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The Complicated Relationship Between Tech Cos. And Patents
Morris, Manning & Martin, LLP, May 2019

Patents and technology companies are often intertwined. The story of the startup company patenting its groundbreaking technology is a well-known one. We see this often on the television show "Shark Tank," as investors such as Mark Cuban and Lori Greiner routinely ask whether the founders of a potential investment opportunity have filed for patent protection...

Turkish Steel Pipe Maker Challenges Anti-Dumping Duties
Morris, Manning & Martin, LLP, May 2019

Law360 (May 6, 2019, 7:15 PM EDT) -- A Turkish producer has filed a complaint with the U.S. Court of International Trade over the methodology the U.S. Department of Commerce used to calculate tariffs on its pipe imports, telling the court that Commerce went against its usual practice for determining when the pipes at issue were sold in the U.S. Borusan Mannesmann Boru Sanayi ve Ticaret AS on Friday told the CIT that Commerce’s decision to impose a dumping rate of 5...

China Trade War Has Hurt US Companies, Farmers, Consumers
Morris, Manning & Martin, LLP, February 2019

Notwithstanding the optics of a healthy U.S. economy, beneath the surface there are many U.S. companies and consumers that have become casualties of the “trade war” with China. The first salvo in this trade war was fired in January 2018, and was followed by additional shots later in 2018 as the United States imposed punishing tariffs that affect hundreds of billions of dollars of trade with China and the rest of the world...

U.S. Department of Labor Issues Proposed Rule on Association Health Plans
Morris, Manning & Martin, LLP, January 2019

On January 5, 2018, the U.S. Department of Labor (“DOL”) published a much-anticipated proposed rule that would make it easier for groups or associations of employers to band together to form association health plans (“AHPs”).[1]  The proposed rule comes in response to an executive order issued by the White House in October 2017 directing the DOL to consider issuing such a rule...

Gene Therapy Policies Can Strike An Ethical Balance
Morris, Manning & Martin, LLP, July 2018

On July 11, 2018, then-U.S. Food and Drug Administration Commissioner Scott Gottlieb made a public statement about the agency’s efforts to advance the development of gene therapies.[1] Gottlieb pointed out that the FDA has approved three separate gene therapy products and the agency has issued six scientific guidance documents intended to serve as building blocks of a modern, comprehensive framework for how the FDA can advance the field of gene therapy...

The Battle Over Mandatory Resort Fees
Morris, Manning & Martin, LLP, November 2017

  More hotels are imposing mandatory “resort fees” on their guests for amenities, and the amount of those fees is increasing at many of those hotels. Many consumers dislike these fees, even when they appreciate the value of the included amenities. A legal battle is underway over mandatory resort fees...

Three Ways Hotels Are Repositioning Unique Assets
Morris, Manning & Martin, LLP, July 2017

Celebrity chef restaurants, locally inspired food and beverage offerings, communal social spaces, and in-room and hotel-led fitness options–these trends represent a transformation of the traditional hotel model. Amenity preferences, particularly for authentic, one-of-a-kind social experiences, continue to segment the hospitality industry. Many of the large hotel chains have countered with a series of new boutique-style brands that cater to individuality of the customer and locale...

European Patent Office (EPO) to Enforce Dual Party Execution of Assignments
Morris, Manning & Martin, LLP, November 2016

Effective November 1st, new guidelines came into effect for patent applications before the European Patent Office (“EPO”). One significant change affects what the EPO will accept as evidence of transfer of ownership of a patent application, an assignment...

Notice By Biosimilar Maker To Biologic Originator Is Always Required
Morris, Manning & Martin, LLP, September 2016

The Court of Appeals for the Federal Circuit ("CAFC") issued an important ruling today in the ongoing evolution of biosimilar product regulation. In the ruling today, the CAFC in Amgen Inc., Amgen Manufacturing Limited v. Apotex Inc., Apotex Corp. (CAFC Case No. 2016-1308) affirmed the district court ruling and held that the commercial-marketing provision in 42 U.S.C...

What Brexit Means for Patents, Trademarks and Enforcement
Morris, Manning & Martin, LLP, June 2016

Brexit, the United Kingdom’s vote to leave the European Union, raises many questions and some are related to intellectual property issues. There are a few anticipated changes to IP rights due to Brexit. Here is a summary of some key issues, and what could happen next. Trademarks and Designs Proceduresfor treatment of EU trademarks will need to be an element of the negotiations for the UK in leaving the EU...

The Defend Trade Secrets Act
Morris, Manning & Martin, LLP, May 2016

 

Significant Proposed Changes to the Amount of Salary Required to be Exempt
Morris, Manning & Martin, LLP, August 2015

On July 6, 2015, in response to an executive order signed by President Obama, the U.S. Department of Labor (DOL) published a proposed rule that could significantly impact overtime regulations under the Fair Labor Standards Act (FLSA).  Among other changes, the proposed rule will increase the minimum salary threshold to qualify for the “white collar” exemptions to $50,440 per year, which could affect an estimated 4.6 million workers...

