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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.
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    FIRRMA Changes to the CFIUS Regime Begin to take Effect post image

    FIRRMA Changes to the CFIUS Regime Begin to take Effect

    Seeking to curtail the uncompensated taking of American intellectual property and business secrets, the U.S. Treasury has begun the process of implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The law, which President Donald Trump signed this summer, significantly changes the procedures used to conduct national security reviews of foreign investments in the United States.

    Author: Dan Brecher

    Link to post with title - "FIRRMA Changes to the CFIUS Regime Begin to take Effect"
    What you can learn from the SEC's annual enforcement report post image

    What you can learn from the SEC's annual enforcement report

    The Securities and Exchange Commission’s (SEC) enforcement division recently published its second annual report. Because it highlights where the Division of Enforcement is focusing its enforcement-related efforts, the report serves as a valuable compliance resource and should be mandatory reading material for professionals whose businesses fall under the SEC’s purview. 

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "What you can learn from the SEC's annual enforcement report"
    NJ Court Rules Employee Arbitration Agreement Can’t Bar Punitive Damages post image

    NJ Court Rules Employee Arbitration Agreement Can’t Bar Punitive Damages

    New Jersey employers can’t use arbitration agreements to bar punitive damages, according to the Appellate Division of the New Jersey Superior Court. In Roman v. Bergen Logistics, the appeals court held that barring punitive damages claims violates the public policy of the New Jersey Law Against Discrimination (LAD).

    Author: Joel N. Kreizman

    Link to post with title - "NJ Court Rules Employee Arbitration Agreement Can’t Bar Punitive Damages"
    Can the filing of an amended tax return result in the waiver of the attorney-client privilege between taxpayer and accountant? post image

    Can the filing of an amended tax return result in the waiver of the attorney-client privilege between taxpayer and accountant?

    U.S. v. Adams, 122 AFTR 2d ¶2018-5380, (DC MN 10/27/2018) Under United States v. Kovel, 296 F.2d 918, 921–22, 9 AFTR 2d 366 (2nd Cir. 1961) the attorney-client privilege applies to an individual’s communications with an accountant if the communications are “made in confidence for the purpose of obtaining legal advice from the lawyer”.  The party […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Can the filing of an amended tax return result in the waiver of the attorney-client privilege between taxpayer and accountant?"
    Federal Circuit Denies USPTO’s Recovery of Attorney Fees in §145 Actions post image

    Federal Circuit Denies USPTO’s Recovery of Attorney Fees in §145 Actions

    Challenging a decision by the U.S. Patent and Trademark Office (USPTO) just became less cost prohibitive, thanks to the Federal Circuit Court of Appeals. The court recently ruled in Nantkwest, Inc. v. Iancu that 35 U.S.C. § 145 does not require patent applicants to pay the USPTO’s attorneys’ fees when challenging a decision in district court.

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Federal Circuit Denies USPTO’s Recovery of Attorney Fees in §145 Actions"
    Should Environmental Rights Be Protected by the New Jersey Constitution? post image

    Should Environmental Rights Be Protected by the New Jersey Constitution?

    The Senate Environment and Energy Committee recently advanced a resolution that asks New Jersey voters to decide whether the State Constitution should be amended to recognize that every person has a right to a clean and healthy environment. While the controversial amendment aims to preserve the state’s natural resources, it could also make development in New Jersey more burdensome and expensive.

    Author: Daniel T. McKillop

    Link to post with title - "Should Environmental Rights Be Protected by the New Jersey Constitution?"
    When Are Executives Held Criminally Liable for Corporate Misconduct? post image

    When Are Executives Held Criminally Liable for Corporate Misconduct?

    Top executives can sometimes be held criminally responsible for their company’s misdeeds and the role they may have played in the corporate misconduct. Former Volkswagen CEO Martin Winterkorn is facing criminal charges, including conspiring to defraud customers, commit wire fraud, and violations of the Clean Air Act, in connection with his role in the automaker’s emissions scandal. The CEO of a Washington-based staffing company was recently arrested for an alleged H-1B visa fraud scheme.

    Author: Robert E. Levy

    Link to post with title - "When Are Executives Held Criminally Liable for Corporate Misconduct?"
    Federal Bill Clarifies Trademark Licensing by Franchises post image

    Federal Bill Clarifies Trademark Licensing by Franchises

    Franchise owners would get much-needed legal clarity under proposed trademark legislation. The Trademark Licensing Act of 2018 clarifies that the licensing of a trademark does not create an employment or principal-agent relationship.

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Federal Bill Clarifies Trademark Licensing by Franchises"
    Employers Must Use Updated Summary of Rights Under Fair Credit Reporting Act post image

    Employers Must Use Updated Summary of Rights Under Fair Credit Reporting Act

    New York and New Jersey employers that conduct background checks should be sure to update their forms. Effective September 21, 2018, the Consumer Financial Protection Bureau (CFPB) published an updated “Summary of Your Rights” form, which is required under the federal Fair Credit Reporting Act (FCRA).

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Employers Must Use Updated Summary of Rights Under Fair Credit Reporting Act"
    Supreme Court Rules Patent Owners Can Recover Foreign Lost Profits post image

    Supreme Court Rules Patent Owners Can Recover Foreign Lost Profits

    The U.S. Supreme Court recently handed patent owners a significant victory. In WesternGeco, LLC v. ION Geophysical Corp., the Court held that the Patent Act allows patent owner to recover for foreign lost profits. Accordingly, plaintiff WesternGeco was entitled to lost profits resulting from the export of infringing components of a patented system, which were assembled and sold outside of the United States.

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Supreme Court Rules Patent Owners Can Recover Foreign Lost Profits"

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