJ’s Limited Use of NPAs and DPAs in Criminal Health Care Investigations

In January 2023, the Criminal Division of the Department of Justice (DOJ) announced revisions to its Corporate Enforcement Policy (CEP), which we previously summarized here and discussed in further detail as part of…more

Anti-Kickback Statute, Deferred Prosecution Agreements, Department of Justice (DOJ), False Claims Act (FCA), Non-Prosecution Agreements

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Treasury Department Issues Guidance on Round Two of §48C Advanced Energy Tax Credit Program

The highly anticipated guidance for the second round of allocations (Round Two) under the US Treasury’s §48C Qualifying Advanced Energy Project Tax Credit program was released this week pursuant to IRS Notice 2024-36, with…more

American Recovery and Reinvestment Act, Clean Energy, Department of Energy (DOE), Energy Sector, Greenhouse Gas Emissions

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Courts Continue to Grapple with the Causation Standard for False Claims Act Suits Based on Alleged Kickback Schemes, While the Supreme Court Stays on the Sidelines

A recent Massachusetts Federal District Court decision adds to divergent opinions deciding an important health care enforcement question: what causation standard applies to a False Claims Act (FCA) case based on a violation of…more

Causation, False Claims Act (FCA), Kickbacks, Medicare, SCOTUS

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Tenth Circuit Affirms Extraterritorial Reach of SEC Enforcement of the Federal Securities Laws

In the Traffic Monsoon litigation, the U.S. Court of Appeals for the Tenth Circuit held that the enforcement provisions of the Securities Act and the Exchange Act reach Traffic Monsoon’s sales to customers outside of the United…more

Cross-Border Transactions, Dodd-Frank, Enforcement Actions, Extraterritoriality Rules, Morrison v National Australia Bank

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DOL Releases Final Rule Substantially Increasing Minimum Salary Thresholds for Most Exempt Employees

On April 23, 2024, the U.S. Department of Labor (“DOL”) released a new final rule that significantly increases the minimum salary threshold to qualify for the executive, administrative, professional, and highly compensated…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Five Tips For Every In-House Counsel Launching an Open Source Software Program

Used properly, Open Source Software (OSS) is an excellent tool. It saves your business time and money, enables interoperability of product platforms, and developers love it. But used improperly, it can be financially and…more

Bad Actors, Copyright, Copyright Infringement, Guidance Documents, Licenses

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SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment on…more

Coinbase, Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets

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Federal Circuit Affirms Delisting of REMS System Patent from FDA Orange Book

On February 24, 2023, the U.S. Court of Appeals for the Federal Circuit, in Jazz Pharmaceuticals, Inc., v. Avadel CNS Pharmaceuticals, LLC, Case No. 23-1186, affirmed a decision from the District Court of Delaware directing Jazz…more

Abbreviated New Drug Application (ANDA), Appeals, Federal Food Drug and Cosmetic Act (FFDCA), Federal Trade Commission (FTC), Food and Drug Administration (FDA)

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Massachusetts SJC Recognizes Limited Affirmative Duty of Universities to Take Suicide Prevention Measures for Known-Risk Students

On Monday, the Massachusetts Supreme Judicial Court issued a precedential decision in Nguyen v. Massachusetts Institute of Technology et al. (SJC-12329), which addresses the complicated issue of higher education institutions’…more

Duty of Care, Educational Institutions, MA Supreme Judicial Court, Mental Health, Preventive Health Care

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Challenge to False Claims Act Qui Tam Provisions Fails in an Initial Attempt to Revive Long-Dormant Arguments as to Constitutionality Under Article II

This July, we detailed the Supreme Court’s surprising revival in United States ex rel. Polansky v. Exec. Health Resources, No. 21-1052 (S. Ct. June 16, 2023) of the question of whether the qui tam provisions of the False Claims…more

Appointments Clause, Article II, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA)

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Six Contracting Tips for Property Owners and Real Estate Developers to Protect Themselves from Contractor Distress and Related Bankruptcy Filings

Over the past year, the Covid-19 pandemic upended many industries. While the construction industry has largely been able to operate throughout the pandemic, albeit with increased and ever-changing restrictions on jobsites, one…more

Automatic Stay, Bankruptcy Code, Commercial Bankruptcy, Construction Contracts, Construction Industry

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SEC Approves Sweeping New Climate Disclosure Rule: Key Takeaways

The Securities & Exchange Commission ("SEC") issued its long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors” (“Climate Disclosure…more

Carbon Pricing, Climate Change, Disclosure Requirements, Final Rules, Governance Standards

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DOJ Breaking with Big Tech Approach to SEPs

On June 8, 2022, the DOJ, USPTO, and the National Institute of Standards and Technology (NIST) (collectively, the Agencies) issued a new statement on FRAND licensing (2022 Statement) providing no set policy regarding Standards…more

Department of Justice (DOJ), FRAND, Licenses, NIST, Patents

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Artificial Intelligence in the Employment Relationship: Friend or Foe?

Artificial Intelligence (“AI”) is no longer the stuff of sci-fi movies or alien invasions. The technology has permeated everyday life from Siri and Alexa to Facebook and Google.  While marketing teams have been relying on AI for…more

ADEA, Artificial Intelligence, Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Second Circuit Clarifies the Circumstances in Which Presumptions Can Be Used To Support Federal Securities Fraud Class Action Lawsuits

On August 10, 2023, the U.S. Court of Appeals for the Second Circuit took an important step in Arkansas Teacher Retirement System v. Goldman Sachs Group toward clarifying the circumstances in which federal class action…more

Appeals, Basic v Levinson, Class Action, Class Certification, False Statements

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The OASB Annual Report to Congress for Fiscal Year 2020

In January 2019, the Office of the Advocate for Small Business Capital Formation (the “Office”) was formed “to advance the interests of small businesses and their investors at the SEC and in the capital markets.” These small…more

Capital Formation, Capital Markets, Coronavirus/COVID-19, Minority-Owned Businesses, Securities and Exchange Commission (SEC)

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New Biden Executive Order Emphasizes Women’s Health

Following an initial funding announcement last month, the Biden administration has kept its foot on the gas to build out the White House Initiative on Women’s Health Research. Last month, we wrote about ARPA-H’s $100 million…more

Department of Health and Human Services (HHS), Executive Orders, Food and Drug Administration (FDA), Funding, Medical Research

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Section 409A Valuations: Mastering the Art and Science in a Volatile Venture Market

Within the unpredictable landscape of start-ups and private companies, market volatility can significantly alter a company’s financial trajectory. An integral part of navigating this volatility is understanding the role and…more

Acquisitions, Benchmarking, Fair Market Value, Intellectual Property Protection, IRS

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Energy & Sustainability Client Feature — FirstLight Power

This month we are excited to feature FirstLight Power, a leading clean power producer and energy storage company with operating and development assets in New England, Pennsylvania, New Jersey, and New York, including an…more

Clean Energy, Clean Power Plan, Energy Sector, Energy Storage, Investors

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A Business Deal Could Kill Your Right to Challenge a Patent’s Validity

Last week, the Federal Circuit issued a decision holding that parties can contractually bargain away their rights to file petitions for Inter Partes Review (“IPR”) at the Patent Trial and Appeals Board (“the Board”). This…more

Confidentiality Agreements, Corporate Counsel, Forum Non Conveniens, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

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The SJC Shocks Financial Services Industry by Taking Victory Away from Robinhood and Giving it to the Secretary of State