High Priority: A Federal Data Breach Notification Law
Morris, Manning & Martin, LLP, December 2014

Every day seems to bring word of a new data breach, and given the stakes of these breaches, it would be easy to assume that dealing with the damage they cause would be a top government priority. Unfortunately, a myriad of conflicting state laws, as well as the lack of one over-arching federal law, creates legal and compliance nightmares for companies that these breaches affect. For example, in late February and early March 2014, hackers successfully targeted eBay’s corporate network...

Healthcare Update: Client Alert
Morris, Manning & Martin, LLP, October 2014

On October 3, 2014 the Department of Health and Human Services, Office of Inspector General (“OIG”), released a proposed rule to add new safe harbors to the Anti-Kickback Statute (“AKS”) and to amend the definition of “remuneration” in the Civil Monetary Penalties (“CMP”) regulations.  The OIG additionally solicited comments on same which must be submitted no later than 5 pm EST on December 2, 2014...

Hassett's Objections: Delay That Confession: The Commencement of the Common Interest
Morris, Manning & Martin, LLP, August 2014

Loose lips sink ships.  They also can sink the protections of the attorney-client privilege.  A case in point is a recent decision from the Southern District of Florida.  Guarantee Insurance Co. v. Heffernan Insurance Brokers, Inc., Case No. 13-23881-CIV (S.D. Fla. June 13, 2014).  In that case, Guarantee Insurance had been sued for the alleged bad faith handling of a worker’s compensation insurance claim...

Letter From Washington - A Measured Approach Towards Captives is Needed "Sentence First, Verdict Afterwards" - The Queen of Hearts
Morris, Manning & Martin, LLP, August 2014

As noted in numerous recent publications, captives have been receiving an increased amount of regulatory attention, not just from the domicile states which regulate them, but, more significantly, from national or international bodies.  The NAIC Captives and Special Purpose Vehicles Working Group completed its examination of captives and now two captive related proposals are being considered at the NAIC...

Drafting Reinsurance Agreements: The Access to Records Clause
Morris, Manning & Martin, LLP, January 2013

The access to records clause, sometimes called the inspection or audit clause, is a common fixture in reinsurance agreements and serves an important function.  It enables the reinsurer to track the performance of the agreement and maintain an accurate view of the business ceded.  More specifically, it allows the reinsurer to ensure the cedent is complying with the terms and conditions of the agreement, including timely reporting of losses and calculation of premiums...

Recent Recalls Lead to Coverage Disputes and Policy Changes
Morris, Manning & Martin, LLP, November 2012

We are all too familiar with stories of contaminated food and drugs that sicken and even kill consumers.  Given the increasing number of product recalls and their enormous financial impact, it is not surprising the demand for recall insurance has increased exponentially in the middle market. Why has the number of recalls increased so dramatically?  The answer is twofold...

Recent Developments Affecting Hospices
Morris, Manning & Martin, LLP, November 2012

The rapid growth of the hospice industry has attracted the attention of Congress and federal and state healthcare regulatory and enforcement agencies.  The Patient Protection and Affordable Care Act (the “ACA”), signed into law by President Obama on March 23, 2010, included several provisions aimed at hospice providers...

Ninth Circuit Rules that a Policy-Limit Demand is not a Condition to Bad Faith Liability in Third-Party Claims
Morris, Manning & Martin, LLP, November 2012

Insurers are well aware of the typical bad faith scenario in third-party claims. Counsel for a claimant sends a demand for policy limits to the insurer in the hope that the insurer does not accept within a time limit specified in the demand...

Back to Basics: Required Elements of an MGA Agreement
Morris, Manning & Martin, LLP, August 2012

Managing General Agent (“MGA”) Agreements are unique and can be exceedingly complex. They often include detailed underwriting guidelines and strict limits on an MGA’s authority. After all, an MGA is authorized to bind an insurer on substantial risks often with little direct supervision by the insurer. While no two MGA Agreements are the same, all must incorporate certain required provisions. The NAIC has promulgated the Managing General Agents’ Act (NAIC Model No...

Obama Budget Plan Proposes 29% Increase in Renewable Energy Funding
Morris, Manning & Martin, LLP, February 2012

President Obama has renewed his proposal to cut over $40 billion in tax breaks for oil, gas and coal producers over the next decade in an attempt to spend more for alternate energy and conservation. The $3.8 trillion budget proposal represents a 29% increase in renewable energy funds in 2013, as compared to 2012...

Client Alert: Tax Implications of the Education Jobs & Medicaid Assistance Act
Morris, Manning & Martin, LLP, August 2010

If you are a U.S. business with international operations, here are four questions you should consider: Does your company have more than two foreign subsidiaries, at least one of which is profitable? Do you have a profitable foreign subsidiary that guarantees any U.S. debt? Are you considering the purchase of a company located outside the U.S.? Does your U.S...

U.S. Supreme Court Issues Key Ruling on "Processes" as Patentable Subject Matter Business methods, computer software, and medical method patents not to be categorically rejected
Morris, Manning & Martin, LLP, June 2010

The U.S. Supreme Court today (June 28, 2010) handed down its highly-anticipated opinion in the case of Bilski v. Kappos, Case No. 08-964.  The Supreme Court affirmed the decision of the Court of Appeals for the Federal Circuit and held that the subject matter of Mr. Bilski’s patent application was not patentable subject matter. However, in ruling against Mr...

 

 

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