Welcome back to the LexBlog Top 10 in Law Blogs, where we compile our favorite and most relevant posts from the week. Highlights include: Adam Faderewski, associate editor of the Texas Bar Journal, reviewed the “Persistence of Patent Trolls in Tech” panel at SXSW in Austin; Phillip Thomas of the Mississippi Litigation Review shares his advice to those thinking about attending law school; and lastly, Martha Engel, shareholder at Winthrop & Weinstine, talks trademarks amidst the start of March Madness.  View Full Post
On March 13, 2018, the IRS announced its first substantive Large Business and International Division (“LB&I”) compliance campaigns focused on partnerships and their partners. Although in January 2017, the IRS announced its intent to conduct a “TEFRA Linkage Plan Strategy Campaign” geared toward new procedures and techniques for assessing tax on partners after TEFRA-audits, its other 23 campaigns announced in 2017 were largely industry-specific campaigns, focused on discrete transactions, or focused on other kinds of taxpayers, such as individuals and foreign corporations. View Full Post
Recent news that Facebook has suspended research firm Cambridge Analytica for improperly collecting users’ personal data without their knowledge may not constitute a classic “data breach,” but it poses real risks for the popular social media platform. Fox Rothschild Partner Scott Vernick, founder of the firm’s Privacy & Data Security Practice, discussed the implications for Facebook, and the next steps the company should take, in an interview with the TD Ameritrade Network. View Full Post
On Monday, President Trump delivered an opioid speech in New Hampshire in which he promised to get tough on opioid investigation and enforcement. This follows on the Department of Justice’s (“DOJ”) prior assertion that it will strengthen its efforts against pharmaceutical industry members. View Full Post
President Trump’s proposed 25% steel tariffs will obviously affect industries beyond the domestic steel producers. One of those industries is the oil and gas industry. From first producers to pipeline companies to liquefied natural gas (LNG) transporters, steel is an essential material for the necessary infrastructure. View Full Post
Seventh Circuit Rule 30(a) requires an appellant to “append to [its] opening brief[] the judgment under review and its adjoining findings of fact and conclusions of law.” Rule 30(b) further requires an appellant to include any other opinions or orders that bear on the issues on appeal, and subparagraph (d) requires an appellant to certify that it has met the requirements of the rule. View Full Post
On February 21, the Securities and Exchange Commission (SEC) published interpretive guidance to assist public companies in preparing disclosures about cybersecurity risks and incidents. The Commission’s release follows shorter cybersecurity “disclosure guidance” issued in 2011 by the staff of the SEC’s Division of Corporation Finance. View Full Post
This week’s episode covers tariff news, bid protest news, and bridge contract news, and is hosted by partner David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory… View Full Post
For more than a decade, the Chinese government has been working to push the Chinese manufacturing sector up the value chain. More recently, the push from the central government has become more formalized, resulting in the 2015 issuance of the State Council manufacturing modernization manifesto: Made in China 2025《中国制造2025》(State Council, July 7, 2015). View Full Post
How can majority business owners legally rid themselves of a problematic minority owner? Not by transferring the business’s assets to another entity for no consideration. That was the conclusion of Manhattan Commercial Division Justice Shirley Werner Kornreich last month in a lawsuit over a minority shareholder’s stake in Bareburger, Inc., owner of its namesake restaurant chain. View Full Post
If you’ve been following the news lately you’ve probably noticed that that the Trump administration, along with the U.S. Department of Justice (DOJ), have not exactly been getting along with the state of California. Just last week the Department of Justice filed a lawsuit against the Golden State, claiming that three of its laws interfere with the federal government’s authority to regulate the country’s immigration system. View Full Post
It happened again, last week.  An employer was sued. Wait, what’s that? A new lawsuit gets filed EVERY day against employers?  (Actually, in federal court, at least 11885 employment lawsuits were filed in 2017. Far more than one a day.) But last week, there were a bunch of headlines – a new sexual harassment lawsuit filed against a major Connecticut employer. View Full Post
Serial IPR petitions directed to previously-challenged patents account for many of the petitions filed with the PTAB; however, 35 U.S.C. § 325(d) provides the Board with discretion to reject petitions where the same, or substantially the same, prior art or arguments have already been presented to the USPTO.  View Full Post
Why is China Relevant for International Companies? China will be too big for international autonomous car suppliers and service providers to ignore. Biggest automotive market, continued strong growth, right infrastructure, ability for government to implement, early adopter consumers, popularity of car sharing and sharing economy, new and innovative companies on the rise all point to China being pivotal to the development of autonomous cars. View Full Post
When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. I once described these procedural obstacles as resembling Alice’s trip through Wonderland, with the parties falling in and out of state and then federal court (instead of a rabbit hole) based on procedural and substantive rules that often seem as logical as the Mad Hatter’s recitals at the Tea Party. View Full Post