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  • Article

    Obama Administration Withdraws Draft Ozone Ambient Air Quality Standards And Reinstates 2008 Standards

    President Obama announced on September 2 that his administration was withdrawing the draft ozone ambient air quality standards that the U.S. Environmental Protection Agency (EPA) had prepared and was in the process of issuing as new regulations.
    United StatesEnvironment
    Morgan Lewis
    Morgan Lewis
  • Article

    The Commercial End-User Exemption

    CFTC and SEC solicit comments on proposed rules governing the commercial end-user exemption to the clearing requirements of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
    United StatesFinance and Banking
    Morgan Lewis
    Morgan Lewis
  • Article

    Supreme Court Strikes Vermont Data Mining Law And Protects Pharmaceutical Marketing

    On June 23, the U.S. Supreme Court issued a 6-3 decision in Sorrell v. IMS Health Inc., declaring a Vermont law designed to prevent data mining unconstitutional.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morgan Lewis
    Morgan Lewis
  • Article

    New Information Requirements for Government Contractors: FAR Amendments Implement New Contractor Database

    Under new requirements effective April 22, government contractors must now submit to the government information regarding past criminal, civil, and administrative proceedings when bidding for a contract or grant.
    United StatesGovernment, Public Sector
    Morgan Lewis
    Morgan Lewis
  • Article

    Department of State Releases September 2010 Visa Bulletin

    The U.S. Department of State (DOS) has released its September 2010 Visa Bulletin.
    United StatesImmigration
    Morgan Lewis
    Morgan Lewis
  • Article

    Policyholder's Litigation Costs Are Recoverable in Defending Against Excess Insurer's Declaratory Relief Coverage Action

    On October 1, a New York appellate court held in RLI Ins. Co. v. Smiedala that an insured who prevailed in a declaratory relief coverage action brought by its excess insurer could recover its attorney’s fees in the litigation, even though the excess insurer’s coverage obligations with respect to underlying litigation had not yet been triggered.
    United StatesInsurance
    Morgan Lewis
    Morgan Lewis
  • Article

    Supreme Court of Delaware Reforms Release of Duty to Defend Based on Mutual Mistake

    On January 5, in Clariant Corp. v. Harford Mut. Ins. Co., 2011 WL 18351, the Supreme Court of Delaware ruled that even when a settlement and release of a party’s duty to defend and/or indemnify is entirely unambiguous, courts may reform the settlement and release to comport with the parties’ true contractual intent.
    United StatesInsurance
    Morgan Lewis
    Morgan Lewis
  • Article

    Federal Circuit Fails To Set Clear Standard For Patent Eligibility

    In an opinion that was poised to set a single standard governing the patent eligibility of computer-implemented inventions, no majority is reached.
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    Computer-Assisted Review Costs Awarded In California Patent Case

    Court finds that using technology to undertake more efficient document review is reasonable.
    United StatesLitigation, Mediation & Arbitration
    Morgan Lewis
    Morgan Lewis
  • Article

    IRS Disagrees with Veritas But Won't Appeal

    On November 12, the Internal Revenue Service (IRS or Service) released an Action on Decision (AOD), AOD 2010-05, stating that it disagrees with the U.S. Tax Court’s reasoning and decision in Veritas Software Corp. v. Commissioner, 113 T.C. No. 14 (2009).
    United StatesTax
    Morgan Lewis
    Morgan Lewis
  • Article

    OFCCP Takes Initial Steps To Require Burdensome Reporting Of Compensation Data

    In an Advanced Notice of Proposed Rulemaking (ANPRM) published in the Federal Register on August 10, the Office of Federal Contract Compliance Programs (OFCCP) solicits public comments on a proposed requirement that contractors submit extensive compensation data to the agency through a webbased collection tool.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    U.S. Supreme Court Establishes State-Of-Mind Requirement For Inducing Infringement Liability

    Today, the U.S. Supreme Court issued its decision in Global-Tech Appliances, Inc., et al. v. SEB S.A., No. 10-6 (2011), holding that to prove inducing infringement under 35 U.S.C. § 271(b) a plaintiff must prove that the infringer had knowledge that "the induced acts constitute patent infringement."
    United StatesIntellectual Property
    Morgan Lewis
    Morgan Lewis
  • Article

    Eleventh Circuit Rejects FTC Challenge To Reverse Payment Settlement

    Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge.
    United StatesAntitrust/Competition Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Acting NLRB General Counsel Announces a "Renewed Agency-Wide Focus on Interim Injunctive Relief"

    On September 30, the National Labor Relations Board’s (NLRB’s or the Board’s) Acting General Counsel Lafe E. Solomon outlined a new initiative to expedite the processing of Section 10(j) requests in cases involving alleged unlawful discharges during union organizing campaigns.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    DOL Publishes Final Rules on Labor Law Posting for Federal Contractors

    On May 20, the U.S. Department of Labor (DOL) issued its final regulations describing how federal contractors and subcontractors will provide notice of employee rights under the federal labor laws.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    DOL Revises Guidance On Open Brokerage Windows

    Modified Field Assistance Bulletin eliminates rule calling for fund disclosures of investments available through brokerage windows and other similar arrangements.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Denies Rehearing But Grants Clarification and Extension of Time on TPL-002-0 Reliability Standard

    On March 18, 2010, the Federal Energy Regulatory Commission (FERC or the Commission) issued several orders that portend a significant expansion of FERC control over the development and drafting of mandatory Reliability Standards by the North American Electric Reliability Corporation (NERC).
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    FERC Finds Market Manipulation in ISO-NE

    On November 29, 2011, the Federal Energy Regulatory Commission approved a Stipulation and Consent Agreement between the Office of Enforcement (Enforcement) and Holyoke Gas and Electric Department (Holyoke) in which Holyoke stipulated that it failed to report to ISO New England, Inc. (ISO-NE) three planned outages of two of its generating units serving as ISO-NE capacity resources, as required under the ISO-NE tariff.
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    Technology Litigation Trends

    Litigation for the technology industry has long been mistakenly thought of as synonymous with intellectual property litigation.
    United StatesStrategy
    Morgan Lewis
    Morgan Lewis
  • Article

    Supreme Court Stresses Employer Action To Prevent And Correct Sexual Harassment By Supervisors

    United StatesEmployment and HR
    Morgan Lewis & Bockius LLP
    Morgan Lewis & Bockius LLP

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