DOJ’s Increased Focus on Environmental Criminal Cases 06.13.2016 | UPDATES Recently, John C. Cruden, DOJ’s Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ’s environmental litigation, voiced a heightened commitment to enforcing environmental laws through criminal prosecution. In the May-June 2016...
Indian Government Relaxes Restrictions on Foreign Direct Investment 06.20.2016 | UPDATES The Indian government announced on June 20, 2016 new rules for foreign direct investment (FDI), allowing for up to 100% FDI in certain sectors, including defense and civil aviation. The changes also relax the local sourcing requirements for single-brand retail companies with innovative technologies. Indian...
Six Key Consequences of the D.C. Circuit Upholding Net Neutrality 06.20.2016 | UPDATES On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC , the U.S. Court of Appeals for the District of Columbia Circuit held that the FCC acted within its statutory authority when it issued its 2015 Open...
FAA’s New Rules for Small Unmanned Aircraft 06.23.2016 | UPDATES Since the Federal Aviation Administration issued its proposed rules for small Unmanned Aircraft Systems (UAS) in February of 2015, the industry has been eagerly waiting to learn what the final rules will be. On Tuesday, June 21, 2016, that wait ended as the FAA announced its final rules for small UAS. Here is the...
Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act 06.23.2016 | UPDATES President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act (TSCA) and is the largest revision to existing environmental...
FCC Proposes Streamlining Foreign-Ownership Review Process 06.28.2016 | UPDATES For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy. Specifically, the “Team Telecom” review process engages United States...
New Labor “Persuader” Reporting Requirements, Status in Flux 06.30.2016 | UPDATES A federal judge in Texas has issued a nationwide injunction against the new labor “persuader” reporting requirements that were due to take effect on July 1, 2016. The ruling does not impact earlier employer reporting requirements, which remain in effect. Background The...
SEC Charges Private Fund Administrator with Gatekeeping Failures 06.30.2016 | UPDATES The Securities and Exchange Commission (SEC) announced two administrative settlements in June with a fund administrator that provided accounting and fund administration services to several private funds based on its alleged failure to heed red flags and correct faulty accounting by two private fund managers....
Ninth Circuit Rules Tribal Treaty Rights Obligate State to Ensure Harvestable Fish Are Available 07.05.2016 | UPDATES Last week, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat. United States v. State of Washington...
Recent Court Cases Interpreting “Reverse Payments” Post-Actavis 07.05.2016 | UPDATES Patent settlement agreements were traditionally deemed outside the purview of antitrust scrutiny unless the patent holder’s conduct fell outside the legitimate scope of the patent’s exclusionary power. This all changed when the Supreme Court rejected the scope of the...
Controversy Over Interior’s Trust Authority in Alaska Remains Unresolved 07.07.2016 | UPDATES A majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska tribes on the ground that the state’s...
Data Breach Incident Response: 5 Questions to Ask and New Laws to Know Now 07.11.2016 | UPDATES The spring legislative sessions this year brought a now-familiar round of revisions to data breach notification laws, with states broadening their laws in often divergent ways. This year, Illinois, Nebraska, and Tennessee passed revised laws, and laws passed by Nevada and Rhode Island last year are...
New Hope for Patent Owners: Supreme Court Eases the Path to Enhanced Damages CLIENT ALERT | June 14, 2016 Maia H. Harris | harrismh@pepperlaw.com Bradley T. Lennie | lennieb@pepperlaw.com UNDER THE NEW STANDARD, DISTRICT COURTS WILL HAVE CONSIDERABLY MORE DISCRETION TO FIND THAT AN ACCUSED INFRINGER ACTED WILLFULLY AND ENHANCE DAMAGES UP TO THREE TIMES THE AMOUNT OF...
Insight Center Capabilities POWER OF INTELLIGENCE About Us INSIGHT CENTER: PUBLICATIONS People Locations Diversity Pro Bono Careers BANKRUPTCY COURT DENIES NETFLIX EARLY STREAMING OF FILMS AUTHORS 6/16/2016 Francis J. Lawall Partner | 215.981.4481 Lesley S. Welwarth Associate | 248.359.7312 NEWS view all 7/12/2016 Jan P. Levine Quoted in The Legal Intelligencer Article, 'Judge...
High-Cost Lending at Risk Under CFPB Proposed Rules CLIENT ALERT | June 16, 2016 Richard P. Eckman | eckmanr@pepperlaw.com PJ Hoffman | hoffmanp@pepperlaw.com THE PROPOSED RULE RAISES TROUBLING ISSUES REGARDING THE IMPACT ON SOME TRADITIONAL BANK PRODUCTS AS WELL AS SOME MARKETPLACE LENDING PRODUCTS. The Consumer Financial Protection Bureau (CFPB or Bureau) released its...