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Latest from Kelley Drye & Warren LLP

Chinese Vice Premier Liu He will visit Washington on January 30-31, in connection with further discussions to resolve the ongoing trade dispute between the U.S. and China. Vice Premier Liu is expected to meet with U.S. Trade Representative Robert Lighthizer and U.S. Treasury Secretary Steven Mnuchin. Liu is a key economic advisor to President Xi Jinping and is leading the Chinese delegation in talks with the United States. This next round of talks follows last…
Subscription plans that automatically renew at the end of a term are becoming more popular with companies. They’re also getting more scrutiny from regulators. As we’ve posted before, some states regulate how these plans can be structured, and there have been both lawsuits and regulatory investigations targeting companies that have failed to comply. This week, Washington, DC joined the crowd by enacting a new law governing automatic renewals. The law requires businesses that sell goods…
The 2018 Farm Bill legalized cultivation and processing of industrial hemp and various by-products.  One hemp-based derivative of considerable interest to manufacturers of personal care products, dietary supplements, cosmetics, and OTC drugs is cannabidiol (“CBD”).  As industry races to commercialize and advertise CBD, it’s important to understand the regulatory hurdles that remain.  Ad law partner, Kristi Wolff, addresses several common misunderstandings in an article recently published online in Nutritional Outlook. …
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On January 15, the European Union Intellectual Property Office (EUIPO) revoked McDonald’s registered trademark, “Big Mac.”   The name “Big Mac” had been protected in the EU for more than 20 years under international classes 29, 30, and 42 for foods, sandwiches, and services of franchise restaurants, respectively.  Trademarks, which provide legal protections for names, among other things, can be extremely valuable assets for businesses and protect consumers in their purchasing decisions.  The January 15 decision…
On January 16th, the Administrative Office of the U.S. Courts announced that it “now estimates that federal courts can sustain paid operations through Jan. 25, 2019” (extending its previous estimate by one week).  See https://www.uscourts.gov/judiciary-news See also Jan. 11, 2019 Trade and Manufacturing’s Blog entitled:  “Government shutdown closes in on the federal court system (including the trade courts)” available at: https://www.ustrademonitor.com/2019/01/government-shutdown-closes-in-on-the-federal-court-system-including-the-trade-courts/…
01/11/2019 – OSHA Trade Release – U.S. Department of Labor Provides Compliance Assistance Resources to Protect Workers from Falls 01/11/2019 – Region 6 OSHA News Release – U.S. Department of Labor Cites Dallas Utilities Contractor After Worker Suffers Fatal Gas Exposure 01/10/2019 – Region 5 OSHA News Release – U.S. Department of Labor Cites Utility Contractors Following Fatal Explosion in Wisconsin 01/10/2019 – Region 9 OSHA News Release – U.S. Department of Labor Cites U.S.…
This article was originally posted to Kelley Drye’s Labor Days Blog. This Advisory supplements our previous advisories dated January 2018, December 2016, December 2015 (as supplemented in January 2016), October 2014, October 2013, November 2012, November 2011, and October 2010, addressing requirements of the Affordable Care Act (“ACA”). Below is a summary of recent developments impacting health care reform, as well as other recent developments affecting…
This article was written by Lindsay A. DiSalvo, Dan C. Deacon, and Eric J. Conn, and originally posted on Conn Maciel Carey’s OSHA Defense Report. This is your yearly reminder about the important February 1st deadline to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses, for all U.S. employers, except those with ten or fewer employees or those whose NAICS code is in the set of…
Few issues in bankruptcy create as much contention as disputes regarding the right of setoff. This was recently highlighted by a decision in the chapter 11 case of Orexigen Therapeutics in the District of Delaware.  Judge Kevin Gross denied a motion to allow a “triangular” setoff, whereby a corporate parent sought to have an obligation that it owed to the debtor applied against a claim owed by the debtor to the parent’s subsidiary. (Kelley Drye…
Despite the partial government shutdown since December 22nd, the Supreme Court and lower federal courts have remained open by drawing on non-appropriated funds and court fees. Federal courts will be able to continue operating with their limited funds during the shutdown until January 18th, as reported on January 7th by the Administrative Office of the U.S. Courts (“Administrative Office”).  See https://www.uscourts.gov/judiciary-news.  This deadline is one week longer than its previous estimate.  To meet this…