ArticleNew Arbitration Ordinance In Hong Kong - 1st June 2011Hong Kong has introduced a new Arbitration Ordinance which became effective on 1st June 2011. Hong KongLitigation, Mediation & ArbitrationBlank Rome LLP
ArticleDepartment Of Labor Issues New FMLA FormsThe U.S. Department of Labor ("DOL") recently issued new model Family and Medical Leave Act ("FMLA") notice and certification forms to replace DOL's prior forms, which had expired on February 28, 2015.United StatesEmployment and HRBlank Rome LLP
ArticleDOL Issues Guidance On Same-Sex Marriage Under ERISAThe U.S. Department of Labor’s Employee Benefits Security Administration issued a release on September 18, 2013, providing guidance to employee benefit plans, plan sponsors, plan fiduciaries, and plan participants and beneficiaries on the meaning of "spouse" and "marriage" as these terms appear in the provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code.United StatesEmployment and HRBlank Rome LLP
ArticleEqual Employment Opportunity Commission Releases Long-Awaited Final Regulations Under The ADA Amendments ActOn March 24, 2011, the Equal Employment Opportunity Commission ("EEOC") issued its final regulations under the ADA Amendments Act of 2008 ("ADAAA"), which was intended to broaden the scope of coverage afforded by the Americans with Disabilities Act ("ADA"). United StatesEmployment and HRBlank Rome LLP
ArticleLaws And Regulations To Watch In 2012Because 2012 is an election year, Congress is not expected to pass significant labor and employment legislation.United StatesEmployment and HRBlank Rome LLP
ArticleNLRB Overturns Two Employer-Friendly Decisions Regarding Challenges To Representative Status Of UnionsIn a pair of decisions issued on August 30, which have already been touted as victories for unions, the National Labor Relations Board ("NLRB") restored the "successor bar" and "voluntary recognition bar" doctrines and defined "reasonable period of bargaining" in each of these two situations. United StatesEmployment and HRBlank Rome LLP
ArticlePennsylvania’s Marcellus Shale Advisory Commission ReportOn July 22, 2011, Governor Corbett’s Marcellus Shale Advisory Commission ("the Commission") issued its report containing 96 recommendations to "develop a comprehensive, strategic proposal for the responsible and environmentally sound government of Marcellus Shale."United StatesEnergy and Natural ResourcesBlank Rome LLP
ArticleJust When You Thought It Was Safe To Go Back In The Water . . . California To Enforce Vessel Air Emissions Regulations Despite Ninth Circuit’s RulingIn a rather surprising turn of events, the California Air Resources Board (“CARB”) announced on March 10, 2008, that, effective immediately, it will once again enforce its “Marine Vessel Rules.”United StatesEnvironmentBlank Rome LLP
ArticleNavigating Financial Anxiety In Challenging Economic TimesRecessions can take anyone by surprise. Many different economists have been predicting a recession for months now, though whether it is for a long or a short downturn...United StatesFamily and MatrimonialBlank Rome LLP
ArticleMortgage Crisis Fallout Continues: Bankers’ Executive Pay And Insider Stock Sales Under Congressional MicroscopeAs the U.S. mortgage crisis continues with record rates of home loans entering the foreclosure process—the Mortgage Bankers Association reported a new high of 0.83 percent on March 6—executive pay at several of the top Wall Street firms is being closely examined on Capitol Hill. United StatesFinance and BankingBlank Rome LLP
ArticleGrants And Incentives Available In The Transition To Electronic Health RecordsVice President Biden and Health & Human Services Secretary Sebelius have recently announced the availability of $1.2B in grants to foster the implementation of electronic health records (“EHR”). United StatesFood, Drugs, Healthcare, Life SciencesBlank Rome LLP
ArticleNew FTC Reporting Rules Target Pharma And Biotech Patent LicensesThe Federal Trade Commission is now targeting pharma and biotech patent license agreements in which less than all the patent rights are licensed. In particular, the FTC has modified its rules for reporting asset acquisitions under the Hart Scott Rodino Act to include exclusive patent license agreements for pharmaceuticals where manufacturing or other rights are retained by the licensor. United StatesFood, Drugs, Healthcare, Life SciencesBlank Rome LLP
ArticleSupreme Court Confirms That The Failure To Disclose Adverse Reports May Be Materially Misleading But Rejects Statistical Significance As Bright-Line Test For Materiality And ScienterOn March 22, 2011, in Matrixx Initiatives, Inc. v. Siracusano, -- S.Ct. --, 2011 WL 977060 (Mar. 22, 2011), the United States Supreme Court issued a unanimous decision ruling that reports of adverse events concerning a pharmaceutical company’s product may be sufficiently "material" under the federal securities laws. United StatesFood, Drugs, Healthcare, Life SciencesBlank Rome LLP
ArticleAppropriations Cycle Nears Finish Line, Defense Bill Likely The Last To Reach President’s DeskAn FY10 Defense Appropriations Conference Report (H.R. 3326) is slated for consideration on the House floor next week, as lawmakers scramble to complete all 12 regular appropriations bills before a continuing resolution—legislation currently funding most government agencies at FY09 levels—expires on December 18.United StatesGovernment, Public SectorBlank Rome LLP
ArticleDisruptive Changes On The Horizon For Federal COTS Software SupplyCommercial software manufacturers and certain federal resellers could find their federal business significantly impacted by an SBA Proposed Rule published recently at 79 Fed. Reg. 77955, December 29, 2014.United StatesGovernment, Public SectorBlank Rome LLP
ArticleThe SBA Restrictively Interprets The Small Business Jobs Act By Ruling The Deemed Certification Provisions Do Not Apply To Task Order ProposalsIn one of its first rulings interpreting the Small Business Jobs Act, the Small Business Administration’s Office of Hearings and Appeals curtailed the potential reach of the Act’s deemed certification provisions.United StatesGovernment, Public SectorBlank Rome LLP
ArticleDisrupting U.S. Patent Applications: New Procedure For Third Parties To Submit Prior Art And Other Publications In U.S. Patent ApplicationsThe America Invents Act expands the opportunity for third parties to submit prior art in pending patent applications before the U.S. Patent and Trademark Office.United StatesIntellectual PropertyBlank Rome LLP
ArticleReduced "Micro Entity" Government Fees Available For Certain Patent ApplicantsThe United States Patent and Trademark Office has established rules and a fee schedule providing a 75% "micro entity" discount for many fees to be paid in patents and patent applications.United StatesIntellectual PropertyBlank Rome LLP
ArticleFederal Judge Strikes Class Allegations Pre-Certification And DiscoveryToo many times a defendant is forced to foot the bill for costly discovery and motion practice before being able to successfully challenge class allegations. United StatesLitigation, Mediation & ArbitrationBlank Rome LLP
ArticleGoodbye Uber Class Action, Hello Individual ArbitrationLast week, in a significant blow to claims that gig economy workers are entitled to pursue disputes on a class or collective basis, and possibly whether those workers will be able to establish that they are employees and not independent contractors, a three-judge panel of the Ninth Circuit Court of Appeals unanimously decertified a class of 240,000 Uber drivers.United StatesLitigation, Mediation & ArbitrationBlank Rome LLP