Last week, the Centers for Medicare & Medicaid Services (CMS) alerted health plans and health insurance issuers to the impending deadline for electronically submitting verifications of conformity with the proscription against so-called gag clauses. The deadline for this compliance, as stated by CMS, is not too far away, on December 31, 2023, and thereafter annually…
In some concerning news for data privacy advocates, the Berglund Management Group, Inc., also known as Berglund Automotive, has filed a notice of a significant data breach. This breach was discovered on November 22, 2023, and was promptly reported to the Attorney General of Maine, as per the mandates of transparency associated with such incidents….
As the legal landscape around noncompete agreements continues to change, recent remarks by New York Governor Kathy Hochul highlight the need for balance in legislation. New York legislature recently passed a bill aiming to prohibit noncompetes across the state. However, it lacks an exception for the sale of a business, a point that Governor Hochul…
In the ever-evolving legal landscape, it’s crucial for legal practitioners to stay abreast of the latest court decisions, case precedents and legal developments. Here is an interesting case worth discussing: arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov. 8, 2023). The case highlights an important point – the enforceability of releases…
With an expanding landscape of legalized marijuana use in 38 states, three territories, and the District of Columbia, the U.S. legal marijuana industry has experienced rapid growth. Despite this progression, marijuana businesses are still faced with significant challenges when it comes to payment processing and banking, primarily due to federal prohibition on marijuana. A stark…
In the wake of the Internal Revenue Service’s (IRS) release of guidance in Notice 2023-63 concerning the capitalization of research & development (R&D) under Section 174, several attorneys from the tax group at Fenwick have expressed concerns that are imperative for corporations associated with technology, life sciences, and other industries deeply involved in substantial research…
In a recent legal case, a bank was accused of breaching contract due to its refusal to make a payment under a confirmation to a letter of credit. The bank defended its decision on the grounds of a sanctions prohibition, however, a court has ruled against them. This case shines a spotlight on key legal…
In a noteworthy development for the corporate legal community, the US Patent & Trademark Office (PTO) recently published a notice about supplemental guidance concerning the examination of patent design claims containing computer-generated images. This vital update is ascertained from the information available on JDSupra. This supplemental guidance, outlined in the Federal Register (88 Fed. Reg….
On September 21, 2023, the Colorado Division of Insurance set a new precedent by adopting a Finale Regulation implementing S.B. 21-169. This 2021 law is particularly significant as it’s specifically tailored towards the governing of Colorado-licensed insurers’ use of external consumer data and information sources (ECDIS), along with algorithms and predictive models which make use…
On November 29, 2023, Capital Health acknowledged an “Information Technology Security Incident” following widespread outages throughout its information technology network [JDSupra]. The healthcare provider calmly informed the public via a website notice as it grappled with these unanticipated challenges. As of yet, all the servers affected by the incident have not been fully resurrected. The…
The increasing integration of artificial intelligence (AI) in various sectors has significantly impacted productivity levels across the globe. Manufacturing, in particular, stands to reap immense benefits from incorporating AI into its operations. However, for AI to achieve its full potential within the manufacturing industry, companies must ensure adequate measures for privacy protection and bias elimination,…
The Internal Revenue Service (IRS) has announced updates on the applicable dollar amount for the determination of the Patient-Centered Outcomes Research Institute (PCORI) Fee for the year 2024. This development was initially reported by law firm Seyfarth Shaw LLP. Alongside the PCORI Fee, updates regarding other health and welfare limits were also brought to light….
In an interesting case that has caught the attention of legal professionals worldwide, the US Court of Appeals for the Federal Circuit has ruled that the Patent Trial & Appeal Board (PTAB) has the liberty to issue a final written decision in a post-grant review (PGR) proceeding even after the statutory deadline has passed. JD…
In a wake-up call to a large number of corporations in the U.S., the upcoming enforcement of the Corporate Transparency Act (CTA) and the related CTA Rule in 2024 are set to redefine the landscape of corporate ownership registration significantly. A recent article on JD Supra outlined who must be reported as beneficial owners of…
In recent years, the U.S. Securities and Exchange Commission (SEC) made headlines after it issued a contentious order against a public company. The company ended up settling violations under Section 13(b)(2)(B) of the Exchange Act, an area often referred to as the ‘internal accounting controls’ provision. The case has since reignited an ongoing debate regarding…
The Belgian legal landscape recently experienced a significant alteration with the introduction of an act that mandates the appointment of a person of trust within companies. The new law is designed to manage and mitigate psychosocial risks within the workplace, which can gravely affect the well-being and productivity of employees, and consequently the entire organization….
The most recent iteration of the Silicon Valley Venture Capital Survey has disclosed that third-quarter Bay Area venture capital financings peaked at the greatest number in the previous 12 months, reaching 188. This number notably incorporates the largest total of Series A financings (100) since the second quarter of 2021. Nevertheless, Q3 has remained largely…
In an interesting turn of legal events, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s patentability determination, which found that a patent challenger waived an argument it tried to incorporate by reference to another brief. The case in question here is Medtronic, Inc. v. Teleflex Life Scis….
In an important development, this month saw the Fifth Circuit’s ruling on the controversial Tesla, Inc. v. NLRB case that questioned an employer’s right to maintain a uniform policy that could potentially restrict employees from wearing union t-shirts. In a significant judgement, the court sided with Tesla, putting a decisive spin on the standing National…
In a recent ruling, the U.S. Court of Appeals for the Fifth Circuit ruled against Cajun Industries LLC in a case concerning its claim for research credit under the Internal Revenue Code (IRC) Section 41. The case, United States v. Grigsby, Docket No. 22-30764, has far-reaching implications for companies attempting to claim tax credit for…
In the most recent series of patent case summaries, the significant case Purdue Pharma L.P., et al. v. Collegium Pharmaceutical, Inc., et al., No. 2022-1482 has made headlines, with a decision issued by the Federal Circuit Court (Patent Trial and Appeal Board, or PTAB) on November 21, 2023. The detailed opinion was penned by Dyk…
Over the past year, a trend has emerged in several states enacting healthcare antitrust legislation. These laws target healthcare entities and implement a dedicated healthcare transaction review process by relevant state agencies. The jurisdictions leading the pack with these new legislations in 2023 include California, New York, Minnesota, and Illinois. The essence of the new…
In breaking news, EDRM – Electronic Discovery Reference Model, is gearing up to present a novel solution for remote, smartphone data collection leveraging cloud technology. The webinar titled, “Revolutionary Cloud-Based Smartphone Data Collection: It’s Time To Ditch The Kit!”, is earmarked for December 12th, with a timing of 1:00 pm – 2:00 pm ET. The…
The role of storytelling in driving business-to-business (B2B) transactions, particularly in disciplines hinging on reputation management, is proving to be a game-changer. As reported by JD Supra Perspectives, narrative branding is emerging as a critical method for professional services in establishing and improving connections with clients and stakeholders. Previously, traditional ways of branding in the…
In a notable event in legal circles, the dispute between the Securities and Exchange Commission (SEC) and the Chamber of Commerce has taken another turn. A Fifth Circuit Court of Appeals panel has rejected the SEC’s request for additional time to provide substantive evidence supporting its new share repurchase disclosure rules. The panel’s decisions echo…