In a widely anticipated decision, the Massachusetts Supreme Judicial Court unanimously upheld the Massachusetts Fiduciary Duty Rule, which imposes a fiduciary duty standard on Massachusetts broker-dealers. The high Court’s…more

Broker-Dealer, Business Model, Enforcement, Fiduciary Duty, Fiduciary Rule

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From the Edge - MintzEdge Entrepreneur Perspective: Mintz Awards Winners Share Strategies for Success

Join Mintz Corporate and Securities Associate, Jason Miller, in a conversation with Margaret Yu, founder and CEO of Reliacare, and Andrew Gladue, founder and CEO of Plethys. Both are recent winners of Mintz Awards, an annual…more

Business Development, Business Opportunities, Business Strategies, Early Stage Companies, Entrepreneurs

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Compliance with the Corporate Transparency Act Necessary for Many Estate Planning Clients

Reporting requirements under the Corporate Transparency Act (CTA) will go into effect beginning January 1, 2024. Under the CTA, many business entities formed or registered in the US will be required to provide the personal…more

Beneficial Owner, Beneficiaries, Compliance, Corporate Transparency Act, Employer Identification Number (EIN)

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Phase 1 Construction Guidelines: Guidance for Real Estate Developers in New York City

On Monday New York City entered Phase 1 of re-opening. Phase 1 guidance provides specific guidelines relating to construction, manufacturing, whole trade and select retail (for curbside pickup only), agriculture, forestry and…more

Construction Industry, Coronavirus/COVID-19, Manufacturing Employers, New York, Re-Opening Guidelines

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Unpacking CMS’s 2025 DSNP Changes: Considerations for Medicare Advantage Organizations

As part of its 2025 Medicare Advantage and Part D Final Rule (the Final Rule), the Centers for Medicare & Medicaid Services (CMS) made a number of enrollment changes impacting dual eligible special needs plans (DSNPs). The goal…more

Centers for Medicare & Medicaid Services (CMS), Enrollment, Final Rules, Medicaid, Medicare Advantage

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Amendment to Delaware Law Permits Exculpation of Officers in Corporate Charters

Delaware has long permitted corporations to limit or eliminate monetary liability of directors from breach of fiduciary duty of care lawsuits. However, the same protections have not been afforded to a corporation’s officers…more

Board of Directors, Breach of Duty, Class Action, Corporate Counsel, Corporate Officers

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Telephone and Texting Compliance News: Litigation Update — Courts Continue to Scrutinize Pleadings in TCPA Cases

A couple of recent district court decisions confirm that courts across the country continue to scrutinize and will dismiss complaints that contain conclusory and/or contradictory allegations without facts to support plaintiffs’…more

Facebook Inc v Duguid, Pleading Standards, Robocalling, TCPA, Telephone Service Providers

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Final Regulations Issued by Massachusetts Department of Family and Medical Leave – Health Maintenance During Leave

On January 6, 2023, the Massachusetts Department of Family and Medical Leave (DFML) published new Paid Family and Medical Leave (MAPFML) regulations (the 2023 Regulations). These regulations make changes to Section 458 CMR 2.16…more

Affordable Care Act, COBRA, Family and Medical Leave Act (FMLA), Final Rules, New Regulations

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Reduced Scope of March-in Rights Under Bayh Dole Rules Revisions

The Bayh Dole Act was enacted to provide incentives to promote commercialization of federally funded inventions and was designed to capitalize on the significant government investments in small business, university research, and…more

Bayh-Dole Act, Biden Administration, IP License, March-in-Rights, Patents

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Claimants Need Not Record Complaints to Enforce Lien Dissolution Bonds Under

In a recent decision, the Supreme Judicial Court of Massachusetts (SJC) has held that a contractor seeking to enforce a lien dissolution bond under G.L. c. 254 § 14 need not record an attested to copy of its complaint with the…more

Appeals, Construction Contracts, Deeds, Enforcement Actions, General Contractors

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TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in…more

America Invents Act, Equity, Innovator Liability, Liquidity, PaaS

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Key Considerations in Maximizing a Celebrity Brand

A celebrity should maximize the value of their brand by strategically monetizing every aspect of it. For example, one who becomes famous through the recording industry would consider a career in front of and behind a television…more

Advertising, Brand, Brand Registry, Celebrity Endorsements, Endorsements

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Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act (FCA) Cases: May 2014

Trends & Analysis: ..We have identified 58 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of those, 33 cases were initiated after the start of 2012, with the remaining 25 cases…more

Clinical Laboratories, Diagnostic Imaging Services, Financial Conduct Authority (FCA), Healthcare, Hospitals

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California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the…more

Arbitration, Class Action, Class Action Arbitration Waivers, CLS Transportation, Employment Contract

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Public Benefit Corporations and the SPAC Surge

In Mintz’s recent article—“Public Benefit Corporations are Going Public,”—we predicted that, as Special Purpose Acquisition Companies (“SPACs”) reemerge as an alternative to initial public offerings (“IPOs”), Public Benefit…more

Corporate Governance, Environmental Social & Governance (ESG), Initial Public Offering (IPO), Public Benefit Corporation, Publicly-Traded Companies

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Part Two: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19

COVID-19 has flipped the landlord-tenant relationship on its head. Although evictions and recovering possession are off the table for now, landlords are eventually entitled to their full rent payments and are not necessarily…more

Business Interruption, Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords

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U.S. Supreme Court Grants Cert in ADA “Tester” Case

In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”). The case, titled Acheson…more

Americans with Disabilities Act (ADA), Appeals, Certiorari, Grants, Injunctive Relief

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An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.

The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint, or a…more

Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Class Action

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Managing Multiple Bidders in the Sale of a Company

When selling a company through a competitive auction process, a seller may have multiple bidders seeking to purchase the target company. Having multiple bidders compete to purchase the target company can be advantageous to the…more

Auction, Buyers, Due Diligence, Purchase Agreement, Sellers

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Federal Circuit Clarifies That Secondary Considerations Must Be Considered Both Individually And As A Whole In An Obviousness Analysis

On August 24, 2023, the U.S. Court of Appeals for the Federal Circuit, in Volvo Penta of the Ams. LLC v. Brunswick Corp., Case No. 22-1765, vacated a Final Written Decision of the Patent Trial and Appeal Board (PTAB) holding all…more

Appeals, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Infringement, Patent Trial and Appeal Board

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Third Time’s the Charm: Cal/OSHA’s Revised COVID-19 Prevention Emergency Temporary Standards (ETS) Is Effective Immediately

Cal/OSHA has approved revised Emergency Temporary Standards (ETS) and Governor Newsom has issued an executive order waiving the usual 10-day legal review and approval process by the Office of Administrative Law (OAL). This…more

Cal-OSHA, Coronavirus/COVID-19, Employer Responsibilities, Infectious Diseases, Office of Administrative Law

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Advance Regulatory Review of California Health Care Transactions by the New Office of Health Care Affordability to Begin in 2024

The health omnibus trailer SB-184, which created the Office of Health Care Affordability (OHCA), is set to usher in a significant change in California’s health care regulatory landscape. Beginning in 2024, certain health care…more

Anti-Competitive, California, Confidential Information, Health Care Providers, Healthcare

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The Value of Inclusive Leadership

A foundational component of corporate diversity, equity and inclusion programs is fostering an inclusive environment. A core question in building that environment and the corporate culture that supports it is: What is inclusive…more

Corporate Culture, Diversity, Diversity and Inclusion Standards (D&I), Equity, Leadership

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CCPA Breach Class Action Settlement About to Get “Minted”

Although the California Consumer Protection Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to court…more

