Latest Updates

Are You Prepared? Recent U.S Immigration Law Changes that Will Impact Your Business

After some earlier versions that encountered significant resistance and judicial challenge, President Donald Trump issued a Proclamation on Sept. 24 that restricts travel to the United States by nationals of eight countries – Chad… more

How John Steinbeck’s Estate Planning Missteps Led to Family Feud and $13 Million Jury Award

When celebrated author John Steinbeck died in the late 1960s, he left a considerable literary legacy that included the classic American novels The Grapes of Wrath, East of Eden, and the novella Of Mice and Men. He also left behind… more

Blog: With Congress Stuck, Administration Starts Process Of Unwinding ACA

Last week, the Administration took two actions aimed at rattling the foundations of the Affordable Care Act (ACA). The President signed an Executive Order (EO) directing federal agencies to relax restrictions on insurance plans that… more

Proposal for a Regulation on the Free Flow of Non-personal Data in the EU

The European Commission has issued a proposal for a new Regulation on the free flow of non-personal data (“the Proposal”). The Commission adopted a Communication in January 2017 on “Building a European Data Economy”, in which its… more

Governor Brown Vetoes Flawed AB 890, Signals Preference for More Comprehensive CEQA Reform

On October 15, 2017, Governor Edmund G. Brown, Jr. sent a veto letter to California State Assembly Members, returning a controversial and flawed proposed land use bill – AB 890 – without his signature. Fortunately, Governor Brown… more

CFIUS Annual Report Shows Increased Scrutiny, Risk for Foreign Investment

The Committee on Foreign Investment in the United States (CFIUS) recently published a summary of its Annual Report to Congress for the fiscal year 2015 (the 2015 CFIUS Annual Report) reflecting a trend that has become evident over the… more

“OK, Google. Send a Letter to the CPSC.”: Privacy Groups Request Recall of Google Home Mini

Last Friday, ten consumer and privacy advocacy groups, including the Electronic Privacy Information Center, Center for Digital Democracy, and Consumer Watchdog, sent a letter to Acting Chairman Ann Marie Buerkle, requesting that the… more

Blog: OIG Releases October Work Plan Items; Includes Opioid REMS and Specialty Drug Coverage and Medicare Reimbursement

As we recently announced, the Office of Inspector General (OIG) is updating its Work Plan monthly rather than its previous twice-yearly publications. The October updates include 5 new Work Plan items..… more

Disruption Is Coming To Law Firms: Are You Ready?

Think about this for a minute: venture capitalists are looking to “disrupt” the sock industry. As chronicled on Marketplace, $110M has been invested in a sock company(!). This kind of investment in a static, eminently mature market is… more

In Wake of Disasters, Do Not Just Assume No Coverage Available for Cannabis-Related Losses

As reported extensively in the media over the past week, the cannabis industry has been hit hard by recent natural disasters. While companies doing business in this industry may face some unique challenges in purchasing insurance, and… more

Dutch Courts Give Judgment on Immunities of NATO Supreme Headquarters

Earlier this year, district and appellate courts in the Netherlands have delivered first judgments in the context of a high-stakes contractual dispute between three fuel companies and Supreme Headquarters Allied Powers Europe (SHAPE) –… more

FTC’s Prohibition On Illegal Sales Calls And Robocalls

The Federal Trade Commission (“FTC”) operates a single National Do Not Call Registry at donotcall.gov for both personal land lines and cell phones. Although the FTC notes that the Federal Communications Commission (“FCC”) regulations… more

Alert: New California Laws Prohibit Salary History Inquiries, Expand Parental Leave

Recently, California's Governor Jerry Brown approved of new legislation impacting California employers. Employers should take note of these laws, which address wage discrimination and expand unpaid baby bonding leave, to ensure… more

Prop 65 Amendments Now Effective Regarding Content of Notices of Violation Involving Occupational Exposures

On October 1, 2017, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment’s (OEHHA) regulations amending the content required in Proposition 65 (Prop 65) Notices of Violation involving… more

Trump Track: Portland Harbor Reset Redux

Last Thursday, I posted about EPA apparently looking at resetting the approach to the Portland Harbor Superfund site. I believe that the cost associated with the cleanup plan contained in Region 10’s Record of Decision (ROD) is out of… more

Construction Contracts: When Is Industry Best Practice Not Good Enough?

