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Articles by Fish LLP
Fannie Mae and Freddie Mac Make Clear: No Lump Sum Payment Requirement for Borrowers in COVID-19 Forbearance | Ballard Spahr LLP - JDSupra
Real Estate - Residential Pennsylvania Evictions to Begin in May by Steven Williams | Cohen Seglias Pallas Greenhall & Furman PC Coronavirus/COVID-19, Eviction, Landlords California Superior Court's Application of SB 35 to Los Altos Development Project Provides Encouragement to Housing Proponents by Christopher Rheinheimer, Cole Benbow, Kristina Lawson | Hanson Bridgett LLP Community Development, Real Estate Development Stoel Rives Updated Guide to Washington State Eviction Moratoria and...
Providing Charitable Hardship Payments to Employees During COVID-19 | Lexology
COVID-19 is presenting novel challenges for employers across the globe. Last week, we issued a general advisory that provides guidance to employers on how to navigate these challenges. One issue facing employers is how to manage and lessen the hardships that employees and their family members are dealing with as a result of the virus. On March 13, President Trump declared the COVID-19 pandemic a national emergency that warrants assistance by the federal government.
OMB and EEOC Announce Stay on Employer Use of New EEO-1 Report
Employers and federal contractors required to file the EEO-1 Report are likely to be relieved to learn that, on August 29, 2017, the federal government announced an immediate stay on the requirement that they use the recently-revised version of the EEO-1 in the reports due on March 31, 2018.
Ruling clarifies position-transfer obligations for employers
To view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF . In U.S. Equal Employment Opportunity Commission v.
4 Key Points on Additional Leave as an Accommodation to Employee Disability
On May 8, the Equal Employment Opportunity Commission published "Employer-Provided Leave and the Americans with Disabilities Act." Much of the guidance in that 11-page publication is not new. But it nevertheless should be useful to employers because of its expanded discussion of whether additional leave must be provided to an employee who already has exhausted other available leaves but still cannot return to work because of a disability.
Massachusetts Appeals Court Upholds Confidentiality of Mediation and Highlights the Art of Dealing with Distress
The Massachusetts Appeals Court recently issued an opinion in ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct. 412 (2016) refusing to override the terms of a written confidentiality agreement entered into between parties to a mediation. The opinion is noteworthy because it upholds the expectation of confidentiality in mediation.
Two (out of Three) Gift and Estate Tax Exclusion Amounts Will Inch Up in 2017
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Nutter Bank Report, October 2016
Headlines 1. Court Overturns RESPA Ruling and Holds That the CFPB is Unconstitutionally Structured 2. OCC Releases Responsible Innovation Framework; No Decision on Fintech Charters 3. FDIC Publishes Supervisory Guidance on Compliance with New Military Lending Rule 4. CFPB Issues New Consumer Protection Regulations for Prepaid Accounts 5. Other Developments: Cybersecurity Assessment, Cybersecurity Risk Management, and Promotional Savings Accounts 1.
EPO Begins Enforcing Dual-Party Execution of Assignments
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Food and Beverage Companies: Get the Dish on Commercial Agreements: Insights from Nutter’s Jeremy Halpern
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White House Issues State Call to Action on Non-Compete Reform
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Federal Circuit Clarifies Pleading Requirements for Joint Infringement
Earlier this year, we discussed the potential ramifications of the December 2015 amendments to the Federal Rules of Civil Procedure on the pleading standard of infringement following the decision in Rembrandt Patent Innovations LLC v. Apple Inc. In Rembrandt, the U.S. District Court in the Northern District of California applied the Twombly/Iqbal standard of pleading to infringement contentions following the abrogation of Rule 84 of the Federal Rules of Civil Procedure and Form 18.
Thoughtful Approach to Trademarks is Important for Food and Beverage Companies: Insights from Nutter’s Pat Concannon
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For Food & Beverage Entrepreneurs, Financing Deals Often Come In More Flavors Than Just Vanilla: Insights from Nutter’s Will Bernat
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FERC Investigations: Uncertainty Rules as More Entities Challenge in Federal Court: Insights from Nutter’s Matt Connolly
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U.S. Commerce Department Releases Updated Report Showing Intellectual Property-Intensive Industries Contribute $6.6 Trillion and 45.5 Million Jobs to U.S. Economy | Nutter McClennen & Fish LLP - JDSupra
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TTAB Rules Changes Confirmed - Effective January 14, 2017
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Ice Cream and Talking Pictures: Brandeis on Patents
“Infringement, whether direct or contributory, is essentially a tort, and implies invasion of some right of the patentee.” Louis D. Brandeis took his seat on the bench of the United States Supreme Court for the first time on Monday, October 9, 1916. That opening day of the new term included the swearing in of Associate Justice John H. Clark and oral argument on several motions.
