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HTMLFDA Issues Draft Guidance for Regulation of LDTs
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 30th, 2014 the U.S. Food and Drug Administration published the draft guidance entitled ”Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs)” (“Guidance”). The publication of the draft Guidance is the next step in FDA’s implementation of...

 

HTMLERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act
Theodore T. Eidukas; Foley & Lardner LLP;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute “paid or unpaid leave of any...

 

HTMLNHTSA's September Scrutiny
Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
September was a difficult month for NHTSA. During one week alone, a New York Times article blasted NHTSA for failing to investigate a number of defects that later resulted in injuries and fatalities and, ultimately, recalls; the House Energy & Commerce Committee issued a scathing report...

 

HTMLOnly 28 Days Left to Submit Comments Regarding the CFPB’s Proposed Modifications to Home Mortgage Disclosure (Regulation C)
Yesenia Garcia Perez; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on Octobier 2, 2014
The Consumer Financial Protection Bureau (“CFPB”) has published for public comment, a proposed rule amending Regulation C to implement amendments to the Home Mortgage Disclosure Act (HMDA). The HMDA requires certain financial institutions to collect and report information in connection...

 

HTMLSEC Reverses Course and Awards Dodd-Frank Whistleblower $400,000
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 3, 2014
On July 31, 2014, the SEC awarded $400,000 to a whistleblower who had reported internally before providing information to the SEC. The award was unique because the SEC’s Claims Review Staff had denied the whistleblower’s claim on the grounds that the information provided had not been...

 

HTMLFederal Circuit Upholds Inequitable Conduct Post Therasense For Withheld Information
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
In American Calcar, Inc. v. American Honda Motor Co., the Federal Circuit upheld the district court’s finding that three Calcar patents are unenforceable due to inequitable conduct. Both courts reached this decision of inequitable conduct post Therasense despite the fact that the validity of...

 

HTMLRealizing the Potential of Telemedicine in China, Part 1: Protecting Your IP
Richard J. Ferris, Nathaniel M. Lacktman, Tianran Yan; Foley & Lardner LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
Telemedicine device manufacturers and software developers face different challenges related to IP protection when expanding into China, including when it comes to trade secret protection, IP asset registration, contracts, and due diligence.

 

HTMLAdviser’s Non Compliance With SEC Subpoena Settled by Court
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
The SEC’s subpoena powers under the Investment Advisers Act of 1940 were recently affirmed by a court over the objections of the owner and operator of a SEC registered investment advisory firm (see SEC v. Stilwell, 2014 BL252718, S.D.N.Y., 1:14-mc-257 (ALC), 9/11/14).

 

HTMLCost of Proposed User Fees by Registered Investment Advisers Further Discussed
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
As most of our readers are aware, there has been a proposal advocated by various parties, including certain members of Congress, that a funding source to pay for the increase of SEC examinations over registered investment advisers be provided by imposing user fees on registered advisers. You...

 

HTMLFailure to Disclose Conflict of Interest to Clients Results in SEC Enforcement Proceeding Against Registered Investment Adviser
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
The SEC has made it abundantly clear to registered investment advisers that failure to disclose conflicts of interest to clients will continue to be a basis for SEC enforcement action. A recent example is In the Matter of the Robare Group, Ltd., Mark L. Robare, and Jack L. Jones Jr. (Investment...

 


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