Legal Articles: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

 







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HTMLFDA Finally Decides that “Evaporated Cane Juice” Is Misleading Consumers
Richard Maidman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on June 2, 2016
Evaporated cane juice, a term usually used to inform about sweeteners derived from the fluid extract of sugar cane, is present on the ingredient lists of many products we see on grocery store shelves. However, newly finalized FDA guidance on use of the term “evaporated cane juice”...

 

HTMLUSCIS Guidance on “Same or a Similar” Occupation for AC21 Welcomed
Susan J. Cohen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on March 28, 2016
In a welcome move, on March 18, 2016 U.S. Citizenship and Immigration Services (USCIS) released policy guidance for its officers to help them decide “green card portability” cases.

 

HTMLHold on to Your (Fiduciary) Hats: the Countdown to Compliance with the Department of Labor’s Final Fiduciary Rules Begins
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 11, 2016
After six years in the hopper, the Department of Labor finally issued final fiduciary regulations late last week that will greatly impact a wide variety of stakeholders. The Employee Retirement Income Security Act (ERISA) governs fiduciary conduct and establishes rules that bar certain...

 

HTMLHospitals Settle DOJ Suit Alleging Illegal Division of Marketing Territories
Dionne C. Lomax, Farrah Short; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 18, 2016
Two West Virginia hospital systems settled a lawsuit filed yesterday by the Department of Justice (“DOJ” or “Department”) alleging that they agreed to allocate territories for marketing health care services in violation of Section 1 of the Sherman Act. The DOJ alleged that...

 

HTMLNew STEM OPT Extension Rules: Critical Takeaways, Part 2
Susan J. Cohen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 21, 2016
Even if you have not yet completed a thesis or dissertation requirement, you may still apply for a STEM OPT extension, as long as you have completed all other requirements for your degree.

 

HTMLSame-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers as Independent Contractors
Gauri P. Punjabi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 20, 2016
Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts Independent Contractor Statute, M.G.L. c. 149, Section 148B, to couriers...

 

HTMLDon’t Neglect Your Business Associate Agreements!
Dianne J. Bourque, Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on March 17, 2016
As we have repeatedly emphasized on this blog, HIPAA Covered Entities must ensure that they have compliant business associate agreements (“BAAs”) in place with all of their business associates and must ensure that they have performed a comprehensive risk assessment. A $1.55 million...

 

HTMLBetween a Rock and a Hard Place: Federal Circuit Says Its Required to Accord the PTAB Deference Until Instructed Otherwise by SCOTUS or Congress
Brad Michael Scheller, Andy X. Yu; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 27, 2016
On Tuesday, April 26, 2016, the Federal Circuit issued an order denying a petition filed by Merck & Cie for rehearing en banc of an Inter Partes Review (“IPR”) final written decision by the Patent Trial and Appeal Board holding several Merck patents invalid as obvious. Merck &...

 

HTMLA New Hope for Software Patents?
Ping Hu, Michael J. McNamara; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on June 2, 2016
Software patents have been facing intense scrutiny under 35 U.S.C. § 101 for subject matter eligibility since the U.S. Supreme Court’s Alice v. CLS Bank decision in 2014. In the last two years, the patent ecosystem (including USPTO examiners, PTAB, U.S. district courts, and the Federal...

 

HTMLCalifornia Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products
Samantha Duplantis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 27, 2016
Slack Fill Protein PowderAccording to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s purchasing decision is “heavily...

 


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