California Consumer Privacy Act (CCPA), Class Action, Class Action Settlement, Corporate Counsel, Cybersecurity

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“We lost. Sorry everyone”: The Implications of a District Court Finding Digital Token, LBC, Is a Security

Crypto litigation, fueled by a surge of investors and market volatility, has ballooned in recent years. For example, numerous securities class actions and government subpoenas followed the May 2022 collapse of the $60 billion…more

CFTC, Class Action, Cryptocurrency, Department of Justice (DOJ), Enforcement Actions

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Consolidated Appropriations Act of 2021 Amends Bankruptcy Code - Part 3: Congress Gives Suppliers and Landlords a Shiny New Arrow in their Quiver to Challenge Preference Actions

As discussed in previous posts, the Consolidated Appropriations Act of 2021 (the “Act”) was signed into law on December 27, 2020, largely to address the harsh economic impact of the COVID-19 pandemic. For bankruptcy litigators…more

Bankruptcy Code, Clawbacks, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Offshore Wind Development May Get a Boost from Massachusetts

On October 13th, Gov. Charlie Baker filed legislation that would significantly enhance the support provided by Massachusetts for the development of offshore wind energy generation. His bill proposes that the state allocate…more

Offshore Wind, Proposed Legislation

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Options Cancelled. Lessons from Tesla's Pay Package Dispute

The Delaware court striking down Elon Musk's $50B pay package will garner a lot of headlines and clicks. As a corporate lawyer, I have two key observations: 1. This case highlights the increasing importance in…more

Delaware, Dispute Resolution, Shareholders, Tesla

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OCR, CMS Issue New ACA Section 1557 Final Rule Prohibiting Discrimination Related to Use of Artificial Intelligence in Health Care

Preventing discrimination and bias in connection with the use of artificial intelligence (AI) in health care are among the principal current focuses of U.S. Department of Health and Human Services (HHS) and were included in the …more

Affordable Care Act, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules

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FDA Places Two Food Orders on Restaurants’ Tables

The food industry has been upended by the recent COVID-19 pandemic – restaurants and bars are scrambling to adjust to a new way of life after governors across America issued statewide “stay at home” orders in response to the…more

Consumer Protection Laws, Coronavirus/COVID-19, Food and Drug Administration (FDA), Food Labeling, Food Safety

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Treasury and IRS Release Final Tax Regulations for LIBOR Replacement Amendments

The lengthy saga of the transition to a post-LIBOR world reached a degree of finality on the tax side with the issuance by the Department of Treasury and Internal Revenue Service (IRS) of long-awaited final regulations (the…more

Alternative Reference Rates Committee (ARRC), Inter-Bank Offered Rates (IBORs), Internal Revenue Code (IRC), IRS, Libor

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Profit-Sharing Arrangement Tied To Employer’s Overall Profits Not Subject to Massachusetts Wage Act

Employers with Massachusetts-based employees know that the Massachusetts Wage Act (the “Wage Act”), with its strict liability and automatic treble damages and attorneys’ fees, is a powerful and exacting statute with which they…more

Attorney's Fees, Compensation, Profit Sharing, Sales Commissions, Strict Liability

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ARPA-H Commits $100 Million to Accelerate Women’s Health Research through Sprint for Women’s Health

On February 21, 2024, the Advanced Research Projects Agency for Health (ARPA-H) announced a $100 million commitment to research and development in women’s health through Sprint for Women’s Health, a first-of-its-kind effort…more

Medical Devices, Medical Research, Women's Preventable Healthcare Mandates

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HIPAA Privacy Protections for PHI related to Reproductive Health Care: The Final Rule and what Covered Entities and Business Associates need to Know

Earlier this week, the Biden-Harris Administration, through the Office for Civil Rights (OCR) announced a Final Rule aimed at protecting protected health information (PHI) related to lawfully provided reproductive health care…more

Confidential Information, Covered Entities, Final Rules, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Increase in Large and Small Shareholder Activists

It has been reported that this year is seeing a significant increase in large and small shareholder activists communicating requests for change to many public companies. That makes it a good time for the public companies in turn…more

Due Diligence, Shareholders

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DOL Proposal to Update Schedule A Occupations

The Department of Labor (DOL) has announced that it is considering expanding the list of predetermined occupations for Schedule A Designation petitions. DOL is requesting comments on broadening the list of occupations to include…more

Department of Labor (DOL), Form I-140 Petitions, PERM, Prevailing Wages, STEM

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Leaked Billionaire Tax Records Highlight the Need for Asset-Recovery Claimants to Navigate Privacy Havens in the U.S. West.

As fallout continues to stem from the recent ProPublica leak of private billionaire tax records, the extent of hidden wealth in U.S. western states is becoming harder to ignore.  Not only a haven for American super-rich, the…more

IRS, Leaked Information, Tax Evasion, Tax Haven, Tax Records

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The SJC Shocks Financial Services Industry by Taking Victory Away from Robinhood and Giving it to the Secretary of State

In a widely anticipated decision, the Massachusetts Supreme Judicial Court unanimously upheld the Massachusetts Fiduciary Duty Rule, which imposes a fiduciary duty standard on Massachusetts broker-dealers. The high Court’s…more

Broker-Dealer, Business Model, Enforcement, Fiduciary Duty, Fiduciary Rule

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What's New in Wireless - January 2024

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily…more

5G Network, Broadband, Digital Communications, FCC, Infrastructure

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Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start Ups

Starting a high-tech company is a difficult, exhausting, and thrilling endeavor – one in which founders will face seemingly endless challenges, deadlines, and make or break decisions. From a venture’s inception, founders face…more

Capital Raising, Copyright, Early Stage Companies, Entrepreneurs, Intellectual Property Protection

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New for 2024: Compliance with the Corporate Transparency Act Necessary for Many Mintz Client

Clients with Limited Liability Companies, Corporations, and Other Entities Likely Impacted - Reporting requirements under the Corporate Transparency Act (CTA) are in effect beginning January 1, 2024. Under the CTA, many…more

Compliance, Corporate Transparency Act, Financial Institutions, FinCEN, Money Laundering

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Custom Servers Pin Netflix In the Eastern District of Texas

Patent owners searching for an appropriate venue for cases against alleged infringers may be able to point to the activity of an infringer’s agents, based on a new decision from the Eastern District of Texas. In recommending…more

Computer Servers, Internet Service Providers (ISPs), Netflix, Patent Infringement

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Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction?

Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs). This failed strategy is…more

Brazil, ETSI, FRAND, Injunctions, Licensing Rules

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How Compulsory Licenses Can Affect Domestic and Foreign Prosecution

Compulsory licensing is a practice that allows a third party to produce or use a patented product or process without the consent of the patent owner.  The practice may be implemented to ensure patent owners are utilizing the…more

Compensation, Compulsory Licenses, Enforcement, European Patent Convention, Patent Ownership

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Director Liability for Cybersecurity Risks

If a corporation is the target of a cyberattack resulting in a data breach, its board may be the target of a shareholder derivative action claiming breach of fiduciary duty. A recent example is Palkon v. Holmes, No. 14-cv-01234…more

Board of Directors, Breach of Duty, Cyber Insurance, Cybersecurity, Data Protection

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DOL Releases Final Rule Substantially Increasing Minimum Salary Thresholds for Most Exempt Employees

On April 23, 2024, the U.S. Department of Labor (“DOL”) released a new final rule that significantly increases the minimum salary threshold to qualify for the executive, administrative, professional, and highly compensated…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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LLCs and Convertible Debt – Too Good to be True?

