Expert Analysis

Congressional Review Act Cannot Restore Net Neutrality

Proposals to use the Congressional Review Act to “undo” the Restoring Internet Freedom Order would not accomplish the objectives its proponents claim they want to achieve. In fact, it would only deprive consumers of a right to receive vital information about their broadband services, says Bennett Ross of Wiley Rein LLP.

Warranty And Indemnity Insurance Can Help M&A Buyers

In recent years, warranty and indemnity insurance has become a prevalent method of helping mergers and acquisitions counterparties close transactions by transferring warranty and liability away from the buyer and seller and onto the insurance market, say William Charnley and Ilan Kotkis of King & Spalding LLP.

6 Consumer Protection Enforcement Trends To Watch At FTC

With new leadership poised to take the helm at the Federal Trade Commission, now is an opportune time to review the latest consumer protection trends and developments, say attorneys with Cooley LLP.

Bankruptcy Notice Lessons From Lyondell

The Eighth Circuit’s decision in Dahlin v. Lyondell Chemical Co., addressing what a debtor needs to include in a claim bar date notice to unknown creditors, makes clear that due process in the notice context is rooted in reasonableness, say Robert Millner and Geoffrey Miller of Dentons.

Texas High Court Ruling On Patent Agents May Be Influential

The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents. The Silver ruling could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule upon which the decision was based, say attorneys with Reed Smith LLP.

Expats Beware: OVDP Is Over In September

U.S. taxpayers with undisclosed foreign accounts need to act soon as the IRS is ending its offshore voluntary disclosure program in six months, says Glen Frost of American Citizens Abroad.

Tax Reform Is Hurting Foreign Investors In The US

The Tax Cuts and Jobs Act has codified a previous revenue ruling in a fairly controversial area of partnership tax law, in a potential disappointment to non-U.S. investors in domestic partnerships and practitioners who questioned the authority for issuing the ruling in the first place, say Michele Alexander and Ryan Davis of Bracewell LLP.

Persistence Pays Off For Adidas In EU Trademark Dispute

This month, Adidas won a potentially decisive victory in the latest round of its long-running trademark dispute with Shoe Branding Europe. The case, which began in 2009, holds key lessons for brands looking to safeguard or challenge trademarks in EU jurisdictions, say Simon Ayrton and William Hillson of Powell Gilbert LLP.

How FERC Is Acting On Income Tax Allowances And The TCJA

The Federal Energy Regulatory Commission acted swiftly to respond to the recent United Airlines v. FERC decision regarding income tax allowances, as well as to implement changes stemming from the Tax Cuts and Jobs Act. FERC's actions are meant to ensure that ratepayers see the benefits of lower corporate tax rates, say attorneys with Husch Blackwell LLP.

Discovery Challenges In Transnational Class Actions

Plaintiffs in a recent case in Canada brought a motion for production of 120 million pages of documents by a Canadian drug company that had previously been produced by its U.S. and German affiliates in a parallel U.S. class proceeding. This highlights the risks of productions in one jurisdiction later being deemed relevant in foreign litigation, say attorneys with Borden Ladner Gervais LLP.

Risk Of 'Below Deal Price' Appraisal Post-Dell: Part 2

It remains uncertain whether the Delaware Chancery Court — when relying on the deal price to determine fair value, as prescribed in Dell — will now make a downward adjustment to exclude value arising from the merger itself, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

5 Steps To Take After H-1B Premium Processing Suspension

U.S. Citizenship and Immigration Services' recent announcement that it will temporarily suspend premium processing for the upcoming fiscal year’s H-1B petitions indicates the current suspension will apply only to fiscal year 2019. But as FY 2019 filings will only increase processing backlogs, the likelihood of a broader suspension of premium processing is material, say attorneys with Mayer Brown LLP.

Is DOL's New Self-Audit Program A Win-Win?

Employers will want to give careful consideration to whether the benefits of the U.S. Department of Labor's recently announced Payroll Audit Independent Determination, or PAID, program outweigh the negatives associated with having to turn themselves in to the Wage and Hour Division, says Jim Coleman of Constangy Brooks Smith & Prophete LLP.

Post Tax Reform: What Corporate Structure Is Right For You?

Given a range of changes made to the Internal Revenue Code by the Tax Cuts and Jobs Act, many CEOs and in-house counsel are wondering whether it is more advantageous to conduct their businesses as pass-through entities or, alternatively, as C corporations. Attorneys with Procopio Cory Hargreaves & Savitch LLP discuss the options.

A Potentially Promising Future For Pa. Medical Marijuana

The Pennsylvania Department of Health recently published new temporary regulations that will expand patient access to pharmaceutical-grade medical cannabis and enhance the state’s nascent medical marijuana program. However, certain provisions could threaten the program's economic viability, say Daniel Clearfield and Peter Murphy of Eckert Seamans Cherin & Mellott LLC.

Calif. Seeks Input On Clean Energy Equipment Tax Exemption

Next month, the California Department of Tax and Fee Administration will hold an interested parties meeting regarding a partial sales and use tax exemption for electric generation and distribution equipment. Attorneys from Eversheds Sutherland LLP explain how the exemption has changed this year and why stakeholders may want to weigh in.

Condo Developers Must Understand Building Defect Claims

Massachusetts courts have shown a desire to ensure that owners of newly constructed condominiums have the ability to pursue the same construction defect and warranty claims as new single-family home owners. Just as real estate developers should be cognizant of their duties concerning alleged building defects, condominium developers should be as well, say attorneys with Rackemann Sawyer & Brewster.

A Shield And A Sword: 325(d) Arguments At The PTAB

In inter partes review, the application of Section 325(d) — analysis of whether a given reference was previously presented to, and considered by, the U.S. Patent and Trademark Office during prosecution — gives rise to strategic considerations for both petitioners and patent owners, say Kelly Eberspecher and Katherine Cappaert of Steptoe & Johnson LLP.

Foolishness Versus Fintech: Foolishness Wins Again

A Colorado federal court's recent decision in Meade v. Avant strikes another blow against many financial technology firms by limiting the valid-when-made doctrine, which provides that a loan that is valid when it's made does not become invalid when it's sold or assigned to a third party, say Timothy Butler and Chelsea Lamb of Troutman Sanders LLP.

TCPA Insurance Claim Issues Continue To Evolve

Because Telephone Consumer Protection Act claims inherently exist at the nexus between multiple lines of coverage, the landscape of TCPA insurance coverage law is complex. Recent questions include whether TCPA claims inherently arise from invasions of privacy and whether damages awarded are remedial or punitive, say Cort Malone and Nicholas Maxwell of Anderson Kill PC.

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EPA In The Trump Era

In this series, former EPA general counsels and agency members discuss some of the most significant recent developments at the U.S. Environmental Protection Agency and what they mean for the future of U.S. environmental law.

My Strangest Day In Court

Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.


A Chat With Littler Info Chief Durgesh Sharma

In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.


Companies Should Avoid The BigLaw Bonus Structure

Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have been using this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

It's Time For The US To Re-Engage With The TPP

A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.