Tag Archives: Arnstein & Lehr

Win or lose, you pay PTO attorneys’ fees for challenging decisions in District Court

When the U.S. Patent and Trademark Office (“PTO”) rejects a patent application, the applicant has two options for judicial review. It can either appeal directly to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. §141, or file a new (“de novo”) civil action against the Director of the PTO in the U.S. District Court for the Eastern District of Virginia under §145. Unlike an appeal, a de novo proceeding entitles a rejected applicant to some procedural advantages, such as the ability to conduct discovery and to introduce new evidence, rather than relying solely on the record made before the PTO in prosecuting the patent application.

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EB-5 Investment Funds – Updated Redeployment Standards and Guidelines

UPDATED
WHITE PAPER: STANDARDS AND GUIDELINES FOR REDEPLOYMENT OF EB-5 INVESTMENT FUNDS

Prepared by:
Arnstein & Lehr LLP
Klasko Immigration Law Partners, LLP
Jeffer Mangels Butler & Mitchell LLP

Now that the USCIS has released amendments to its Policy Manual regarding the required “sustainment period” for EB-5 investors to retain their investments “at risk,” the authors of this updated White Paper have revised our original standards and guidelines for redeployment of EB-5 investment capital issued in February 2017 to reflect the new policies adopted by the USCIS on redeployment. We believe that the guidelines provided in this updated White Paper should meet the “sustainment” requirements established by USCIS in its amended Policy Manual, and should also meet the requirements of federal securities laws and the fiduciary duties of the general partner or manager of each new commercial enterprise when making a decision to redeploy their investment capital in a new investment.

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China Home Buying and Pricing Increase Trend

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

The phenomenon of escalating home buying and prices continues in China. According to recent publications, the real estate sector now accounts for one-third of China’s GDP compared to 10% just a decade ago. Household debt has increased significantly during the last decade (now 42%). However, since it is only as a share of new loans, it is still far less than the 78% factor encountered in the United States. Home prices have dramatically risen in the major cities in China compared to other major cities in the world. Intensified government restrictions have apparently created an accelerated effect on home buying. Sources indicate that at the end of 2016, real estate accounted for approximately 69% of household assets compared to less than 60% in the U.S.

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Arnstein & Lehr Partner Gary Brown Talks Construction Law

Arnstein & Lehr Fort Lauderdale Partner Gary L. Brown presented an informational webinar titled, “Construction Law: Ultimate Bootcamp.” The topics discussed were Key Contract Terms, Managing Risk, Design Deficiencies, Changes and Delays, and Remedies for Non-Payment.

The webinar was co-sponsored and hosted by the Palm Beach County Bar Association live on June 27, 2017, but the recorded version can be viewed here.

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EB-5 Redeployment and the New USCIS Policy Guidelines

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

It seems as though the EB-5 Program is a moving target. First, we received notification in August of 2015 that loans could be repaid before I-829 final adjudication after the required jobs have been created, provided that funds were then deployed in an “at-risk” activity. Then the Policy Guidelines attempted with great difficulty of trying to clarify what “at-risk” means. One could argue that their examples and statements both directly and through footnotes created more confusion than clarification.

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U.S. Supreme Court Invalidates Statutory Provision against Offensive Trademarks

alice-moore-192521Although U.S. common law trademark rights are gained through use of the mark in commerce (without registration), registration of a trademark with the U.S. Patent and Trademark Office (“USPTO”) provides the owner with additional rights and benefits.  These include nationwide enforcement of the mark against infringers; constructive notice of the registrant’s claim of ownership of the mark; evidentiary presumptions of the validity of the mark, the registrant’s ownership of the mark, and the registrant’s exclusive right to use the mark in commerce on or in connection with the goods or services in the registration; the status of “incontestability” once the mark has used in commerce for five years after registration; and the ability to stop importation of infringing goods into the U.S.

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Senator Grassley Prompting EB-5 Fraud Investigation

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

A very interesting letter from Senator Grassley to the Securities and Exchange Commission and U.S. Department of Homeland Security indicates he is tackling the Kushner EB-5 project marketing approach. You can see the full letter by clicking here.

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EB-5 Marketplace Measurement – China and Beyond

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

I just returned from a week in China. Along with speaking at the EB-5 Investors Magazine’s 2017 EB-5 & Investment Immigration Expo, I had the opportunity to visit with many migration agents, as well as other professionals in the EB-5 industry. My impressions of the marketplace, particularly China, are as follows:

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EB-5 Update – Extension and Current Senate Bills

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

It is common knowledge the EB-5 investor program received extensions through September 30, 2017. Accordingly, until further changes happen, the existing program will remain in place.

There are currently two (2) key bills that have been presented. One is the Grassley Bill, which is a modification of the old Senate 1501 Bill proposed back in June of 2015 by Senators Grassley and Leahy. The active call “American Job Creation and Investment Promotion Reformat to 2017.” The other bill was proposed by Senator Cornyn of Texas, which has also been submitted in the Senate. Basically, the two (2) factions which represent rural/urban interest are negotiating immigration points that in effect include the following:

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Fort Lauderdale Partner Gary Brown Publishes Update To His Book Florida Construction Defect Litigation

Arnstein & Lehr LLP Fort Lauderdale partner Gary Brown recently published an update to his book, Florida Construction Defect Litigation. It covers the legal framework within which construction defect claims are addressed, typical claims and defenses, contractual considerations, standards of care for contractors and design professionals, the applicability of insurance and surety bonds, and the role of experts.

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