Dorsey & Whitney LLP (JD Supra United States)

3406 results for Dorsey & Whitney LLP (JD Supra United States)

  • Paper Source Bankruptcy Offers Lessons for Vendors Playing Their Cards

    On March 2, 2021, stationery and gift retailer Paper Source filed for chapter 11 bankruptcy, stating in court filings that effects of the COVID-19 pandemic damaged its finances and operations. Paper Source stated that in bankruptcy, it sought to sell its assets, reevaluate and renegotiate leases, and continue operations, while minimizing adverse impact on trade partners and other stakeholders.

  • OIG Advisory Opinion No. 21-02 Provides Helpful Insights into Risk Mitigation Factors Regarding Health System-, Physician-, and Management Company-Owned Ambulatory Surgery Centers

    On April 26, 2021, the Department of Health and Human Services Office of Inspector General (“OIG”) issued favorable Advisory Opinion No. 21-02 regarding a proposed investment in an ambulatory surgery center (“ASC”) by a health system, orthopedic surgeon and neurosurgeon employees of the health system, and a management company. This latest Advisory Opinion is notable because it is the first time...

  • The Supreme Court - June 7, 2021

    Today, the Supreme Court of the United States issued the following decision: Sanchez v. Mayorkas, No. 20-315: The immigration laws provide a path under 8 U.S.C. §1255 for a “nonimmigrant” - a foreign national lawfully present in the United States on a designated, temporary basis - to obtain an “[a]djustment of status” to become a lawful permanent resident (“LPR”).

  • Coronavirus Lawsuits More Than Double In 2021; Those Against Healthcare Providers Steadily Increase

    Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have been aimed at employers in the healthcare sector and relate to workplace safety, retaliation, and wrongful termination or wrongful denial of leave.

  • U.S. Reimposes Economic Sanctions On Military Regime in Burma

    Effective June 1, 2021, the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”) published new Burmese Sanctions Regulations (“BSR”) that implement President Biden’s February 10, 2021, Executive Order 14014 (“E.O. 14014”), which was issued in response to a coup by the Burmese military to overthrow the country’s democratically elected civilian government. The coup leaders...

  • Biden Describes Combating Corruption as National Security Priority, Orders Interagency Review to Bolster Anti-Corruption Tools including Private Sector Partnerships

    On June 3, 2021, President Biden issued his first National Security Study Memorandum, announcing that “countering corruption [is] a core United States national security interest.” It describes corruption as a threat to our “national security, economic equity, global anti-poverty and development efforts, and democracy itself.”

  • The New York Hero Act, Effective this Week, Mandates Permanent New Health and Safety Measures for Private Employers

    The New York Health and Essential Rights Act (“Hero Act” or “Act”), which requires every private employer, regardless of size, to establish an infectious disease safety plan, goes into effect today, June 4, 2021.  The Hero Act amends the New York Labor Law by establishing new health and safety protections to reduce the risk of airborne infectious diseases, including COVID-19, in the workplace.

  • The Supreme Court - June 3, 2021

    Van Buren v. United States, No. 19-783: Petitioner Nathan Van Buren, when he was a police sergeant, had access to search the state law enforcement computer data base, and was authorized by his department’s policy to do so only for law enforcement purposes. Van Buren, however, in exchange for money, ran a license-plate search in the database that was requested by an acquaintance.

  • No Vaccine Passports in Iowa

    One of the last pieces of legislation the Iowa legislature sent to Governor Kim Reynolds’ desk for assured signature was a bill banning vaccine passports in Iowa. House File 889 contains several prohibitions regarding inquiries into a person’s COVID-19 vaccine.

  • The Supreme Court - June 1, 2021

    Today, the Supreme Court of the United States issued the following two decisions: United States v. Cooley, No. 19-1414: When a tribal officer saw a truck parked on the side of a public highway within the Crow Reservation, he stopped, believing the occupants might need assistance.

  • The Supreme Court - May 27, 2021

    Today, the Supreme Court of the United States issued the following decision: San Antonio v. Hotels.com, L.P., No. 20-334: Although the general rule in litigation is that each side bears its own attorney’s fees, certain costs other than attorney’s fees are recoverable to the prevailing party on appeal under Federal Rule of Appellate Procedure 39.

  • President Biden’s Made in America Tax Plan Would Treat More Cross-border Transactions as Inversion Transactions

    Generally, an “inversion” is a transaction in which a non-U.S. corporation directly or indirectly acquires substantially all of the properties held by a U.S. corporation or partnership, after which the former owners of that U.S. corporation or partnership are in control of the acquiring non-U.S. corporation. Inversion transactions can take many different forms.

  • Crypto, Tech and Slow Evolution Forward

    Crypto currency continues to be debated - some believe in it; others do not. The decision by the founder of Tesla to exit the market recently seems to have added a new element, however. Now the question is if crypto is energy efficient.

  • (Updated) Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

    Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach of a non-disclosure agreement. While the Court remanded for a trial on patent infringement and damages on the patent infringement claim, it dismissed the trade secret...

  • UGG, Is it Finally Over?

    A long-running battle between Deckers Outdoor Corp., the makers of UGG boots, and Australian Leather PTY Ltd. may finally be over after a May 7 ruling by the United States Court of Appeals for the Federal Circuit. The battle began in 2016 in the Northern District of Illinois when Deckers sued Australian Leather for trademark infringement based on its sale of boots in the U.S. bearing Deckers’ UGG

  • The Supreme Court - May 24, 2021

    Today, the Supreme Court of the United States issued the following two decisions: Guam v. United States, No. 20-382: The Territory of Guam and the United States have been involved in a long-running dispute over clean-up-related costs regarding the Ordot Dump, which was first constructed and used by the Navy, and later ceded to Guam which used the dump as a public landfill.

