California Legislature Working Feverishly To Avert Privacy Ballot Initiative We have previously reported a ballot initiative known as the California Consumer Privacy Act of 2018 (“CCPA”), that is expected to be on the November ballot.  If passed, it would make sweeping changes to consumer privacy protection rights for Californians, likely creating a new national standard.  View Full Post
USPTO Memo Addresses Eligibility of Method-of-Treatment Claims in View of Federal Circuit Decision In a memorandum dated June 7, 2018 (Memo), the U.S. Patent and Trademark Office (USPTO) set out new guidance concerning method-of-treatment claims, which should be welcome news for patentees. The memo addressed the decision by the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals Inc. View Full Post
Capitol Hill Healthcare Update HOUSE OKs DOZENS OF OPIOID-RELATED BILLS; MORE VOTES SCHEDULED The House last week approved 38 bills that lawmakers hope will stem the opioid epidemic, and it scheduled votes this week on at least a dozen more. Most bills were noncontroversial, and others thought to be contentious – like giving the Postal Service more tools to track foreign mail shipments into the United States – easily won House approval. View Full Post
OCR Announces Intention to Move Forward With Development of Methodology to Distribute Enforcement Funds to Victims of HIPAA Violations The Office for Civil Rights (OCR) updated its agenda, outlining proposed and final rules as well as pre-rule document releases for 2018. A notable, and highly anticipated, advance notice of proposed rulemaking included on the agenda indicates OCR will seek comments on establishing a way to distribute funds collected from Health Insurance Portability and Accountability Act (HIPAA) enforcement actions to individuals harmed by the underlying incident. View Full Post
The US Supreme Court’s Ruling in American Pipe Does Not Extend to Allow Tolling of Statutes of Limitation in Successive Class Actions In a unanimous decision, the Supreme Court has limited the reach of its landmark decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), which tolled the statute of limitations applicable to a timely filed putative class action such that if class certification was denied, members of the failed class could timely intervene as individual plaintiffs in the “still-pending action, shorn of its class character.” BakerHostetler’s class action defense team recently issued an alert regarding these implications. View Full Post
Although he is remembered as a Los Angeles Laker, Hall of Famer Kareem Abdul-Jabbar, as basketball trivia buffs know, actually began his NBA career on the Milwaukee Bucks. After turning down an offer to play for the Harlem Globetrotters, Abdul-Jabbar was drafted by the Bucks in 1969, where he won the MVP in his second season while leading the Bucks to their sole NBA championship in 1970. View Full Post
State Court Adoption of Comcast v. Behrend In Comcast v. Behrend, 569 U.S. 27 (2013), the United States Supreme Court clarified the requirements for establishing that classwide injury and damages predominate over individual issues for the purposes of FRCP 23(b)(3). In particular, where a party relies on a damages model to establish predominance, the model must be consistent with the theory of liability and “measure those damages attributable to that theory.” Id. View Full Post
Reminder: Beginning July 18, NYC Employers Are Required to Accommodate “Personal Events” Most New York City employers are probably familiar with the Fair Workweek Law that went into effect Jan. 1, 2018, but surely not all New York City employers are. That is likely because until now, that law applied only to fast-food restaurants and retail employers. View Full Post