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a certain outcome… more

Learning from Bid Protests: Don’t Lose Your Protest Before You Begin

The U.S. Government Accountability Office (GAO) recently published four protest decisions that were all denied due to timeliness issues. This string of cases serves as a reminder that no matter how strong a protest’s basis may be, if… more

New PBGC-Plan Sponsor Pilot Mediation Project for Early Warning Program and Termination Liability Cases

The Pension Benefit Guaranty Corporation (the “PBGC”) launched a new Pilot Mediation Project to facilitate negotiations with (i) plan sponsors involved in corporate transactions under the purview of the PBGC’s Early Warning Program and… more

Massachusetts Named Most Energy Efficient State for Seventh Consecutive Year by American Council for an Energy-Efficient Economy

For the seventh consecutive year, the American Council for an Energy-Efficient Economy (ACEEE) named Massachusetts the most energy-efficient state in the United States. The council’s 11th annual report, released September 28, 2017 in… more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High… more

Three Point Shot - September 2017

On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of their highly… more

Pensions Hazard for PE Buyers on Carve-Out Deals

Corporate carve-outs have become increasingly popular in recent years, as buyout firms scour the market for primary deals. In an environment in which the UK Pensions Regulator (the Regulator) is becoming more active, in our view… more

[Webinar] California Insurance, Marijuana, and Reasonable Medical Treatment - November 9th, 1:00pm PT

Low, Ball & Lynch is pleased to present our 2017 Sacramento Seminar/Webinar. Expert attorneys from LBL, along with medical and insurance professionals, to bring you up-to-date on recent legal developments in legal issues impacting the… more

New EU-Certification Mark Added to IP Armory

European Union (EU) trademark law is currently undergoing significant reform, with the most recent change of particular relevance to certification mark holders or to those interested in applying for certification marks. The… more

Delaware Court Of Chancery Imposes Incorporation-By-Reference Condition On Section 220 Production, Consistent With Other Recent Decisions

On October 12, 2017, Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery agreed to impose an “incorporation-by-reference” condition on any production by Universal Health Services, Inc. (“UHS”) in response to a… more

Health Care Weekly Preview from ML Strategies - October #2

The Administration’s actions last week to disrupt the Affordable Care Act (ACA) marks a new chapter in the Republican repeal effort. The cost-sharing reductions (CSRs) that plans receive to cover lower-income individuals will no longer… more

Deputy Attorney General Announces Comprehensive Review of DOJ Corporate Enforcement Policies

Key Points: - DOJ is reviewing and reevaluating numerous corporate enforcement policies, including the “Yates Memo,” the FCPA Pilot Program, and policies on corporate monitors. - Policies will be codified in official sources like… more

Clougherty Packing Settles EEOC Sexual Harassment Suit for $100,000

Meat Packing Company Subjected Female Employees to Unwanted Touching and Comments, Federal Agency Charges - LOS ANGELES - Clougherty Packing, LLC, dba Farmer John, a Los Angeles-based meat processing company, will pay $100,000 and… more

SCOTUS to Take On Microsoft Ireland Case: eDiscovery Trends

A few months ago, we reported that the Department of Justice had asked the U.S. Supreme Court to overturn that landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put their company data stored… more

Positive Train Control: Roadblocks to Interoperability

Positive Train Control ("PTC") is a system that will automatically apply the train’s brakes in certain situations. PTC systems consist of technologies designed to help detect dangerous situations and automatically intervene to prevent… more

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. : 3:17cv272-DPM. The… more

First Steps on Proposed Revisions to the EU Prudential Framework for Investment Firms

The European Banking Authority has published an Opinion on the design of a new EU prudential framework for non-bank, non-systemically important investment firms. The EBA published a report in December 2015 in response to a Call for… more

Central District Of California Dismisses Securities Fraud Claim Against Facebook, Finding Plaintiffs Failed To Sufficiently Allege Scienter

On October 4, 2017, United States District Judge Stephen V. Wilson of the United States District Court for the Central District of California dismissed without prejudice a putative class action against Facebook, Inc., and three of its… more

[Video]Day 12 of One Month to More Effective Compliance for Business Ventures-Joint Venture Due Diligence

When you bring two entities together to operate jointly, there are several difficult issues to analyze. For the US company operating under the FCPA, there must be an adequate business justification for a joint venture with a specific… more