Nutter Bank Report, September 2016
The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines 1. Federal Banking Agencies’ Report Recommends Significant Changes to Bank Powers 2. Federal Reserve Publishes Framework for Setting the Countercyclical Capital Buffer 3. FFIEC Issues Revised Guidance on Effective Information Security Programs 4. Comptroller Outlines Features the OCC May Include in Possible FinTech Charter 5.
McRO v. Bandai: Latest Federal Circuit § 101 Decision Breathes New Life into Software Patents
The Federal Circuit last week handed down the latest in a series of decisions finding computer-implemented inventions to be patent-eligible under 35 U.S.C. § 101. In McRO, Inc. v. Bandai Namco Games America, Inc. et al. (Fed. Cir. Sept.
Massachusetts Appeals Court Addresses Statute of Limitations for Enforcement of Guaranty
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A Common Cue Creates No Confusion
Cue, Inc. sells high-end home audio equipment (e.g., table radios and speakers). In 2007, it applied to register the trademark CUE ACOUSTICS, and in late 2009 the USPTO allowed its application. Cue’s CUE ACOUSTICS mark was registered in August 2012, and later that year, its application for a separate mark—CUE—was allowed. Cue filed a Statement of Use for the CUE mark in November 2015.
Three Actions to Take If You Are a Victim Of Identity Theft
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Common Sense Is Not So Common-ly Obvious
Almost a decade has elapsed since the Supreme Court’s decision in KSR Int’l Co. v. Teleflex, Inc. altered the law of patent obviousness. In reversing the judgment of the Federal Circuit, the Court in KSR limited the “teaching, suggestion, motivation” test and loosened the standards that both courts and the USPTO use to assess validity under 35 U.S.C. § 103.
Nutter Bank Report, August 2016
The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines 1. FDIC Proposes Expansion of Third-Party Lending Examinations 2. U.S. Supreme Court Split Over Whether Spousal Guarantors Can Sue Under ECOA 3. CFPB Amends Mortgage Servicing Rules to Include Additional Consumer Protections 4. FFIEC Proposes Streamlined Call Report for Small Banks 5.
Time is Now to Assess E.U. TM Registration Goods Wording in Advance of September Deadline
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USPTO Offers a Fast Track to Cancer Immunotherapy Patents
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Massachusetts Leave Entitlements Change Yet Again
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Gifting Interests in the Family Company Could Become More Expensive in 2017
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New Regulations Could Limit Estate and Gift Tax Valuations on Transfers of Closely-Held Family Entities
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New USPTO P3 Program for After Final Office Actions Is Useful Hybrid of Pre-Appeal and AFCP Programs
The Post-Prosecution Pilot Program, dubbed “P3” by the United States Patent and Trademark Office (USPTO), offers applicants a new, and arguably improved, path through the after-final landscape. P3 provides applicants the opportunity to orally present proposed amendments or arguments to a panel of examiners after a final rejection has been issued but before filing a notice of appeal.
3D Printing: Health Care Miracle, Product Liability Nightmare, or Both? Insights from Nutter’s David Ferrera and Robyn Maguire
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Massachusetts Non-Compete Reform: Maybe Next Year
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The Latest Massachusetts Non-Compete Bill Contains Some Surprises
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Nutter Bank Report, April 2016
The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines 1. FDIC Approves Proposed Rule to Limit Incentive-Based Compensation Arrangements 2. Congress Considers Expanding Asset Threshold for Small Bank Holding Companies 3. FDIC Publishes New Guidance on Community Bank Corporate Governance 4. Department of Labor Expands the Definition of a Fiduciary for ERISA Plans and IRAs 5.
Court Silences Sound Spark Studios’ Trademark Claims
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New Website Provides Useful Examiner Data for Free
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Be Organized to Preserve Your Charitable Deductions for Property Donations
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When Are Method/Device Hybrid Claims Indefinite?
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Product Liability: 2015 Year in Review
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Food Manufacturing Q&A: Shagha Tousi Talks GMO Labeling
The topic of genetically modified organisms (GMOs) has generated plenty of attention across the food manufacturing landscape. Food Manufacturing recently had the opportunity to correspond with Shagha Tousi, a partner at Boston law firm Nutter McClennan & Fish LLP who specializes in Product Liability litigation, on the topic of GMO legislation and the food manufacturing industry.
Nutter Insights: Negotiating a Term Sheet? Entrepreneurs, Take Note - March 2016
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Real Estate Bulletin, February 2016
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City Fitness Attempts to Exercise Service Mark Rights
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Nutter Bank Report, July 2016
The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines 1. FinCEN Publishes FAQs on New Beneficial Ownership Due Diligence Requirements 2. FDIC Implements Updated IT Examination Procedures and Cybersecurity Assessment 3. Federal Banking Agencies Update CRA Compliance Guidance 4. CFPB Proposes Amendments to Privacy Rule Notice Requirements 5.
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