  • The Great Reopening: Considerations for Employers as Employees Begin to Travel and Return to the Office

    The COVID-19 global pandemic has been an unprecedented challenge for U.S. employers over the past 12+ months. Among other things, pandemic-containment policies and best practices limited business and personal travel. 

  • Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

    Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach of a non-disclosure agreement. While the Court remanded for a trial on patent infringement and damages on the patent infringement claim, it dismissed the trade secret...

  • Is a Proper Audit Possible of China Operations?

    The Public Company Accounting Oversight Board published a proposed rule designed to create a framework for determinations to be made under the Holding Foreign Companies Accountable Act passed last year (HFCAA). That Act amends the Sarbanes-Oxley Act of 2002 or SOX which mandates that the PCAOB conduct inspections of registered accounting firms that audit companies whose shares are traded in the...

  • Northern District of Texas Refuses to Enforce Purported Pre-Filing Qui Tam Claim Release on Public Policy Grounds

    On April 30, 2021, a Northern District of Texas judge denied a motion to dismiss an FCA qui tam action alleging “a fraudulent scheme to obtain Government subcontracting opportunities reserved for eligible small businesses under the Small Business Act.” United States ex rel. Haight v. RRSA (Commer. Div), LLC, 3:16-CV-1975-S, 2021 U.S. Dist. LEXIS 82894, at *1-4 (N.D. Tex. Apr. 30, 2021).

  • The Supreme Court - May 17, 2021

    Today, the Supreme Court of the United States issued the following four decisions: BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to State court is not reviewable on appeal, with an exception for remand orders issued pursuant to the federal officer removal statute at 28 U.S.C. §1442, or the civil rights...

  • Saying Goodbye to Mask Mandates - Practical Tips for Employers

    On May 13, 2021, the U.S. Centers for Disease Control and Prevention (“CDC”) revised its COVID-19 guidance to reflect that “fully vaccinated” individuals no longer need to wear masks, whether indoors or outdoors, except in limited circumstances (such as on a plane). Following suit, on May 14, 2021, Minnesota Governor Tim Walz officially ended the state’s mask mandate.

  • Vaccine Status is a Protected Trait in Montana

    On May 7, 2021, Governor Greg Gianforte signed House Bill 702, which prohibits discrimination based on vaccination status or possession of an immunity passport. Specifically, the Act makes it unlawful for employers to refuse employment or discriminate against a person in terms or conditions of employment based on their vaccine status.

  • Even After a Supreme Court Win, Romag Fasteners Can’t Get a Big Jury Verdict to Stick

    Trademark law aficianados have followed the progress of Romag Fasteners v. Fossil from District Court to the Federal Circuit to the Supreme Court and back again. We previously blogged about the Supreme Court decision here. In the latest installment, the Connecticut District Court refused to enter a $6.7 million advisory jury award, instead awarding a mere $90,000 to Romag Fasteners for this multi-

  • Minnesota Governor Tim Walz Issues Executive Order Loosening COVID-19 Restrictions Tomorrow (May 7), Revoking Nearly All Restrictions On May 28, and Ending the Mask Mandate (Including Indoors) No Later Than July 1

    This morning (on May 6, 2021), Minnesota Governor Tim Walz issued Emergency Executive Order 21-21, which adopts a three-phase plan to relax or eliminate nearly all COVID-19 restrictions on businesses and social gatherings by May 28, and end the mask mandate no later than July 1 (and possibly sooner). Today’s Executive Order amends or rescinds 24 previous emergency executive orders.

  • Stark Regulatory Changes Effective January 1, 2022 Require Modifying Certain Group Practice Compensation Methodologies

    On January 1, 2022, changes to the federal physician self-referral law (“Stark Law” or “Stark”) group practice definition special compensation rule go into effect.  Among other things, these changes revise the rule related to overall profits to prohibit pooling and distributing profits from designated health services (“DHS”) on a service-by-service basis, which is sometimes referred to as “split...

  • The Supreme Court - April 29, 2021

    Niz-Chavez v. Garland, No. 19-863: Congress has given the Attorney General discretion to allow qualifying nonpermanent resident aliens ordered to be removed from the United States, to instead remain in the country. One of the requirements a nonpermanent resident must meet is showing that they have been continuously present in the United States for at least 10 years.

  • District of New Jersey Rules Prescription Drug Events Tainted By Alleged Kickback Schemes Constitute False Claims

    A federal judge recently ruled that submission of electronic data to the government can, under appropriate circumstances, give rise to liability under the False Claims Act. In U.S. ex rel. Marc Silver et al. v. Omnicare Inc. et al., 1:11-cv-01326 (D.N.J. Apr. 13, 2021), U.S. District Court Judge Noel C. Hillman granted a relator’s motion to amend his complaint to assert FCA claims premised on the

  • Nintendo Commences Legal Battle Against Real World Bowser

    Any fan of Nintendo games and consoles can tell you that the company’s most iconic virtual villain is King Bowser Koopa, generally referred to as simply “Bowser.” In a strange instance of life imitating art, Nintendo filed a copyright infringement complaint on April 16, 2021, against a real-life Bowser—i.e., Gary Bowser.

  • EEOC Announces Opening of 2019 and 2020 EEO-1 Component 1 Reports

    This week, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched its online filing system for EEO-1 Component 1 Reports. The filing deadline is July 19, 2021.

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