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Latest documents
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Desktop Reference for Foreign Private Issuers With FYE 31 - March 2024
This Latham resource allows FPIs with a 31 March fiscal year-end to stay abreast of key SEC filing dates and financial staleness deadlines.
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In re Cellect Poses an Obvious Dilemma
In August 2023, the Federal Circuit in In re Cellect held that in evaluating unpatentability for obviousness-type double patenting (ODP) of a patent that has received patent term adjustment (PTA), the relevant date is the reference patent’s expiration date after PTA is added. 2 Cellect promptly filed a petition for rehearing en banc. A flood of amicus briefs in support of a rehearing ensued, filed by key players in the pharmaceutical industry including AbbVie, Merck, Novartis, AstraZeneca, and Johnson & Johnson, among others. Although the petition was ultimately denied, this case has ongoing implications. These implications, together with additional cases that may yet be impactful, are summarized here. Originally published in the Spring 2024 edition of Chemical Practice Chronicles.
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Unions for College Athletes – Some Food for Thought
The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to the School. On February 5, 2024, the Regional Director of the NLRB ruled that these students are employees and have the right to demand recognition and to bargain as a group over their scholarship and related arrangements with the College. The basis for this decision was that players perform a service for compensation under the control of the School.
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Uniform Trust Code (UTC) and Uniform Voidable Transactions Act (UVTA) could be better coordinated in the Domestic Asset Protection Trust (DAPT) space
In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very institution of the trust being a creature not of the legislature but of the judiciary. See https://www.jdsupra.com/legalnews/to-parse-or-not-to-parse-the-uniform-tru-28235/. Nor is it particularly helpful that trust-law partial codifications in general tend to have limited shelf lives. See my Sept. 24, 2023 JDSUPRA posting https://www.jdsupra.com/legalnews/the-limited-shelflives-of-such-trust-la-46283/. In Chapter 1 of Loring and Rounds: A Trustee’s Handbook (2024) we explain how trust-law partial codifications have perversely become instruments of doctrinal disuniformity. For the relevant portions of the chapter, see appendix below. In this posting, I consider the confusion being engendered by the absence of adequate textual coordination between the UTC and another codification, namely the UVTA. Specifically, UTC § 403 and UVTA §§ 4 & 10 are in apparent conflict.
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U.S. Sanctions Update - April 2024
This handy one-pager is designed to be used by our clients to provide a quick reference guide for the complex topics of trade sanctions and export control regulations. The goal is to briefly summarize key points for each program. This document can be especially useful for non-lawyers and non-compliance officers. Some of our clients distribute the document to the sales and operations teams, or hang it with other legal and compliance material somewhere in the office. Many front-line employees need to know enough about sanctions to identify red flags and then engage legal and compliance as needed. We’ve unfortunately seen unwitting violations due to a lack of education or a lack of reference materials.
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June 5 EVENT | Foreign Funds Investing or Operating in the United States – Key Tax, Regulatory, and Immigration Updates
Please join GT Shareholders Kate Kalmykov, Erez Tucner, and Cynthia Marian for the next lunch-and-learn. The program will discuss: U.S. Tax Considerations Key U.S. tax considerations for foreign funds investing or operating in the United States Key relevant U.S. tax updates U.S. Regulatory Considerations Key U.S. regulatory considerations for foreign funds investing or operating in...
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June 5 EVENT | Foreign Funds Investing or Operating in the United States – Key Tax, Regulatory, and Immigration Updates
Please join GT Shareholders Kate Kalmykov, Erez Tucner, and Cynthia Marian for the next lunch-and-learn. The program will discuss: U.S. Tax Considerations Key U.S. tax considerations for foreign funds investing or operating in the United States Key relevant U.S. tax updates U.S. Regulatory Considerations Key U.S. regulatory considerations for foreign funds investing or operating in...
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10 Best Practices for Granting Global Equity Awards | Bullish Guidance for US Multinationals
US legislators and regulators are unleashing new compliance requirements for global equity programs at a dizzying pace and many companies are struggling to keep up. Global equity programs remain essential to compete for and retain top talent, but are also quite complex to structure and manage due to rapidly shifting laws and regulations around the...
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Vinh Ho named Houston Bar Association’s new executive director
Houston attorney Vinh Ho was named the Houston Bar Association’s new executive director effective May 13, the HBA announced in a press release. Ho has over 16 years of experience in immigration and family law, civil matters, and nonprofit leadership. He will succeed current Executive Director Mindy G. Davidson, who will retire later this year...
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How to Steady the Ship When the NLRB’s Expansive Protections Rock the Boat (Video Chat)
2023 was a landmark year for labor in the US, and 2024 is on track to keep up. Last year, the NLRB’s General Counsel was relentless in overturning precedential decisions and standards impacting both unionized and non-unionized employers. The result was an overall employee-friendly shift to labor laws encouraging both unionization and concerted employee actions...