Founders choosing a structure for their business are often drawn to the limited liability company, or LLC, for its overall flexibility in both taxation and governance matters. And founders seeking access to early capital, not to…more

Business Ownership, C-Corporation, Capital Gains, Convertible Debt, Corporate Governance

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District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland

On October 18, 2018, the United States District Court for the District of Delaware, in Bristol-Myers Squibb v. Mylan Pharmaceuticals Inc., No. 17-00379, held that venue was not proper in Delaware over Mylan Pharmaceuticals Inc…more

Abbreviated New Drug Application (ANDA), Bristol-Myers Squibb, Hatch-Waxman, Improper Venue, Mylan Pharmaceuticals

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Canada’s Federal Budget 2024: More Changes to the Stock Option Rules = More Headaches for Employers

Much of the talk about Canada’s federal budget released on April 16, 2024 (“Budget 2024”) has been concentrated on the increase to the capital gains inclusion rate, highlighted by criticism from the business community that these…more

Canada, Capital Gains, Employee Benefits, Employee Stock Purchase Rights, Employees

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FCC to Award Additional $249+ Million in Funding for COVID-19 Telehealth Program

On March 29, 2021, the Federal Communications Commission (“FCC” or “Commission”) adopted an Order establishing rules and procedures for Round 2 of the COVID-19 Telehealth Program (the “Program”) to continue supporting telehealth…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, FCC, Health Care Providers

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SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment on…more

Coinbase, Crypto Exchanges, Cryptoassets, Cryptocurrency, Digital Assets

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Health Care Enforcement: The Impact on Private Equity Investments

Brian Platton provides an overview of enforcement trends that private equity investors should be aware of before entering into the health care space…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Enforcement, GDP, Healthcare

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Indiana Joins States Focusing on Consolidation of Health Care

On March 13, 2024, Indiana joined the ranks of states exercising greater oversight and regulation of health care transactions.  Senate Enrolled Act No. 9 (S.B. 9), which takes effect on July 1, 2024, requires written notice to…more

Acquisitions, Health Care Providers, Healthcare, Healthcare Facilities, Hospital Mergers

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“When You Promise Security, You Need to Deliver Security”

If your company is marketing any smart device, particularly if the device is involved with home security and collects personal information from users, it’s time to pay attention to the story of Tapplock. Tapplock, Inc…more

Cybersecurity, Data Security, Federal Trade Commission (FTC), Internet of Things, Unfair or Deceptive Trade Practices

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PE Opportunity in Litigation Financing

Litigation financing has quickly grown from a fledging concept into a robust industry. The concept is simple: in exchange for a share of any proceeds, a financing firm agrees to pay all or a portion of the plaintiff’s legal…more

Client Services, Due Diligence, Litigation Fees & Costs, Litigation Funding, Private Equity Firms

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Form I-9 Requirements Flexibility Extended until August 31, 2021

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance. As discussed in a previous post, on March…more

Department of Homeland Security (DHS), Employment Eligibility Verification, Form I-9, Immigration and Customs Enforcement (ICE), Immigration and Nationality Act

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ACK RAT's attempt to kill the Vineyard Wind Project ended exactly as we knew it would -- in defeat -- but not without damage.

The First Circuit Court of Appeals has finally ended the Nantucket Residents Against Turbines' lawsuit against the United States Bureau of Ocean Energy Management, the National Oceanic and Atmospheric Administration, the…more

Appeals, BOEM, Clean Energy, Greenhouse Gas Emissions, National Marine Fisheries Service

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Increase in Large and Small Shareholder Activists

It has been reported that this year is seeing a significant increase in large and small shareholder activists communicating requests for change to many public companies. That makes it a good time for the public companies in turn…more

Due Diligence, Shareholders

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Facebook to Pay $90 Million to Settle Data Privacy Lawsuit

Facebook’s parent company Meta has agreed to settle one of the longest-running data privacy lawsuits in the country for $90 million. This dispute, originally filed in 2012 in a total of 21 related cases, alleged that Facebook…more

Appeals, Class Action, Data Privacy, Facebook, Federal Trade Commission (FTC)

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SBA Issues Additional Guidance Regarding “Necessity” Certification Required under the CARES Act

Today the Small Business Administration (SBA) issued additional guidance with respect to the “necessity” certification required under the CARES Act in connection with the Paycheck Protection Program (PPP). The relevant…more

CARES Act, Certification Requirements, Coronavirus/COVID-19, False Claims Act (FCA), New Guidance

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Compliance Dates Are Set: A Roadmap for Private Fund Advisers to Start Preparing for the SEC’s New Rules for Private Fund Advisers

The US Securities and Exchange Commission (“SEC”) recently finalized sweeping new rules for private fund advisers (the “PFA Rules”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). The PFA Rules…more

Audits, Clawbacks, Compliance, Custody Rule, Exempt Reporting Advisers (ERAs)

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Challenging the Legality of a Cruel Immigration Policy

ICE apprehended “Angela” and her husband in 2019 shortly after they crossed the border into the United States from Mexico. When the couple requested asylum, ICE placed them in the Migrant Protection Protocols (MPP) program, more…more

Appeals, Asylum, Human Rights, Immigrant Protection Laws, Immigration and Customs Enforcement (ICE)

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Navigating Politics in the Workplace During the Election Season

With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political discussions…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, First Amendment

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DHS Publishes Final H-1B Registration Rule; H-1B Registration Dates Announced

On February 2, 2024, the Department of Homeland Security (DHS) will issue a final ruledesigned to improve the integrity of the H-1B registration program. The rule, titled, “Improving the H-1B Registration Selection Process and…more

Department of Homeland Security (DHS), Final Rules, H-1B, Registration, USCIS

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Ebola Exclusions from Commercial Insurance Policies

Last week we wrote about a new business interruption insurance policy that is being rolled out to healthcare providers which will provide specific coverage for various ebola-related losses. This week we note that some business…more

Business Interruption, Commercial Insurance Policies, Ebola

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New California Mental Health and Addiction Treatment Laws

The COVID-19 pandemic has coincided with worsening mental health across the country, and California is no exception. Not surprisingly, Governor Gavin Newsom signed into law multiple pieces of mental health treatment related…more

California, Comprehensive Addiction and Recovery Act of 2016 (CARA), Coronavirus/COVID-19, Governor Newsom, Mental Health

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TechConnect - Your Law Firm Link to Industry News - April 2018

Letter from the Editors - As Tolstoy once wrote, “Spring is the time of plans and projects.” Hopefully, the snows of winter are finally behind us, and it’s time to look forward, build, and create! We at Mintz Levin continue to…more

Artificial Intelligence, Data Breach, Data Protection, General Data Protection Regulation (GDPR), Innovation

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Doing Life Sciences Deals in 2024

Nearly one hundred life sciences professionals convened at Mintz’s Boston office last week for an event we hosted in partnership with the LES (Licensing Executives Society). I moderated a panel, “Structuring Your Life Sciences…more

Acquisitions, Biotechnology, Competition, Investment, Investors

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The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+ Communications…more

Corporate Counsel, Damages, FRAND, Good Faith, Licensing Rules

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IRS Issues Final Regulations on Taxation of Carried Interest Under Section 1061

On January 7, 2021, the Internal Revenue Service (the “IRS”) and the Department of the Treasury released final regulations (the “Final Regulations”) implementing the provisions of Section 1061 of the U.S. Internal Revenue Code…more

Capital Gains, Carried Interest, Final Rules, Holding Periods, Internal Revenue Code (IRC)

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Are Bankruptcy Blocking Provisions in Corporate Governance Documents Enforceable?

