August 26, 2019

Proving Fame for Trademark Dilution Claims

By: Roberta Jacobs-Meadway This article addresses how to prove a trademark is famous when asserting a dilution claim in federal court or in a Trademark Trial and Appeal Board (TTAB) proceeding pursuant to the Trademark Dilution Revision Act of 2006 (TDRA). 1 Topics discussed include the legal standard for fame, the statutory fame factors, and the types of evidence that may be submitted. Legal Standard for Fame To...

August 24, 2019

Discovery in Employment Discrimination Litigation: What Defendants Can Request and Obtain from Plaintiffs

By: Jamala S. McFadden , Chandra C. Davis , and Raquel H. Crump , The Employment Law Solution: McFadden Davis, LLC This article provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits under statutes including Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment...

August 24, 2019

Discovery in Employment Discrimination Litigation: What Plaintiffs Can Request and Obtain from Defendants

By: William C. Jhaveri-Weeks , Jhaveri-Weeks Law This article discusses the scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases, including limitations on discovery that defendants often attempt to assert, such as privilege, lack of relevance, lack of proportionality, and privacy interests. The article addresses how to use the different mechanisms for obtaining discovery effectively...

August 24, 2019

Representing Parties in Interest in a Chapter 11 Bankruptcy

By: Mark Haut , Lexis Practice Advisor This article provides general guidance for counsel retained to represent a party in interest in a bankruptcy proceeding. Bankruptcy cases involve myriad issues so coverage in this article is limited to certain general actions that should usually be taken when representing a party in interest. Counsel should refer to the specific topics in Lexis Practice Advisor to find practical...

August 24, 2019

Healthcare Financing Anti-assignment Limitations

By: Leslie J. Levinson , Robinson & Cole LLP This article describes how to structure financing transactions for healthcare providers to overcome anti-assignment and collection limitations on Medicare and Medicaid receivables. THE UNIFORM COMMERCIAL CODE (U.C.C.) GENERALLY prohibits restrictions on assignment, making it possible for secured lenders to obtain a perfected security interest in these assets. However...

August 13, 2019

State Legislatures Moving to Expand Consumers’ Controlover Personal Information

FOLLOWING THE EXAMPLE SET BY THE CALIFORNIA legislature,which enacted a sweeping data privacy statute in June 2018, state legislatures have begun to enact, or at least propose, similar laws to give consumers greater control over their personal information. As states continue to put privacy statutes on the books, the result is likely to be a patchwork of standards for businesses and other entities to follow. Background...

August 13, 2019

Current News and Legal Updates Fall 2019

NINTH CIRCUIT REINSTATES EMPLOYEES’ SUITS OVER PAYMENT FOR POST-SHIFT INSPECTION PERIODS EMPLOYEES OF NIKE AND CONVERSE MAY PROCEED with class action suits alleging that the athletic wear companies violated California law by refusing to pay them for time spent during mandatory post-shift security checks, the U.S. Court of Appeals for the Ninth Circuit has ruled. Rodriguez v. Nike Retail Services, 2019 U.S. App...

August 13, 2019

Reverse Mergers

By: Paul M. Rodel , Nicholas P. Pellicani , and Joel D. Salomon, Debevoise & Plimpton LLP This article examines market trends in reverse mergers by addressing recent notable transactions, deal structure and process, deal terms, disclosure trends, and legal and regulatory trends, and provides a market outlook for 2019. OVER THE LAST DECADE, A SIGNIFICANT NUMBER OF PRIVATELY held companies have transitioned to public...

June 20, 2019

Updates and Legal Developments Summer 2019

SAN FRANCISCO ADOPTS ORDINANCE BANNING CITY’S USE OF FACIAL RECOGNITION TECHNOLOGY SAN FRANCISCO HAS BECOME THE FIRST CITY IN THE United States to ban the use of facial recognition technology to identify individuals. As a result, city agencies, including the police department, will be prohibited from using the technology in the course of their governmental activities. The ordinance does not apply to individuals...

June 19, 2019

Mediating Employment Disputes

By: Patrick J. Lamparello and Noa M. Baddish Proskauer Rose LLP This article explains the process of mediating employment disputes, describes the contexts in which it may arise, and articulates the advantages and disadvantages of this process. Mediation is a non-binding, informal, and confidential negotiation in which a neutral third party actively promotes a mutually acceptable settlement. PARTIES OFTEN ATTEMPT TO...

June 19, 2019

Mediating Employment Disputes Checklist (Including Sexual Harassment Claims)

By: Laurie E. Leader , Chicago-Kent College of Law and Effective Employment Mediation, LLC This checklist highlights the main points for attorneys to consider when pursuing the mediation of employment disputes, including sexual harassment claims. Parties may wish to pursue mediation to resolve conflicts rather than engage in costly litigation. Mediation—a non-binding, informal, and confidential negotiation—facilitates...

June 19, 2019

Emerging Biometric Laws: Considerations for Employers and Companies Collecting Data

By: Aravind Swaminathan , David T. Cohen , Rochelle Swartz , and Nicholas Farnsworth Orrick Herrington & Sutcliffe LLP A recent decision from the Supreme Court of Illinois heightens the risks faced by companies collecting biometric information by... A recent decision from the Supreme Court of Illinois heightens the risks faced by companies collecting biometric information by holding 1 that an individual who is...

