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Publication Results

A trifecta of recent U.S. Supreme Court opinions has decisively transformed Rule 23 class certification from a pleading proceeding to a proof proceeding. The class certification hearing, post-trilogy, will essentially become a bench trial. To oppose plaintiff’s motion for class certification, persuasive legal argument alone may no longer be sufficient. Companies must develop a robust and comprehensive evidentiary record that is both admissible and persuasive. Is your company ready to defeat class certification in the post-trilogy world?

August 1, 2014
Publications
The following is the A&B Healthcare Week In Review for the week ending August 1, 2014.
August 1, 2014
Publications
Within just a few hours of each other on Tuesday, July 22, 2014, two federal circuit courts of appeals made headline news with conflicting decisions on a core provision of the Affordable Care Act (ACA) in Halbig v. Burwell and King v. Burwell. This advisory discusses the rationale of each decision, the next steps in the procedural process, the policy and political reactions, and the practical implications in the event the Halbig decision is not overturned, including issues relating to employer penalties, exchanges, and related provisions.
July 31, 2014
Advisories
In an important decision with the potential to have long-lasting effects on Georgia property tax law, the Alston & Bird State & Local Tax (SALT) Team recently secured summary judgment for the Piedmont Park Conservancy (“the Conservancy”) in Fulton County Superior Court on the Conservancy’s claim that its charitable property is entitled to a “proportional” exemption from ad valorem tax.
July 30, 2014
Advisories
This week, the Eleventh Circuit is scheduled to hear appeals in two cases centered on whether a Rule 68 offer of judgment can completely moot a class action.
July 28, 2014
Publications
The following is a summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit for the week ending July 25, 2014.
July 25, 2014
Publications
Are you interested in expediting the examination of a patent application? Applicants now have a temporary opportunity to obtain expedited examination via the new glossary pilot program that went into effect on June 2, 2014, at the United States Patent and Trademark Office (USPTO). The goal of the glossary pilot program is to provide the USPTO the opportunity to determine the effectiveness of requiring a glossary to aid in clarifying patent claims. An applicant may apply for the glossary pilot program if the application is an original, non-reissue, non-continuation, or non-provisional utility application filed under 35 U.S.C. 111(a). The program requirements include inserting a glossary at the beginning of the detailed description of the original specification.
July 25, 2014
Advisories
The following is the A&B Healthcare Week In Review for the week ending July 25, 2014.
July 25, 2014
Publications
On the heels of being recognized as a “2014 Top Labor & Employment Lawyer” by the Los Angeles Daily Journal, we sat down with Jim Evans, partner in the firm’s Labor & Employment Group to discuss the trends in employment litigation, the use of arbitration agreements to defeat class actions and the changes to his practice as a result of an ever-changing appellate landscape.
July 30, 2014
Interviews
This advisory addresses an important update regarding additional steps that plan administrators must take, in order to avoid penalties under the Internal Revenue Code, if they failed to timely file the Form 5500 series of annual reports. This advisory also includes a critical reminder concerning the timing of fee disclosures regarding qualified retirement plans.
July 24, 2014
Advisories
The Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance (the “Guidance”) on pregnancy discrimination and related issues. This is the first update to the EEOC’s pregnancy-related Enforcement Guidance in 30 years and, consistent with the EEOC’s identification of pregnancy discrimination as a strategic enforcement priority, the Guidance expands protections for pregnancy and pregnancy-related conditions through broad interpretation of the Pregnancy Discrimination Act (PDA) and Americans with Disabilities Act (ADA).
July 24, 2014
Advisories
On June 25, 2014, the Securities and Exchange Commission (SEC) adopted the first of a series of rules on cross-border security-based swap activities for market participants (the “Final Rules”). The Final Rules focus on three issues: (1) when a cross-border transaction must be counted toward the de minimis threshold for registration as a security-based swap dealer (SBSD) or the determination of a substantial position in security-based swaps for registration as a major security-based swap participant (MSBSP); (2) procedures for foreign regulators or market participants to apply for substituted compliance, which would allow market participants to comply with comparable foreign requirements as an alternative to complying with U.S. requirements; and (3) the extension of the SEC’s anti-fraud enforcement authority to where the fraud occurs or where the fraud is felt within the United States.
July 23, 2014
Advisories
In response to the CPSC’s proposed changes to the CPSC Voluntary Recall Program (VCP), Rep. Mike Pompeo (R-KS) proposed an amendment to prevent the CPSC from spending money to implement the CPSC’s proposed changes to the VCP. On July 16, 2014, the House of Representatives passed the Financial Services and General Government Appropriations Act via H.R. 5016.
July 23, 2014
Publications
Most construction projects do not end up in contention and acrimony, but when they do, the design professional is often asked to opine on whether the contractor should be terminated. This occurs as part of the design professional’s role as the ‘initial decision-maker,’ or as counselor and advisor to the owner.
July 22, 2014
Publications
A recently issued notice of data availability by the U.S. Environmental Protection Agency raises the prospects that the agency could jeopardize the pharmaceutical industry’s “reverse distribution” system currently in place for outdated or unsold retail pharmaceuticals.
July 21, 2014
Publications
"Managing Foreign E&P," 144 Tax Notes 337, July 21, 2014.
July 21, 2014
Publications
The following is the A&B Healthcare Week In Review for the week ending July 18, 2014.
July 18, 2014
Publications
The following is a summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit for the week ending July 18, 2014.
July 18, 2014
Publications