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Financial regulatory reform — it’s coming, unless it doesn’t

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Article by  Joel S. Telpner, originally posted by blog.sandw.com. Many unknowns If you’re like me, you are constantly receiving alerts from consultants, law firms, policy shops and others, all predicting how the Trump Administration is going to dramatically change, or even gut, Dodd-Frank and other U.S. financial regulations.  As you read these prognostications, keep in mind just ...

Massachusetts Division of Banks announces return of $2.4M to consumers under settlement with payday lender

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On November 22, 2016, the Massachusetts Division of Banks (“DOB) announced that it has returned approximately $2.3 Million to 1,673 Massachusetts residents, as part of a settlement with an online payday lender. The payday lender allegedly issued payday loans with interest rates between 89 and 135 percent, and annual percentage rates (APR) between 89 and 355 percent, which ...

Trademark solicitation scams

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Last month the United States Patent and Trademark Office (“the Office”) announced its cooperation in a Department of Justice investigation into a trademark scam perpetrated by two California men that defrauded about 4,446 people of $1.66 million. The investigation resulted in the arrest of Artashes Darbinyan and Orbel Hakobyan, both of Glendale, CA, and their ...

Merck & Cie v. Gnosis: A more deferential standard of review for inter partes review decisions

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On 11 October 2016, the U.S. Supreme Court denied Merck & Cie’s petition for certiorari in Merck & Cie v. Gnosis S.p.A., No. 16–125, 2016 WL 4014485, at *1 (U.S. Oct. 11, 2016). With this, the debate about the proper standard of review of an obviousness ruling in an inter partes review (IPR) is over—decisions ...

Phigenix v. ImmunoGen: IPR Challenger May Lack Standing to Appeal to Federal Circuit

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February 2, 2017 Blogs, IP Law Bulletin Michael Visconti, III The America Invents Act (AIA) established a number of procedures for challenging a granted patent at the Patent Trial and Appeal Board (PTAB). While virtually anyone can challenge a patent using these procedures, not everyone has standing to appeal if the challenge does not go ...

#Hashingitout: Is It Worth Registering A Hashtag?

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This article originally ran on blog.sandw.com. Recently, the Coca-Cola Company sought to register two hashtags as trademarks: #cokecanpics and #smilewithacoke. For those who may wonder why: various online social networking services (like Twitter, Instagram, and Pinterest, to name a few) enable users to search a word or phrase preceded by a hash or pound sign ...

Professional service companies face significant cyber risk

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Written by: Cameron G. Shilling & Kevin Lin Published in the New Hampshire Business Review (2/9/17) and online at www.mclane.com Cyber attacks and costly accidental losses of sensitive personal and financial information are no longer confined to retailers like Target or Sony or banks and investment houses like JP Morgan. Professional service companies – like ...

New York Industrial Board of Appeals rescinds payroll debit card and direct deposit regulations

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This article first appeared at seyfarth.com. Seyfarth Synopsis:  Regulations that would have restricted New York employers’ ability to pay employees via payroll debit cards have been struck down by an administrative review tribunal within the State Department of Labor. Barring further regulatory or statutory action, employers remain free to use payroll debit cards subject to ...

Massachusetts non-compete legislation back in play

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This article first appeared on nutter.com. As was previously reported by nutter.com, the Massachusetts House and Senate passed contrasting versions of non-compete reform bills in 2016 but were unable to come to an agreement by the end of the legislative session. Efforts began anew last month as Senator William Brownsberger and Representative Lori Ehrlich filed ...

Supreme Court holds equitable laches is no longer available to limit patent damages

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This article was first published at www.foleyhoag.com. Summary The Supreme Court, in a 7-1 decision written by Justice Alito, has held that laches cannot be invoked as a defense against any claim for damages in a patent case brought within the 6-year limitation on damages prescribed by Section 286 of the patent statute. The Supreme ...

Court lacks subject matter jurisdiction over unasserted claims

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This article was originally posted by nutter.com. A party can raise lack of subject-matter jurisdiction at any time during a litigation. Illustrating this point, recently in Joao Control & Monitoring Systems, LLC v. Telular Corporation a patentee saved its unasserted patent claims from the Court’s invalidity order by arguing that the Court lacked subject matter ...

Potential government shutdown: Immigration consequences for employers and their foreign national employees

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This article originally ran on www.seyfarth.com. Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and small. The federal government, through its various agencies, plays a key role in authorizing and ...

FICA taxes and administrative traps for employers

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This article originally ran on blog.sandw.com. The nuances of the Social Security and Medicare tax system – collectively FICA taxes – continue to confound and increase the potential liability of employers who are not well versed in this area. Background Although income taxes are generally not owed until nonqualified deferred compensation is paid, under the ...

Gender pay gap is primarily a result of personal choices — so, what can employers do?

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This article was written by Cara Crotty and originally posted by www.employmentandlaborinsider.com. A number of studies are showing that most, if not all, of the gender pay gap is explained by personal choices made by men and women. But how can employers protect themselves from claims of discrimination? The U.S. Bureau of Labor Statistics reports ...

Beware of facilitating counterfeiting and trademark infringement

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Written by: Jeremy T. Walker Originally published in NH Bar News (6/19/2017) and online at www.mclane.com. It is common knowledge that those who manufacture or sell counterfeit goods may face both criminal and civil liability. What often catches some by surprise, however, is that brand owners often pursue those who facilitate counterfeiting more aggressively than the ...

What are the reporting obligations under Section 16?

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By Jeffrey Morlend This article was originally published on blog.sandw.com. Most in-house counsel of public companies are very familiar with the reporting obligations required by the trifecta – Form 8-Ks, Form 10-Qs and Form 10-Ks – but they oftentimes rely on outside counsel to help determine whether any filings are required to be made under ...

Supreme Court’s ruling on AIA patent reviews could reverberate across patent law landscape

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On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC to decide whether the AIA (America Invents Act) patent review program for challenging the validity of issued patents is constitutional. Specifically, the Court will decide the question of “whether inter partes review – an adversarial process used by the Patent ...

HVCRE: Some answers on the horizon?

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This article originally ran on www.seyfarth.com. Since its implementation, the High Volatility Commercial Real Estate (HVCRE) rules have created certain questions and concerns for banks and borrowers alike in real estate lending transactions.  Bi-partisan legislation (H.R. 2148) introduced by Congressmen Robert Pittenger (R-NC) and David Scott (D-GA)1 in the House of Representatives would address some of ...

Massachusetts Supreme Judicial Court rules that employers may need to accommodate off-duty medical marijuana use

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This article was originally posted by www.seyfarth.com. Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based on an individual’s off-duty medical marijuana use.  This landmark decision runs contrary to the majority of courts in other ...

SJC rules Wage Act plaintiffs are entitled to prejudgment interest, but not on treble damages

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This article was first published by www.foleyhoag.com. Last month, the Massachusetts Supreme Judicial Court (“SJC”) resolved a contested issue under the Massachusetts Wage Act, ruling that successful Wage Act plaintiffs are entitled to prejudgment interest on the unpaid wages and other benefits they are awarded. However, the SJC held that employees cannot recover interest on ...
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