June 19, 2019

Drafting Landmines: Warranties for the Sale of Goods

By: Timothy Murray , Murray Hogue and Lannis The word warranty isn’t just mired in confusion; it leaps, dives, and wallows in it. It means so many different things that the great Karl Llewellyn, the chief architect of the Uniform Commercial Code (U.C.C.), said that “the sane course is to discard the word from one’s thinking.” 1 LLEWELLYN AND COMPANY BOWED TO TRADITION AND included the word...

June 18, 2019

Business Development Companies

By: Nicole M. Runyan and William J. Tuttle, Proskauer Rose LLP Increasing numbers of asset managers are evaluating the potential benefits of including a business development company (BDC) within their suite of managed funds and accounts. A BDC is a hybrid of an investment company and a traditional operating company and, as a result, their operations are subject to a unique and complex adaption of various federal securities...

June 18, 2019

Hatch-Waxman Pre-suit Considerations from the Generic Perspective

By: Janet B. Linn , Tarter Krinsky & Drogin LLP This article addresses how counsel for a generic drug company should prepare for patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act. 1 It examines strategies that you should review with your client and actions that you should take in advance of Hatch-Waxman litigation. Careful pre-suit preparation...

June 18, 2019

Corporate Debt Securities in U.S. Capital Markets

By: Ari B. Blaut and Daniel R. Loeser , Sullivan & Cromwell LLP The U.S. debt capital markets are an important source of capital for companies that borrow money to finance their businesses. Companies borrow money for a variety of reasons, from financing day-to-day operations and managing seasonal fluctuations in working capital, to funding acquisitions or paying dividends. Most companies obtain debt through loans...

June 18, 2019

Economic Advantages for Existing Property Owners in Opportunity Zones

By: Jessica Millett , Duval & Stachenfeld, LLP AS KNOWLEDGE OF THE OPPORTUNITY ZONE PROGRAM (the OZ Program), which was tucked away inside the 2017 Tax Reform package, 1 trickled out to the real estate community, ears began to perk up all over the country. As tax professionals parsed through the new provisions in the Internal Revenue Code (the Code) and explained the suite of tax benefits, investors and developers...

June 15, 2019

Surplus Lines Placement Compliance Flowcart

By: Cynthia Borrelli and Michael J. Morris , Bressler Amery & Ross, P.C. To find this article in Lexis Practice Advisor, follow this research path: RESEARCH PATH: Insurance > Managing Insurance Representatives > Checklists

June 14, 2019

Secured Overnight Financing Rate in Loan Transactions

By: Jason Amster , Lexis Practice Advisor This article describes the Secured Overnight Financing Rate (SOFR), a broad credit-risk measure that is a frontrunner to replace the London Interbank Offered Rate (LIBOR). The article addresses how SOFR is calculated, how it compares with LIBOR, and its advantages and disadvantages in loan transactions. These are important considerations in legacy deals and in new financings...

June 13, 2019

Special Considerations for Excess and Surplus Lines Brokers

By: Cynthia Borrelli and Michael J. Morris , Bressler Amery & Ross, P.C. This article addresses special considerations about surplus lines (SL) brokers like the surplus lines agent’s (SLA) license status, due diligence searches by agents of admitted marketplace prior to a SL placement, and broker disclosure of status of excess and surplus (E&S) insurers as unauthorized. Audit recordkeeping reports and...

April 21, 2019

Wellness Program Design and Compliance

By: Emily D. Zimmer and Lynne S. Wakefield , K&L Gates LLP EMPLOYER-SPONSORED WELLNESS PROGRAMS HAVE become increasingly common as employers attempt to control rising healthcare costs and improve employees’ overall health and productivity. Designing and operating a wellness program requires careful consideration of compliance obligations under a number of different laws including, but not limited to, the...

April 20, 2019

Association Health Plans

Brian W. Berglund and Sarah L. Bhagwandin , Bryan Cave Leighton Paisner LLP This article discusses the requirements for Association Health Plans (AHPs) under the Employee Retirement and Income Security Act of 1974 (ERISA) and describes how the final rule issued by the U.S. Department of Labor (DOL) may shape how you advise clients wishing to either establish a new AHP or reevaluate the operations of an existing AHP...

April 20, 2019

Wellness Programs Design and Implementation Checklist

These guidelines will assist you in implementing a wellness program that complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Patient Protection and Affordable Care Act of 2010 (ACA), the Americans with Disabilities Act of 1990 (ADA), the Genetic Information Nondiscrimination Act of 2009 (GINA), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the Employee Retirement...

April 20, 2019

Health Plan Provider Agreement Essentials Checklist

This checklist is designed for attorneys representing health plans who are asked to draft or review an agreement with healthcare providers who will be part of the plan’s provider network. It highlights key legal and business points for you to consider when preparing a provider agreement for use by a plan. Assemble Your Project Team . Identify someone at the health plan to connect you with appropriate stakeholders...

April 20, 2019

Health Plan Network Provider Agreement Essentials

By: Jason Brocks , Lexis Practice Advisor This article discusses provisions for agreements between health plans and doctors, dentists, and other healthcare professionals who provide healthcare services to plan members. It is intended as a guide for attorneys representing health plans who are asked to draft, review, or negotiate a provider agreement with providers who wish to participate in the health plan’s provider...