It has long been the law that creditors are rarely entitled to contractually prohibit a debtor from filing for bankruptcy, whether such restriction is contained in the debt instruments or in the corporate governance documents…more

Breach of Duty, Commercial Bankruptcy, Corporate Governance, Creditors, Debtors

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Everything You Always Wanted to Know About California’s Workplace Violence Prevention Plan (But Were Afraid to Ask) - Answers to 10 Frequently Asked Questions On California’s New Law

Beginning July 1, 2024, a new California law (SB 553) will require most California employers to establish workplace violence prevention plans.  We answer 10 frequently asked questions about the new law below…more

Cal-OSHA, California, Deadlines, Employee Training, Employer Liability Issues

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When It Isn’t Better Late Than Never: ALJ Reins in on Redesigns First Disclosed in the Last Week of Fact Discovery

In a recent IAM article, Levelling the playing field in ITC patent cases by identifying redesigns to a set deadline, we commented on best practices for ITC complainants to protect their interests against the nascent uptick of…more

Administrative Law Judge (ALJ), International Trade Commission (ITC), Patent Infringement, Patents, Redesigned Products

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Best Practices for Clearances and Opinions

Last week, Mintz Member Lisa Adams moderated a panel discussion between in-house attorneys that covered best practices for conducting patent clearances and obtaining non-infringement and invalidity opinions. The panel…more

Claim Construction, Noninfringement, Patent Infringement, Patent Invalidity, Patent Litigation

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Cyber Extortion: What to Do When Your Data is Being Held for Ransom

Imagine you are the IT systems administrator of a large corporation. Coffee in hand, you sit down one morning and log in. You receive a message that there has been an intrusion into the corporate database, a large amount of…more

Corporate Counsel, Cyber Crimes, Data Theft, Extortion, Risk Assessment

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U.S. Supreme Court Grants Cert in ADA “Tester” Case

In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”). The case, titled Acheson…more

Americans with Disabilities Act (ADA), Appeals, Certiorari, Grants, Injunctive Relief

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Recent Second Circuit Opinion Underscores the Importance of Engaging Experienced Counsel to File and Perfect Class Action Claims

The U.S. Court of Appeals for the Second Circuit (“Second Circuit”) recently issued an important decision concerning challenging the rejection of claims made by class members in settled U.S. class actions. Contant v. AMA Cap.,…more

Appeals, Class Action, Documentation, Fiduciary Duty, Investors

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The Department of State Proposes to Eliminate B-1 in Lieu of H Visa Classifications

On October 21, 2020, the Department of State (“Department”) published a proposed B-1 regulation in the Federal Register. The Department seeks to revise the existing B-1 business visitor regulations by eliminating options for…more

B-1, Comment Period, Foreign Affairs Manual (FAM), Foreign Nationals, H-1B

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Expecting the Unexpected

April showered us with quite a few unexpected and impactful legal developments in the workplace. Two Federal agencies released proposed rules that potentially impact nearly every American workplace (new salary threshold…more

Civil Rights Act, Department of Labor (DOL), Diversity, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Frequently Asked Questions for Private Companies Considering a Reverse Merger

*This piece appears in PitchBook’s 2023 Annual US VC Valuations Report. We believe this is the wrong question—we view a reverse merger as "going public" during your cross-over round, rather than as an alternative to an IPO..…more

Initial Public Offering (IPO), Jurisdiction, Liquidity, Mergers, Nasdaq

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Federal Circuit Affirms Obviousness of Rifaximin Polymorph Patents and Denial of Motion to Modify Judgment After Post-Trial Patented Indication Carve Out

In a precedential opinion issued on April 11, 2024 in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., Nos. 22-2153, 23-1952, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the…more

Abbreviated New Drug Application (ANDA), Applications, Carve Out Provisions, Food and Drug Administration (FDA), Hatch-Waxman

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TCPA Regulatory Update — FCC Adopts Safe Harbor to Encourage Blocking of Unwanted Robocalls; FCC Releases TCPA Clarifications & Updates

FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls - The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed…more

Auto-Dialed Calls, Call Blocking, Declaratory Rulings, FCC, HIPAA Privacy Rule

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Compliance with the Corporate Transparency Act Necessary for Many Estate Planning Clients

Reporting requirements under the Corporate Transparency Act (CTA) will go into effect beginning January 1, 2024. Under the CTA, many business entities formed or registered in the US will be required to provide the personal…more

Beneficial Owner, Beneficiaries, Compliance, Corporate Transparency Act, Employer Identification Number (EIN)

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IRS Opens Registration Portal for the Elective Payment or Transfer of Tax Credits

The Internal Revenue Service (IRS) recently launched a new online registration portal allowing taxpayers to begin the registration process that must be completed in order for a taxpayer to elect to transfer a credit (under…more

Clean Energy, Energy Tax Incentives, Filing Requirements, IRS, Portal

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Federal Circuit Affirms Obviousness of Rifaximin Polymorph Patents and Denial of Motion to Modify Judgment After Post-Trial Patented Indication Carve Out

In a precedential opinion issued on April 11, 2024 in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., Nos. 22-2153, 23-1952, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the…more

Abbreviated New Drug Application (ANDA), Applications, Carve Out Provisions, Food and Drug Administration (FDA), Hatch-Waxman

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CPSC Adopts Final Rules for Button Cell and Coin Batteries with Sweeping Requirements

On September 11, 2023, the Consumer Product Safety Commission (CPSC) voted to adopt sweeping safety requirements, pursuant to Reese’s Law, for button cell and coin batteries and products containing these batteries or designed to…more

Batteries, Certifications, Compliance, Consumer Product Safety Commission (CPSC), Final Rules

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Health Care Reform by Petition

A series of alternative proposed Initiative Petitions were filed Thursday, August 7, with the Office of the Attorney General of Massachusetts (the “AGO”) seeking primarily to establish specified limits on operating margins…more

CEOs, Executive Compensation, Healthcare Reform, Hospitals, Medicaid

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

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Recent Second Circuit Opinion Underscores the Importance of Engaging Experienced Counsel to File and Perfect Class Action Claims

The U.S. Court of Appeals for the Second Circuit (“Second Circuit”) recently issued an important decision concerning challenging the rejection of claims made by class members in settled U.S. class actions. Contant v. AMA Cap.,…more

Appeals, Class Action, Documentation, Fiduciary Duty, Investors

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USPTO Releases Final Rules on PTA Calculations in view of Supernus

On June 16, 2020, the U.S. Patent and Trademark Office (USPTO) released final rules (the “Rules”) implementing changes to how Patent Term Adjustment (PTA) is calculated in certain circumstances in view of Supernus Pharms., Inc…more

European Patent Office, Final Rules, Information Disclosure Statement, Patent Applications, Patent Litigation

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Part Two: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19

COVID-19 has flipped the landlord-tenant relationship on its head. Although evictions and recovering possession are off the table for now, landlords are eventually entitled to their full rent payments and are not necessarily…more

Business Interruption, Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords

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SJC Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation

In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages…more

Expert Testimony, Lost Profits

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Don’t Text and Trade: Regulators Crack Down on the Use of Improper Communication Channels

Registered reps beware: your personal device or messaging account is not the right place to conduct your business affairs, and regulators have made clear that they will not look the other way. In particular, the Financial…more

Financial Industry Regulatory Authority (FINRA), Financial Institutions, Recordkeeping Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

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Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform could be patented or protected under trade secret, such as related to biotech and synthetic biology. Equally important to…more

