Monthly Archives: January 2019

FDA’s New Year Resolution: Breakthrough Barriers and STeP Up Device Innovation

On December 18, 2018 the Food and Drug Administration (“FDA”) finalized guidance on its existing Breakthrough Device Program and announced plans for advancement of the Safer Technologies Program (“STeP”).  In the announcement, FDA Commissioner Scott Gottlieb emphasized the FDA’s efforts to promote innovation in medical devices that advance patient safety. This new medical device guidance could signal a year of opportunity for innovative medical device manufacturers that seek to advance patient safety.

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Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?

Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company.  The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics:

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Client Wants To Do Business in US, What To Do from an IP Perspective

The Amazon Marketplace, an online sales platform for third-party sellers, has seen a significant increase in popularity. It is not, however, the only third-party sales platform, Walmart.com, e-Bay, and Etsy are other popular marketplaces in the U.S., and all offer great ways for international sellers to enter the U.S. market. There are, however, some IP considerations international sellers should consider before selling on these marketplaces.

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ASIC releases consultation paper on fees and costs disclosure regime

On 8 January 2019, ASIC released a consultation paper on reforms to the fees and costs disclosure requirements for managed investment schemes and superannuation funds. The paper is in response to the independent reviewer’s report into the fees and costs disclosure regime under the Corporations Act 2001 as amended by ASIC Class Order [CO 14/1252] and as augmented by its regulatory guidance. In this article, we outline some key points of the consultation paper.

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Howard & Howard Congratulates New Partners

Rounding out another successful year, Royal Oak-based law firm Howard & Howard is pleased to announce that nine attorneys have become shareholders in the firm – the largest single-year class in firm history.

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California Court of Appeal Holds That An Employee’s “Imprecise Evidence” Can Provide a Basis for Damages When an Employer Does Not Keep Accurate Records of Hours Worked – But That an Employer is Not Liable for Missed Meal Periods of Which It Was Unaware

On December 12, 2018, in Furry v. East Bay Publishing, LLC, the California Court of Appeal held that if an employer fails to keep accurate records of an employee’s work hours, even “imprecise evidence” by the employee “can provide a sufficient basis for damages.”

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Good( r ) Leadership Means Having to Say You’re Sorry

Regular Zen readers will know that I’m a runner. When you first start running, you tell yourself that it’s the cheapest sport – all you need is a pair of sneakers, and you can head outside and do it. While this is (essentially) true, we runners love our gadgets and our products, and sharing our favorites of the same.

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Disruptive change is here in the auto industry

While the 2008-2010 decline in the automotive industry occurred rapidly and was perceived by many participants as a surprise fall from a cliff, the cracks in the pavement were apparent well in advance of the collapse.  In fact, months before the cascade started, certain observers pointed to the general economic conditions, rising oil prices and the extreme over capacity in the supply base while predicting the industry was about to hit a wall.  Some suppliers realized the temperature of the water was rising. They consolidated, conserved cash, found better sources of supply and employed other strategies.  These companies survived the downturn and reaped profits as the industry rebounded to record levels.

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Michael Beals has been named chair of Howard & Howard’s Trust & Estate Planning Practice Group

“Mike Beals and his team of corporate, tax, and estate planning lawyers and para-professionals have refined and expanded the capabilities and services of our Trust & Estate Planning practice,” said Davis. “Mike has extensive background in corporate and business law, as well as in trust planning and asset preservation. He will leverage that multi-faceted experience in leading this important practice.”

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Melissa G. Powers Appointed Young Privacy Professional Leader for the St. Louis Chapter of the International Association of Privacy Professionals

Lewis Rice is pleased to announce that associate Melissa G. Powers has been appointed Young Privacy Professional (YPP) Leader for the St. Louis Chapter of International Association of Privacy Professionals (IAPP). IAPP helps professionals manage the risks associated with the information economy and protect their organization’s data. In her role as YPP Leader, Melissa will plan networking activities for other young professionals pursuing and engaged in privacy careers. Only one YPP Leader is accepted per chapter and serves a one-year term.

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