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Public Session Date Rescheduled for October 11, 2017

The Surface Transportation Board has set a new date for the public listening session to review CSX Transportation’s rail service problems and recovery plans. The session will take place October 11, 2017, at the Board’s offices in Washington, D.C.  The session will be open for public observation, although anyone wishing to speak must file an intent to participate with the Board no later than September 29, 2017.

Combatting the opioid epidemic in the U.S. is a top priority for federal and state agencies in 2017. On August 10, 2017, President Donald Trump declared the country’s opioid epidemic a national emergency and committed to expending a lot of time, effort and money to combat the crisis. That same day, the U.S. Department of Health and Human Services (HHS) Secretary Tom Price lauded President Trump for directing his Administration to use all appropriate authority in responding to the opioid crisis.

A federal court in New York recently ruled that Costco Wholesale Corp. (“Costco”) owes Tiffany & Co. approximately $19.4 million dollars for selling diamond rings falsely advertised as “Tiffany” rings.

Most business financing is either debt or equity. A third option is "royalty financing" or “revenue-based financing” where the debtor obtains a loan and pays back the lender with a certain percentage of revenue rather than obtaining a traditional loan to be paid on a set schedule or selling equity interest. Such agreements have traditionally been used in entertainment, mining, oil & gas, and pharmaceutical companies, where a large, consistent stream of revenue is expected quickly. Now this financing structure is being used more frequently by start-ups during the early stages of development.

Intellectual property has become increasingly complex and inevitably intertwined with many aspects of any organization in today’s fast-moving economy. Sources suggest the value of U.S. IP assets currently exceeds other tangible assets; the largest assets in many tech companies today is indeed their IP. Organizations are thus wise to implement IP management policies tailored to their businesses. This article highlights an audit program that enables an organization to better “mine” its IP through the identification and development of those assets, while also identifying potential IP liabilities. An IP audit maximizes the value of the organization’s IP assets, mitigates IP liabilities and supports an effective IP management program, which is often made an integral part of its strategic planning. Regardless of an organization’s focus, it should have a thorough understanding of its IP environment.

The Advance Notice of Methodological Changes for Calendar Year 2018 for Medicare Advantage (MA) Capitation Rates, Part C and Part D Payment Policies and 2018 Call Letter (Call Letter) was issued by the Centers for Medicare & Medicaid Services (CMS) on February 1. Comments are due by March 3. The final call letter is to be published April 3. The Call Letter proposes several updates and ...

Republicans have been rolling out their suggestions for replacing Patient Protection and Affordable Care Act (ACA). The number and the differences between the plans show the disparity within the party on how to reverse the direction that ACA is taking the country. Additionally, leaks from the Republican conclave in Philadelphia last month show that the Republicans are nowhere near ...

On Dec. 7, 2016, the Department of Health and Human Services, Office of Inspector General (“OIG”) released a final rule (“Final Rule,” see 81 F.R. 88368) modifying certain existing safe harbors to the anti-kickback statute and adding safe harbors that provide new protections or codify existing statutory protections. In the Final Rule, the OIG also amended the definition of ...

In the new Legal Forum Column, a BGD attorney discussed trademark law. Read his advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Question

What does the recent Court of Appeals clarification of federal trademark law mean for my business?

Answer

The Court of Appeals for the Federal Circuit recently clarified that the federal law governing ...

Cosplay is a performance art in which participants wear, and often create, costumes representing characters from comic books, cartoons, games, television shows, movies or other media. The word “cosplay” is a contraction of the words “costume play.” A clarification of copyright law could potentially create obstacles to cosplay, depending on an upcoming decision of the Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc. et al. 

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