Artificial Intelligence, Copyright, Copyright Infringement, Inventions, Machine Learning

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Executive Compensation: Moving Forward in a COVID-19 World

Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens…more

Board of Directors, Compensation & Benefits, Coronavirus/COVID-19, Employment Contract, Executive Compensation

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New revised USMCA trade deal affects intellectual property rights, but not exclusivity period for biologics

On December 10, 2019, an agreement was reached between the United States, Mexico, and Canada on amendments to the U.S.-Mexico-Canada Agreement (“USMCA”). The USMCA, if ratified by each respective country, would replace the North…more

Biologics, Biotechnology, BPCIA, Copyright, Exclusivity

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PBM Regulatory Roundup (Summer 2022): States Continue PBM Oversight Activities

2022 continues to see a surge in state-led PBM enforcement efforts. This roundup provides a brief summary of Louisiana’s complaint against United Healthcare and OptumRx related to its Medicaid program and recent state…more

Breach of Contract, Louisiana, Medicaid, Pharmacy Benefit Manager (PBM), Regulatory Oversight

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

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Challenging the Legality of a Cruel Immigration Policy

ICE apprehended “Angela” and her husband in 2019 shortly after they crossed the border into the United States from Mexico. When the couple requested asylum, ICE placed them in the Migrant Protection Protocols (MPP) program, more…more

Appeals, Asylum, Human Rights, Immigrant Protection Laws, Immigration and Customs Enforcement (ICE)

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Supreme Court Narrows the Reach of Omission Liability Claims Under Section 10(b) of the Exchange Act

Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K…more

Certiorari, Investors, Item 303, Liability, Macquarie Infrastructure Corp v Moab Partners LP

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A $1 Billion, 10-year Climate Tech Investment Effort to Come in Massachusetts

As part of the Healey–Driscoll administration’s continued efforts to ensure Massachusetts remains a state where people want to live, work, and raise families — and businesses want to start and operate companies — the…more

Climate Change, Investment, Life Sciences, Research and Development, Tax Incentives

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USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in Practice…more

Artificial Intelligence, Biden Administration, Confidential Information, Executive Orders, Exports

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FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule

The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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NERC Submits Work Plan for New Reliability Requirements to Apply to Inverter-Based Resources

On January 17, 2024, the North American Electric Reliability Corporation (“NERC”)[1] submitted an informational filing[2] to the Federal Energy Regulatory Commission (“FERC”) providing NERC’s plan (the “Work Plan”) to develop…more

Data-Sharing, Energy Sector, FERC, NERC, Operation & Maintenance

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Infrastructure & Surface Transportation Update

With partisanship at a fever pitch, one area of agreement between both parties on Capitol Hill and with President Trump has been the need to address the increasingly fragile state of the nation’s infrastructure. However, as…more

Carbon Emissions, Fixing America’s Surface Transportation Act (FAST Act), Highway Trust Fund, Highways, Infrastructure

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The New Section 4(a)(7): More Than a Codification of Section “4(a)(1½)”

On December 4, 2015, the Fixing America’s Surface Transportation Act (the “FAST Act”) was signed into law by President Obama. Although the FAST Act is primarily a transportation bill, buried in this legislation is a new…more

Fixing America’s Surface Transportation Act (FAST Act), Liquidity, Private Resales, Secondary Markets, Section 4(a)

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US-Canada Critical Mineral, EV Battery, and Semiconductor Cross-Border Supply Chain Issues

The Inflation Reduction Act (“IRA”) has garnered criticism from the European Union (“EU”) due in large part to its domestic sourcing requirements. Some in Canada have echoed this criticism, including Michael Harvey, vice…more

Advanced Batteries, Canada, Defense Production Act, Department of Defense (DOD), Electric Vehicles

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District Courts Will Hear Constitutional Challenges to SEC and FTC Admin Courts

Last week, the U.S. Supreme Court paved a path for petitioners to assert constitutional challenges to the structure of U.S. Securities and Exchange Commission (“SEC”) and U.S. Federal Trade Commission (“FTC”) administrative…more

Constitutional Challenges, Federal Trade Commission (FTC), FTC Act, PCAOB, Petition for Writ of Certiorari

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How NFTs and Blockchain Secure Digital Sports Collectibles

Today, there are new opportunities to own a bit of sports history. It is now possible to even own a digital collectible of your favorite athlete making a play during a game. NFTs (non-fungible tokens) are being used to provide…more

Artists, Athletes, Blockchain, Counterfeiting, Digital Assets

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Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another Rulemaking Misstep for the Agency

The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these…more

Administrative Procedure Act, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Rulemaking Process, Safety Standards

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Commercial Leases in the Age of COVID-19 - A Menu of Options for Landlords and Tenants

The interruption to business-as-usual in the commercial real estate industry brought about by the COVID-19 pandemic has been unprecedented and, while hopefully only temporary, the full extent of the impact may not be entirely…more

Abatement, Business Interruption, CARES Act, Commercial Leases, Commercial Property Owners

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Sales Projections and a “Litigation Risk Multiplier” Are Fair Game When Assessing Reasonable Royalty Damages

A recent decision from Judge Stark, now presiding at the Federal Circuit, endorses the use, by a patent owner’s damages expert, of sales projections and a “litigation risk multiplier” in determining reasonably royalty damages. …more

Damages, Daubert Ruling, Patent Infringement, Patent Royalties, Royalties

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Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 1 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the 180-day…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, Biden Administration, Department of Energy (DOE)

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Executive Compensation: Moving Forward in a COVID-19 World

Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens…more

Board of Directors, Compensation & Benefits, Coronavirus/COVID-19, Employment Contract, Executive Compensation

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The NLRB’s Busy July – A Harbinger of Future Coordinated Federal Action Between the NLRB, FTC, and DOJ

July was a busy month for the National Labor Relations Board (“NLRB”).  In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s…more

Acquisitions, Antitrust Division, Biden Administration, Competition, Corporate Counsel

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How Can the Updated USPTO Guidance on Determining Obviousness Help You?

Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. § 103. Since it is…more

Intellectual Property Protection, Inventions, New Guidance, Obviousness, Patents

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Smoked Out: How Those In The Cannabis Industry May Finally Gain Bankruptcy Protection

Could bankruptcy protection be on the horizon for individuals and companies actively involved in the cannabis industry? Potentially yes, following President Biden’s October 6, 2022 request for the Secretary of Health and Human…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 7, Controlled Substances Act

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ML Strategies Outlook: Federal Action Post-Dobbs Decision

On June 24, 2022, the Supreme Court of the United States ruled on Dobbs v. Jackson Women’s Health Organization. This ruling overturned Roe v. Wade, which held that women had a fundamental right to an abortion. Since the Dobbs…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Department of Justice (DOJ), Dobbs v. Jackson Women’s Health Organization

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Six Contracting Tips for Property Owners and Real Estate Developers to Protect Themselves from Contractor Distress and Related Bankruptcy Filings

Over the past year, the Covid-19 pandemic upended many industries. While the construction industry has largely been able to operate throughout the pandemic, albeit with increased and ever-changing restrictions on jobsites, one…more

Automatic Stay, Bankruptcy Code, Commercial Bankruptcy, Construction Contracts, Construction Industry

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USCIS to Increase Immigration Filing Fees Effective April 1, 2024

On January 31, 2024, United States Citizenship and Immigration Services (USCIS) published a final rule to adjust filing fees for most petitions and applications. The new fees take effect for petitions and applications filed on…more

Filing Fees, Final Rules, Form I-129, I-485 Applications, Immigration Procedures

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Seeking FCC Flexibility on the Sale of Wireless Medical Devices During COVID-19

