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Fifth Circuit vacates DOL conflict of interest fiduciary rule

The Fifth Circuit vacated the Department of Labor’s long-suffering conflict of interest rule (commonly referred to as the “fiduciary rule”), holding that the rule exceeds the scope of DOL’s regulatory authority.  The decision means that the expanded definition of fiduciary, ...

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Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision inAlice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under 35 U.S.C. § 101. Last month, however, ...

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Defending False Claims Act cases: Two new tools under the Trump Administration

Earlier this year, the Department of Justice, Civil Division, issued two policy memos that will directly affect its civil enforcement priorities, particularly with regard to healthcare and life sciences companies. The first memo, issued January 10, 2018, and publicly leaked ...

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House passes bill to lessen financial institutions’ capital requirements

On February 27, 2018, the U.S. House of Representatives passed H.R. 4296, which would reduce the operational capital requirements imposed on financial institutions.  The bill passed with a 245-169 vote.  As could be expected from such deregulatory legislation, only 19 ...

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Data security threats evolve

How much do you really worry anymore about a breach of your credit card? If your card is lost or your number is stolen, a thief might make a purchase or two before the fraud is detected and the card ...

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What U.S. employers need to know about the FY 2019 H-1B visa cap season

It’s the time of year when U.S. employers are preparing for the upcoming H-1B cap petition filing season. While it appeared that USCIS was considering revising the H-1B lottery process for this fiscal year by adding a new online pre-registration step, ...

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Budget agreement contains changes to 401(k) plan hardship distribution rules

The budget agreement approved by Congress and signed into law on February 9, 2018, includes several changes to the rules governing hardship distributions from 401(k) plans.  These changes — which were included in the House version of the tax reform ...

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New Hampshire’s opioid crisis continues to challenge employers

New Hampshire continues to have more than its fair share of problems related to opioid addiction. Business owners face challenges  previously unheard of, or at least unmentioned, in this small state. As employers continue to struggle to hire adequate numbers ...

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Top 10 issues in licensing technology from universities

Many successful products on the market today began as embryonic inventions in university research laboratories. Gene splicing, magnetic resonance imaging and atomic microscopy, for example, all had their beginnings in the university setting. Since the passage of the Bayh-Dole Act ...

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