On May 8, Washington’s 1.2% surtax on “specified financial institutions” (banks with at least $1 billion a year in net revenue) was struck down by a King County Superior Court judge. Judge Marshall Ferguson ruled that the tax, which is
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Latest from McDermott Will & Emery - Page 10
COVID-19 Ate My Homework – Recent Extensions and Relief for Retirement Plans
In recognition of the difficulties faced by retirement plan sponsors, participants and beneficiaries due to the COVID-19 pandemic, new guidance extends the deadlines for notices and disclosures required by Title I of ERISA and extends deadlines for retirement plan participants…
Weekly IRS Roundup May 11 – May 15, 2020
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of May 11 – May 15, 2020. Additionally, for continuing updates on the tax impact of COVID-19, please visit our resource…
Taxes, Like Temperatures, Going Up: California COVID-19 Budget “Revenue Solutions”
Yesterday Governor Gavin Newsom turned to a familiar gambit from California’s playbook to help tackle the budgetary hole wrought by COVID-19. In January, the Governor proposed his budget for the 2020-2021 fiscal year, which projected a $5.6 billion surplus. Indeed,…
Five Takeaways: An In-Depth Look at the Federal Legislative Game Plan to Support Renewables
On Thursday May 14, McDermott was joined by Gregory Wetstone, president and chief executive officer of the American Council on Renewable Energy (ACORE) to discuss the latest market updates on the severe disruption and uncertainty brought on the renewables…
Trade Secret Misappropriators Fail to Launch in Rocket Facility
By David Mlaver
Addressing a variety of challenges to a judgment against defendants in a trade secret misappropriation action, the US Court of Appeals for the Third Circuit found that the plaintiff had standing on the basis of lawful possession (as opposed to…
The “Plotting” Thickens: Claims that Solve Known Problem with Known Methods Are Obvious
The US Court of Appeals for the Federal Circuit applied KSR and its obviousness progeny, finding that patent claims directed to location plotting were obvious under 35 USC § 103. Uber Techs., Inc. v. X One, Inc., Case No. 19-1164…
Don’t SULKA: Trademark Plaintiff Must Demonstrate Intent, Ability to Use Mark
By Sarah Bro
The US Court of Appeals for the Second Circuit affirmed the dismissal of a complaint seeking a declaration of trademark abandonment, finding that the plaintiff (the co-owner of an online business that sells to customers in India and Thailand) was…
For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation
The US Court of Appeals for the Eighth Circuit addressed the copyright protection afforded to an information database and whether comments made to a reporter while litigation was ongoing violated the disparagement clause in a separation agreement. Ultimately, the Court…
Bad Conduct During Litigation Means Attorneys’ Fees Against the Government, Regardless of Damage Amount
By Jodi Benassi
The US Court of Appeals for the Federal Circuit affirmed the US Court of Federal Claims attorneys’ fees award for patent infringement by the United States solely based on its actions during litigation. Hitkansut LLC, Acceledyne Technologies, LTD, LLC v.…