We’ve written previously about the role of the Federal Communications Commission (FCC) in regulating wireless medical devices, chiefly in determining the operating frequency and certain technical rules that ensure co-existence…more

Certification Requirements, Emergency Waivers, FCC, General Electric, Medical Devices

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Department of State provides option of four-year TN Visa for Mexican Citizens

The U.S. State Department recently updated its visa reciprocity schedule for citizens of Mexico, and now provides two visa validity period options for TN visa applicants. Mexican citizens may request a 48-month TN visa validity…more

Customs and Border Protection, Immigration Procedures, NAFTA, United States-Mexico-Canada Agreement (USMCA), US State Departments

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Compliance with the Corporate Transparency Act Necessary for Many Estate Planning Clients

Reporting requirements under the Corporate Transparency Act (CTA) will go into effect beginning January 1, 2024. Under the CTA, many business entities formed or registered in the US will be required to provide the personal…more

Beneficial Owner, Beneficiaries, Compliance, Corporate Transparency Act, Employer Identification Number (EIN)

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Biden Administration Throws Down Its First Gauntlet on 340B

On May 17, 2021, the Biden Administration took its first major action impacting the 340B Drug Discount Program. In a forceful statement, the Administration made plain its views on a major controversy that has pitted drug…more

Biden Administration, Drug Pricing, HRSA, Pharmaceutical Industry, Prescription Drugs

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Is Your Website Collecting PHI Under OCR's New Tracking Technologies Bulletin?

Covered Entities and Business Associates should promptly and carefully review their use of online tracking technologies on their websites and mobile apps following a bulletin (Bulletin) published by the U.S. Department of Health…more

Class Action, Compliance, Data Collection, Dobbs v. Jackson Women’s Health Organization, Health Insurance Portability and Accountability Act (HIPAA)

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Fighting for Access to Lifesaving HIV Medicine

Even with breakthrough medication that transformed the human immunodeficiency virus (HIV) from a near-certain fatal disease to a manageable but chronic illness, many with HIV still endure debilitating effects. For about…more

Affordable Care Act, Centers for Disease Control and Prevention (CDC), Chronic Care Managment (CCM), HIV, Medication-Assisted Treatment (MAT)

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Public Benefit Corporations and the SPAC Surge

In Mintz’s recent article—“Public Benefit Corporations are Going Public,”—we predicted that, as Special Purpose Acquisition Companies (“SPACs”) reemerge as an alternative to initial public offerings (“IPOs”), Public Benefit…more

Corporate Governance, Environmental Social & Governance (ESG), Initial Public Offering (IPO), Public Benefit Corporation, Publicly-Traded Companies

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Is a Public Benefit Corporation Right for Your Mission-Driven Business?

This article is geared towards founders who have an idea for a mission-driven business and want to know what to do next. Why does this article focus on Delaware? - Delaware has become internationally recognized as home…more

Board of Directors, Delaware, Fortune 500, Incorporation, Public Benefit Corporation

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Failing to Adequately Support a Means-Plus-Function Claim Term Renders a Claim Invalid

Claim language is important. Particularly when dealing with software systems, claims may be held invalid as being indefinite when the claim language is characterized as “means-plus-function” under pre-AIA 35 U.S.C. §112 ¶ 6 (now…more

Claim Limitations, Indefiniteness, Means-Plus-Function, Patent Invalidity, Patent Litigation

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The Prevailing Winds of Public Interest: Tailoring Injunctive Relief in Patent Litigation Through Carve Outs

Grants of permanent injunctions in U.S. district court patent litigation remain uncommon since the landmark decision in eBay v. MercExchange. LexMachina’s 2021 Patent Litigation Report highlights that courts grant fewer than…more

Carbon Emissions, Carve Out Provisions, Climate Change, Inflation Reduction Act (IRA), Offshore Wind

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SEC Adopts Amendments to Section 13 Reporting Requirements

On October 10, 2023, as part of an effort to modernize beneficial ownership reporting requirements to align with today’s dynamic markets, the Securities and Exchange Commission (the “SEC”) announced the adoption of amendments to…more

Beneficial Owner, Compliance, Disclosure Requirements, EDGAR, Filing Deadlines

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Energy & Sustainability Client Feature — AtmosZero

This month we are excited to feature AtmosZero, a company whose mission is to decarbonize steam through the commercialization of its industrial scale heat-pump boiler technology. AtmosZero recently announced the close of a $21…more

Carbon Emissions, Clean Energy, Energy Sector, Investment, Popular

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Essential Annual Actions for Start-up Boards

As a founder of a start-up, you have your hands full, and the end of your start-up’s fiscal year can sneak up on you. But, as the year-end approaches, you should be mindful of a few key actions your start-up board will want to…more

Audits, Board of Directors, Bonuses, Budgets, Compensation

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Lost Profits – Who’s Sale is it Anyway?

Patent owners can recover lost profits when (1) there is a demand for a patented product, (2) an absence of acceptable non-infringing alternatives, (3) the patentee had the manufacturing and marketing capacity to exploit demand…more

Damages, Lost Profits, Non-Infringing Alternatives (NIAs), Patent Ownership

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Court Issues Highly-Anticipated Decision Regarding the Treatment of SPAC Sponsors and Directors

In a long-anticipated decision, the Delaware Court of Chancery answered several pending questions regarding the treatment of special purpose acquisition company (“SPAC”) sponsors and directors under Delaware corporate law. In In…more

Corporate Counsel, Due Diligence, Fiduciary Duty, Private Investment in Public Equity (PIPEs), Shareholders

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Plaintiff Can Assert Patent Infringement and Seek Injunctive Relief in Second-Phase BPCIA Litigation Per Illinois District Court Decision

On January 26, 2022, in what appears to be a case of first impression, U.S. District Court Judge John Z. Lee of the United States District Court for the Northern District of Illinois denied a biosimilar applicant defendant’s…more

BPCIA, Injunctive Relief, Patent Infringement, Patent Litigation, Patents

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Minimum Wage Increases and Ontario Employment Shake-up: What Employers Need to Know

Ontario’s Bill 149, Working for Workers Four Act, 2024, received royal assent on March 21 2024, bringing in new changes to Ontario’s employment landscape. Below are some of the key developments that businesses with employees in…more

Artificial Intelligence, Canada, Direct Deposit, Employment Standards Act, Job Ads

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The Inflation Reduction Act is Now Law: What Does it Mean for the Clean Energy Sector?

