Expert Analysis


Out-Of-State Companies Beware Mass. 'Manufacturer' Tag

As a result of recent cases, non-Massachusetts corporations, which may outsource certain operations and not consider themselves engaged in manufacturing in their home state, could nevertheless be found to be manufacturers in Massachusetts, say Philip Olsen and Michael Penza of Morrison & Foerster LLP.


HUD Stance On Insurers’ Disparate Impact Liability May Shift

On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.


Praxair And The Printed Matter Doctrine

The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.


UK Public Beneficial Owner Register Will Be 1st Of Its Kind

Earlier this year, U.K. Business Secretary Greg Clark announced that a public register containing details about owners of overseas companies that buy or own property in the U.K. will be made available by early 2021. While the true impact of the new register is difficult to predict, it is clear that the days of anonymous property ownership are over, say Simon Airey and Joshua Domb of Paul Hastings LLP.


Advertiser Self-Regulation And Class Actions: Part 3

Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.


ITC’s Amended Section 337 Rules Streamline Investigations

Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.


Highlights Of Proposed Medicare Payment And Policy Rules

The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.


5 Questions You Should Ask About Your Global Equity Awards

U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.


Relief From CFPB’s Auto Guidance May Be Short-Lived

In a dramatic win for the auto finance industry, Congress recently voted to reverse the Consumer Financial Protection Bureau’s 2013 guidance related to fair lending and interest rates for indirect loans. However, such rollbacks may not be enough to create long-lasting regulatory relief, say attorneys with Nelson Mullins Riley & Scarborough LLP.


​GAO Clarifies Rules For Conflict Of Interest Waiver Protests

The U.S. Government Accountability Office's decision this month in ARES Technical Services Corporation provides useful guidance to GAO protesters on where they should — and should not — focus their organizational conflict of interest waiver challenges, says Aron Beezley of Bradley Arant Boult Cummings LLP.


1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.


Reaffirming Omnicare's Section 10(b) Protections

In its recent decision in Martin v. Quartermain, the Second Circuit reiterated that meeting the Omnicare standard set forth by the U.S. Supreme Court in 2015 is no small task for investors. This strict application of Omnicare ensures that Section 10(b) jurisprudence remains focused on identifying truly fraudulent conduct, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.


A Proposed Approach For High Court In Vitamin C Case

It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.


2 Court Standards For Statutory Damages In Copyright Cases

The recent District of Kansas decision in Energy Intelligence Group v. CHS McPherson Refinery highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple copyrighted expressions are at issue, say Amy Fitts and Benton Keatley of Polsinelli PC.


Facing The Homestretch Of GDPR Prep: Part 3

The EU General Data Protection Regulation implementation date — May 25 — is one week away. In this video, Brian Hengesbaugh of Baker McKenzie discusses how companies can set realistic short- and long-term goals.


Calif. Taxpayers Shouldn't Be Penalized For Gillette Elections

Taxpayers that made the Gillette election on their California returns should file protests to contest any penalties assessed by the Franchise Tax Board, say attorneys at Reed Smith LLP.


A Missed Opportunity For Whistleblower Protections In UK

U.K. financial regulators recently decided the first test case under the country’s whistleblower protection provisions in a matter involving Barclays CEO Jes Staley. The decision not to take action against Barclays calls into question the extent to which regulators will give teeth to the protections, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.


What #MeToo Means For The Maritime Sector

The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.


Advertiser Self-Regulation And Class Actions: Part 2

Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.


The Rise Of Unmanned Aerial Vehicles In Construction

Unmanned aerial vehicles are gaining popularity in the construction industry, as they are useful for inspections, security and surveillance, among other functions. However, companies using them need to consider a number of legal risks and issues, including conflicts between state laws and federal aviation laws, says Kenneth Suzan of Barnes & Thornburg LLP.




Special Series


Judging A Book

Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.




Dissolving Practice

In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

After Cyan

What does the U.S. Supreme Court's unanimous ruling in Cyan v. Beaver County mean for the future of securities litigation? Attorneys at the heart of the case share their views in this series.



Q&A


A Chat With Perkins Practice Management Chief Toby Brown

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 Toby Brown, chief practice management officer at Perkins Coie LLP.



Op-Eds


ALI Restatement Should Not Reflect Aspirational Proposals

When the American Law Institute meets next week to consider whether to approve its Restatement of the Law on Liability Insurance, it should take note of provisions such as Section 12(1), which would embroil the ALI in policy questions that are far afield from its mission in publishing restatements of the law, says Laura Foggan of Crowell & Moring LLP.

Litigation Funding Bill Lacks Policy Rationale

Republican senators recently introduced "The Litigation Funding Transparency Act of 2018" with the purported goal of keeping the civil justice system honorable and fair. However, it would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against massive corporations, says Matthew Harrison of Bentham IMF.