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Employment Arbitration: Trends, Developments & Best Practices
In May 2018, the United States Supreme Court issued an opinion upholding the validity of class-action waivers in employee arbitration agreements. Significant media coverage of that opinion has led many employers to evaluate whether to require employees to arbitrate employment-related...
Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings
On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board (PTAB) in AIA proceedings...
Music Modernization Act Heads to Oval Office
The Music Modernization Act (MMA) is headed to the President's desk for signature following unanimous approval from the House of Representatives and the Senate. The bill, now called the "Orrin G. Hatch Music Modernization Act" ( H.R. 1551 ), provides...
Steel and Aluminum Tariffs: Time to Dust Off the Price Adjustment Clause?
The continued and controversial imposition of tariffs has not only resulted in global economic and political fallout but has also adversely affected contractual relationships for suppliers, manufacturers, contractors and project owners far downstream from the government. Whether you are the...
What Will GDPR Mean for Domain Name Enforcement?
Bracewell's Annie Allison shares how the post-GDPR era impacts domain name enforcement.
How Can You Protect Your Brand Online?
Bracewell's Annie Allison shares the crucial steps that companies must take to protect their brand on cyberspace.
Are URS and UDRP Complaints Valuable Post-GDPR?
In a post-GDPR world, it’s really important not to underestimate the value of UDRP (Uniform Dispute Resolution Policy) and URS (Uniform Rapid Suspension System) complaints. They are still going to be valuable and useful when you are pursuing domain name...
What the AT&T/Time Warner Decision Means for Antitrust Enforcement
On June 12, 2018, after a six-week trial, U.S. District Court Judge Richard Leon denied the U.S. Department of Justice’s request to block AT&T Inc.’s $85 billion acquisition of Time Warner Inc., one of the most high-profile merger challenges in...
The First Day of the Rest of Our Lives? GDPR Activist Complaints Allege Shortcomings and Seek Maximum Penalties
This is not an email about what the General Data Protection Regulation (GDPR) is. We assume you've received dozens of those recently (including from us) . As those emails promised, GDPR Day 1 finally came. And it began with a...
FTC Warns That Money Doesn't Have to Change Hands to Trigger HSR Filing
In a recent blog posting , the Federal Trade Commission (FTC) issued an important reminder that companies and individuals may have reportable transactions under the Hart-Scott Rodino (HSR) Act even if no payment changes hands. This highlights the need for...
The Trump Effect on M&A Webinar
Dan Hemli and Josh Zive discussed recent developments in antitrust and foreign investment review of M&A transactions and the practical implications for companies doing deals today under the current Administration.
House Unanimously Passes Music Modernization Act – Paves the Way for Major Updates to Digital Music Royalty Ecosystem
A major upgrade for music copyright and licensing laws is one step closer to reality with the U.S. House of Representative's unanimous passage of HR 5447 , dubbed the Music Modernization Act ("MMA"), which is aimed at revolutionizing the way...
Partes On! Survival of Inter Partes Review May Signal an SOS for Parties Entering the Uncharted Waters of Inter Partes Review in the Post-SAS World
The Supreme Court issued decisions in the cases of Oil States v. Greene’s Energy and SAS v. Iancu , addressing the constitutionality of inter partes review (“IPR”) and determining whether the Patent Trial and Appeal Board (“PTAB”) must decide the...
Treasury and IRS Issue Guidance Concerning Carried Interests Held Through S-Corporations
On March 1, 2018, the Treasury Department and the IRS issued an advanced version of Notice 2018-18, stating that forthcoming Treasury regulations would provide that applicable partnership interests, commonly referred to as carried interests, held by S-corporations will be subject...
Who Is Watching The Watchmen?: CFTC Penalizes Registrant For Outsourced IT Security Lapses
On February 12, 2018, the Commodity Futures Trading Commission (CFTC) settled charges against AMP Global Clearing LLC (AMP), a futures commission merchant (FCM), for the company’s failure to adequately supervise one of its IT providers, which led to the unauthorized...