One and a half years into the Biden Administration and with the 2022 mid-term elections fast approaching, Democrats secured a major legislative victory with final passage of the Inflation Reduction Act of 2022 (IRA) – a landmark…more

Affordable Care Act, Biden Administration, Clean Energy, Department of Energy (DOE), Department of the Interior

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FTX: Forcing The Examiner Mandate in the Third Circuit

It is a rare occasion that one can be assured with certainty that, if they file a motion with a bankruptcy court, it will be granted. But, in the Third Circuit, that is exactly what will happen if a creditor or other party in…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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New Jersey Adopts a Comprehensive Data Privacy Law

2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already…more

Consumer Privacy Rights, Data Privacy, Data Protection, Disclosure Requirements, Exemptions

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PBM Policy and Legislative Update — Winter 2024

The PBM regulatory landscape continues to evolve rapidly at both federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry. Our team actively monitors…more

Electronically Stored Information, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Pharmacy Benefit Manager (PBM), Price Gouging

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Favorable Changes to Estate, Gift and GST Tax Laws Under the Tax Cuts and Jobs Act

The Tax Cuts and Jobs Act (the “Act”), signed into law on December 22, 2017, significantly increased the exemption amounts for the federal estate, gift, and generation-skipping transfer taxes. These increases may present…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption

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Breaking Down the New COVID-19 Safety Protocol Guidance for Federal Contractors and Subcontractors

The Biden Administration, via its Safer Federal Workforce Task Force (the “Task Force”), has now provided the guidance with which federal contractor and subcontractors must comply in connection with their contracts and…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Contact Tracing, Contract Terms, Coronavirus/COVID-19

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What's New in Wireless - January 2024

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily…more

5G Network, Broadband, Digital Communications, FCC, Infrastructure

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The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+ Communications…more

Corporate Counsel, Damages, FRAND, Good Faith, Licensing Rules

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FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule

The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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SEC Harmonizes and Improves “Patchwork” Private Offering Framework

On November 2, the SEC adopted amendments designed to harmonize and simplify the existing, complicated framework of private offering exemptions—the primary method by which private companies raise capital. The amendments…more

Capital Formation, Crowdfunding, Exemptions, Investment, Private Offerings

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HRSA Demands Repayment from Providers that Failed to Comply with Provider Relief Fund Reporting Requirements

Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Health Resources and Services Administration (HRSA) of the Department of Health and Human Services (HHS) is authorized to distribute funds from its…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), HRSA, Medicare

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Federal Circuit Affirms Obviousness of Rifaximin Polymorph Patents and Denial of Motion to Modify Judgment After Post-Trial Patented Indication Carve Out

In a precedential opinion issued on April 11, 2024 in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., Nos. 22-2153, 23-1952, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the…more

Abbreviated New Drug Application (ANDA), Applications, Carve Out Provisions, Food and Drug Administration (FDA), Hatch-Waxman

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Managing Multiple Bidders in the Sale of a Company

When selling a company through a competitive auction process, a seller may have multiple bidders seeking to purchase the target company. Having multiple bidders compete to purchase the target company can be advantageous to the…more

Auction, Buyers, Due Diligence, Purchase Agreement, Sellers

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How Compulsory Licenses Can Affect Domestic and Foreign Prosecution

Compulsory licensing is a practice that allows a third party to produce or use a patented product or process without the consent of the patent owner.  The practice may be implemented to ensure patent owners are utilizing the…more

Compensation, Compulsory Licenses, Enforcement, European Patent Convention, Patent Ownership

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Energy & Sustainability Connections Newsletter — February 2024

Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox. This month’s edition includes: Legal Feature: Electric…more

Acquisitions, Charging Stations, Department of Energy (DOE), Electricity, Energy Sector

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Supreme Court Narrows the Reach of Omission Liability Claims Under Section 10(b) of the Exchange Act

Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K…more

Certiorari, Investors, Item 303, Liability, Macquarie Infrastructure Corp v Moab Partners LP

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SCOTUS Bankruptcy Decision Roundup

On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 13, Debtors

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Energy & Sustainability Connections Newsletter — April 2024

A Note from the Editors Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox. This month’s edition includes: …more

Climate Change, Contamination, Department of Energy (DOE), Disclosure Requirements, Energy Sector

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Not So Fast: DOL Changes Course on Trump-Era ESG Investment Rule

The United States Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) announced on March 10, 2021 that it will not enforce certain final rules put into place under President Trump related to…more

401k, Biden Administration, Department of Labor (DOL), EBSA, Employee Retirement Income Security Act (ERISA)

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SunRISE TechBridge Challenge Provides Opportunities for Solar Energy Innovators

The United States is experiencing a period of rapid growth in the solar industry, and Fraunhofer TechBridge looks to enhance and continue through its SunRISE TechBridge Challenge to Realize Innovation in Solar Energy. The…more

Clean Tech, Funding, Renewable Energy, Solar Energy, Startups

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Federal Circuit Clarifies That Secondary Considerations Must Be Considered Both Individually And As A Whole In An Obviousness Analysis

On August 24, 2023, the U.S. Court of Appeals for the Federal Circuit, in Volvo Penta of the Ams. LLC v. Brunswick Corp., Case No. 22-1765, vacated a Final Written Decision of the Patent Trial and Appeal Board (PTAB) holding all…more

Appeals, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Infringement, Patent Trial and Appeal Board

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It’s Not Really ”Repeal and Replace”; It’s Transition

For the last six years, Republicans have talked about repeal and replacement of the Affordable Care Act. The election outcome now puts Republicans in a position of authority to take action on the Affordable Care Act. As we…more

Affordable Care Act, Healthcare Reform, Presidential Elections, Trump Administration

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Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction?

Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs). This failed strategy is…more

Brazil, ETSI, FRAND, Injunctions, Licensing Rules

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Treasury and IRS Release Final Tax Regulations for LIBOR Replacement Amendments

The lengthy saga of the transition to a post-LIBOR world reached a degree of finality on the tax side with the issuance by the Department of Treasury and Internal Revenue Service (IRS) of long-awaited final regulations (the…more

Alternative Reference Rates Committee (ARRC), Inter-Bank Offered Rates (IBORs), Internal Revenue Code (IRC), IRS, Libor

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Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle

On Tuesday, December 12, 2017, the Massachusetts Appeals Court, applying New Hampshire law, held that a professional liability insurer did not breach the implied covenant of good faith and fair dealing by settling a New…more

Appeals, Breach of Contract, Covenant of Good Faith and Fair Dealing, Health Care Providers, Medical Malpractice

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A Brief Summary of the SEC’s Proposed Climate-Related Rules

On March 21, 2022, the Securities and Exchange Commission (“SEC”) unveiled its long-anticipated proposed rules on climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors.”…more

Biden Administration, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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When Can a Trademark Owner Take Action for Unauthorized Use of its Trademark Online?

Unauthorized use of a trademark on the Internet occurs often and in many forms, usually involving the profiting, whether intentionally or unintentionally, from the goodwill associated with a trademark belonging to someone else…more

Consumer Protection Act, Cybersquatting, First Amendment, Intellectual Property Protection, Trademark Infringement

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There is a conflict brewing in CA between environmentalists and environmentalists

Last month, Governor Newsom attempted to turbocharge California's efforts to combat climate change with big infrastructure projects: he proposed a package of no less than eleven bills to speed up the approval of clean energy,…more

California, Caltrans, CEQA, Climate Change, Governor Newsom

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Federal Circuit Puts the Onus on Patent Owners to Disclaim Patent Term or Face Double-Patenting

On August 28, 2023, the U.S. Court of Appeals for the Federal Circuit, in In re Cellect, Appeal No. 2022-1293, evaluated for the first time how statutorily authorized patent term adjustments interact with the judge-made doctrine…more

Appeals, Double Patent, Obviousness-Type Double Patenting (ODP), Patent Invalidity, Patent Ownership

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Bankruptcy Court Upholds Indian Tribe’s Sovereign Immunity

In a decision published October 19, 2020, Judge Frank J. Bailey of the U.S. Bankruptcy Court for the District of Massachusetts found that an Indian tribe was not subject to the Bankruptcy Code’s automatic stay. This decision…more

Automatic Stay, Bankruptcy Code, Chapter 13, Congressional Intent, Native American Issues

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Do Patent Claims to Methods of Treatment Cover In Vivo Transformations?

Where an alleged infringer administers a substance A to a subject, and the substance is subsequently transformed to a therapeutic agent X inside the subject’s body, does the administration of the substance A constitute an act of…more

Claim Construction, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule

The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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