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  • Article

    European Court Confirms No Legal Privilege for In-House Lawyers in EU Competition Proceeding

    On September 14, 2010, the Court of Justice of the European Union (the Court) issued its long-awaited decision in Akzo Nobel Chemicals and Akcros Chemicals v. Commission (Case C-550/07 P), confirming that communications between company employees and in-house lawyers are not privileged in European Union (EU) competition proceedings.
    United StatesInternational Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Reasonably Usable Form for ESI: Court Orders Party to Produce Documents in Fully Searchable Electronic Form

    In a recent federal district court case addressing a defendant’s motion to compel, Jannx Medical Systems, Inc. v. The Methodist Hospitals, Inc., 2010 WL 4789275, U.S. Magistrate Judge Paul R. Cherry found a plaintiff’s production of electronic documents in PDF format without searchable text did not comply with Federal Rule of Civil Procedure 34 (Rule 34).
    United StatesLitigation, Mediation & Arbitration
    Morgan Lewis
    Morgan Lewis
  • Article

    For Better Or Worse? FTC And DOJ Remake Hart-Scott-Rodino Act Premerger Notification Form And Rules

    The Federal Trade Commission (FTC) and the Department of Justice (DOJ) recently modified the premerger notification form and rules for transactions reportable under the Hart-Scott-Rodino Act (HSR Act).
    United StatesAntitrust/Competition Law
    Morgan Lewis
    Morgan Lewis
  • Article

    UK Supreme Court Dismisses Appeal To Halt Extradition To The U.S. In Connection with Alleged Cartel Participation

    On February 24, the Supreme Court of the United Kingdom dismissed the appeal of Ian Norris, former CEO of The Morgan Crucible Company plc, paving the way for the first-ever extradition to the United States of a defendant in an antitrust case.
    United StatesAntitrust/Competition Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Supreme Court Provides Good Faith Employers With Punitive Damages Defense

    United StatesReal Estate and Construction
    Morgan Lewis & Bockius LLP
    Morgan Lewis & Bockius LLP
  • Article

    Brief Filed In Litigation Challenging The NLRB’s Final Rule Requiring All Employers To Post Notice Of Employee Rights Under The NLRA

    On August 25, the National Labor Relations Board (NLRB or Board) issued a Final Rule (Rule) that requires all employers subject to the Board’s jurisdiction—i.e., the vast majority of employers doing business in the United States—to post a notice in the workplace informing employees of their right, among other things, to "[o]rganize a union," to "take action . . . to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a go
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    DOL Releases Final 408(b)(2) Disclosure Regulation

    The Department of Labor (DOL) has now released the "final" version of its final regulation on required disclosures by plan service providers under the statutory prohibited transaction exemption provided by Section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA).
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    NFA Revises Petition to Restrict Exclusions from Commodity Pool Operator Definition

    On June 29, National Futures Association (NFA) submitted to the Commodity Futures Trading Commission (CFTC) a petition for rulemaking (the Petition) that would revise the exclusions from the definition of a commodity pool operator (CPO) under CFTC Rule 4.5.
    United StatesFinance and Banking
    Morgan Lewis
    Morgan Lewis
  • Article

    ICANN Publishes List Of New gTLD Registry Applications

    Release of list is an important step toward what likely will be a dramatic change to the Internet; interested parties have until August 12 to submit comments.
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    Using Lean Six Sigma And Predictive Coding To Confront Volume Problem, Legal Intelligencer

    Traditional document review in the age of e-discovery is reaching the point of infeasibility. Setting hordes of attorneys in front of computer screens to review and code millions (sometimes billions) of records is not only prohibitively expensive, but often results in errors and inconsistent quality.
    United StatesMedia, Telecoms, IT, Entertainment
    Morgan Lewis
    Morgan Lewis
  • Article

    D.C. Circuit Upholds FERC Ruling To Apply "Mobile-Sierra" Doctrine To FCA Rates

    On February 15, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld FERC’s determination that the "Mobile-Sierra" doctrine applies when deciding whether a Forward Capacity Auction (FCA) rate is just and reasonable.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Addresses Fuel Obligations Of Capacity Resources In ISO New England

    A capacity resource may not take economic outages, but a resource may be considered physically unavailable if it cannot obtain natural gas or transportation.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Lacks Authority Over Commodity Futures Contracts

    The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Proposes Changes To EQR To Improve Accuracy In Reporting Simultaneous Exchanges

    On March 15, FERC issued a Notice of Proposed Rulemaking to revise the Electric Quarterly Report (EQR) Data Dictionary so parties can more accurately report simultaneous exchanges.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    NJDEP Rule Provides Relief From Environmental Regulatory Requirements

    New Jersey Department of Environmental Protection to begin accepting applications this summer for waivers of environmental compliance.
    United StatesEnvironment
    Morgan Lewis
    Morgan Lewis
  • Article

    OCR Releases HIPAA Audit Protocol

    Protocol provides clues regarding areas of focus for ongoing HIPAA audits assessing compliance with the Privacy, Security, and Breach Notification Rules.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morgan Lewis
    Morgan Lewis
  • Article

    H-1B Cap For 2014 Fiscal Year Reached

    U.S. Citizenship and Immigration Services has stopped accepting H-1B petitions subject to the 2014 fiscal year H-1B cap or the advanced degree exemption.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Sharing Of Form I-9 Or E-Verify Data May Be Unlawful

    The U.S. Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices recently issued a technical assistance letter stating that employers that share Form I-9 or E-Verify data with third parties, may be in violation of both the Immigration and Nationality Act.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Federal Circuit Sets Standard For Joinder In Multidefendant Patent Cases

    For cases filed before enactment of the America Invents Act, the Federal Circuit Court of Appeals has clarified that unrelated defendants may be joined together in a single patent case only if claims are based on the same product or process.
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    New ITC Commissioner Sworn In

    Commissioner Kieff will work to determine the effects of U.S. intellectual property rights violations on U.S. industry.
    United StatesInternational Law
    Morgan Lewis
    Morgan Lewis

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