Modern Slavery Guidance Updated by UK’s Home Office

Updated Home Office guidance provides more detail of expected best practices and encourages smaller businesses to make a slavery and human trafficking statement even if not legally required. • Larger businesses must develop and… more

3 Changes to the EU Trade Mark Regime: What Applicants Need to Know

Changes to the Regulation on the EU Trade Mark came into effect on 1 October, 2017 that alter the process of registering trade marks. These changes aim to harmonize trade mark practices across the European Union while increasing legal… more

First Steps on Proposed Revisions to the EU Prudential Framework for Investment Firms

The European Banking Authority has published an Opinion on the design of a new EU prudential framework for non-bank, non-systemically important investment firms. The EBA published a report in December 2015 in response to a Call for… more

I Wish They All Could Be California Non-Binary: Governor Brown Signs Law Approving New Gender Status

Male and female are no longer the only gender identifiers available, at least in two states. California’s Gov. Jerry Brown has signed into law the Gender Recognition Act which (1) allows individuals to identify as non-binary and (2)… more

Washington State Enacts Healthy Starts Act, Requires Accommodation for Pregnant Employees Regardless of Disability

The new Washington state Healthy Starts Act requires employers with 15 or more employees to provide accommodations to pregnant employees above and beyond those accommodations required by other available laws, including the Washington… more

Dash Dream Plant to Pay $110,000 to Settle EEOC Pregnancy Lawsuit

Don't Get Pregnant or You're Fired, Orchid Grower Told Employees, Federal Agency Charged - FRESNO, Calif. - A Merced County orchid grower will pay $110,000 and provide other relief to settle a pregnancy discrimination lawsuit filed… more

European Securities and Markets Authority Consults on Guidelines for Non-Significant Benchmarks

The European Securities and Markets Authority has launched a consultation on proposed Guidelines on the obligations applying to the provision of and contribution to non-significant benchmarks under the Benchmarks Regulation. The… more

Arkansas Department of Health Engineering Section: Website Redesign

The Arkansas Department of Health (“DOH”) discussed in Volume 30 (No. 3) of the Fall 2017 edition of the publication Arkansas Drinking Water Update the redesign of its webpage. An article authored by Jeff Stone noted that the… more

European Commission Legislative Proposals for Enhanced Powers for European Supervisory Authorities and the European Systemic Risk Board

The European Commission has published legislative proposals designed to strengthen and further integrate the supervisory framework of the European Union. The proposals build on contributions to the Commission's public consultation in… more

Beltway Buzz - October, 2017 #2

Trump Signs New Executive Order Threatening ACA. Following last month’s senatorial defeat on full repeal-and-replace—after which Congress vowed to move on to tax reform and other lower hanging fruit—the Trump administration is trying a… more

IRS Proposes Update and Streamlining of Public Approval Under TEFRA

The Internal Revenue Service (the “IRS”) and The U.S. Department of the Treasury (the “Treasury”) proposed regulations on September 28, 2017 to update and streamline the public approval requirement applicable to tax-exempt private… more

Individual Accountability for PE Executives Continues to Increase Under Legal and Regulatory Changes

Corporate accountability has been a key focus for UK legislators and regulators since the credit crisis, as authorities have taken action against corporate failings. In our view, this focus is evolving to emphasise individual… more

SEC Charges Firm, Officers Re False Statements in Private Offerings

The Commission has long focused on microcap frauds, repeatedly brining cases in this area. It has also focused in recent years on offering fraud actions, filing a string of cases… more

Acquirers Beware: Salary History Bans Impact Employment Diligence and Arrangements

New state and local laws might change employment salary due diligence and post-closing arrangements in M&A deals New state and local laws might change employment salary due diligence and post-closing arrangements in M&A deals. • The… more

Bridging the Week - October 2017 #3

Proprietary Trading Firm Charged by CFTC With Spoofing Based Solely on the Alleged Wrongful Trading of One Employee: The Commodity Futures Trading Commission and the Commodity Exchange, Inc. brought and resolved charges against Arab… more

Extending an Olive Branch: IRS Issues Ruling Providing Taxpayer Relief for Late Election of Rev. Proc. 2011-29 Safe Harbor

The Internal Revenue Service (Service) issued PLR 201739003 on September 29, 2017, in which it granted an extension to a taxpayer that failed to timely file for the safe-harbor election provided in Rev. Proc. 2011-29, 2011-1 CB 746… more

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