Latest Updates

DOJ Civil Rights Division Intensifies Efforts to Investigate Discrimination Against US Workers

On October 11, 2017, the Department of Justice's (DOJ) Civil Rights Division, Immigrant and Employee Rights Section (IER) and the Department of State's Bureau of Consular Affairs announced a partnership aimed at protecting US workers… 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

Foreign No More: Transferring Data on Demand U.S. Companies and GDPR Data Portability

Much has been written about the consternation and concern of businesses around the world regarding the European Union’s General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. The GDPR applies to companies… more

VA Proposed Rule Would Expand Telemedicine and Override State Licensure Barriers

On October 2, the Veterans Administration (VA) proposed a new rule that would expand access to quality care and availability of mental health, specialty, and general clinical care for VA beneficiaries through the use of… more

Professional Liability and Disciplinary Law Newsletter - October 2017 (Dutch)

Valued readers - With pleasure, I will send you our monthly newsletter in the field of professional liability and disciplinary action. In this edition we pay attention to two developments in the city of Amsterdam (realtors and… more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit affirms the decision in Secured Mail v. Universal to dismiss an infringement case under Rule 12(b)(6), holding that all of the asserted claims of the seven patents are directed to patent-ineligible subject matter. In Amgen… more

The CRM Marathon – and CRM Hurdles

To finish a CRM marathon, you will need patience and persistence. Honestly, almost no runner feels like getting up at 5 a.m. every day to hit the road, but real winners keep going… more

Autonomous Cars are Here to Stay, but are Cities ready for them?

Without question, autonomous cars and autonomous systems are here to stay. As automotive manufacturers, suppliers, and new entrants to the industry dive headfirst into the autonomous vehicle sector, questions remain as to how prepared… more

Plan Fee Litigation: Protecting Fiduciaries

Targeting Educational Institutions - Since August, 2016, sixteen institutions of higher education with large retirement plans have become targets of federal lawsuits for breach of fiduciary duty under ERISA. To date, the cases are… more

Cyber-insurance and Employee Data Breaches: Part 3

A large portion of the hundreds of data breaches and thousands of data security incidents that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were inadvertently… more

UK Competition and Markets Authority Highlights Potential Issues in Investment Consultancy and Fiduciary Management

Following a market investigation reference from the Financial Conduct Authority, the Competition and Markets Authority has published the issues statement for the market investigation it is carrying out into the supply of investment… more

Informed Consent in Pennsylvania – The Supreme Court of Pennsylvania Issues a Wake-Up Call

It has been nearly four months since the Supreme Court of Pennsylvania issued its opinion in the case of Shinal v. Toms. In its opinion, the Court considered the issue of informed consent under Pennsylvania law and issued a clear… more

Compensation Policies Under Scrutiny: Federal Court Conditionally Certifies Class of Female Faculty Physicians in EPA Case

On September 28, 2017, the U.S. District Court for the Central District of Illinois granted conditional collective action certification in Ahad v. Board of Trustees of Southern Illinois University, a case under the Equal Pay Act (EPA)… more

California Bans Employers from Seeking Salary History of Applicants

On October 13, California Governor Jerry Brown signed into law Assembly Bill 168 (AB 168), which further restricts employers’ use of salary history information. California’s Fair Pay Act currently prohibits employers from relying on an… more

Can An Entity Qualify as a Chapter 15 Debtor Without Ever Filing for Bankruptcy?

Chapter 15 of the Bankruptcy Code provides a framework through which representatives of foreign insolvency proceedings can commence ancillary U.S. proceedings and obtain relief from U.S. courts in aid of foreign restructurings. For a… more

Are firms ready to exploit Pinterest?

If you knew of a social media platform boasting that 93% of its active users utilize it to help them plan purchases, and 87% say they actually made the purchase because they found it on the site, would your firm be on it? What if… more

The PTAB Authorizes Additional Motion To Amend Briefing in View of Aqua Products

The Board authorized petitioner Kingston to file a Response to the patent owner’s Reply to petitioner’s Opposition to Motion to Amend, based on the Federal Circuit’s en banc holding that the burden to establish unpatentability of… more

ICOs at the End of 2017: What We Think We Know and What We Don't Know

Initial coin offerings (ICOs), token pre-sales, and similar sales of blockchain-based coins and tokens are quickly becoming an important fundraising option, and an important method of attempting to seed a token-based platform with… more

Alabama Court Holds Professional Liability Exclusion Applicable to Negligent Inspection

In its recent decision in AIX Specialty Ins. Co. v. H&W Tank Testing, Inc., 2017 U.S. Dist. LEXIS 169787 (M.D. Ala. Oct. 12, 2017), the United States District Court for the Middle District of Alabama had occasion to consider the scope… more

[Webinar] Defined Value Clauses; S Corp. Distribution of Property; Traps Donating a Business to Charity - October 31st, 12:00pm CT

In this webinar the presenter will discuss defined value clauses to reduce risk when transferring hard-to-value assets, the consequences of converting from an S corporation to a partnership, and issues to consider when donating a… more

Key California Employment Law Cases: September 2017

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status… more

D.C. District Judge Denies Class Certification in Fuel Surcharge Antitrust Case

In the most closely watched rail industry litigation in the country, the U.S. District Court for the District of Columbia has denied class certification in the railroads’ fuel surcharge antitrust litigation. The long awaited… more

What’s Next for Mandatory Arbitration Provisions?

One of the interesting strains to come out of the new round of publicity surrounding sexual harassment is a renewed focus on mandatory arbitration provisions. And it comes from an unexpected source: former Fox News anchor Gretchen… more

European Banking Authority Consults on Significant Risk Transfer in Securitization

The European Banking Authority has published a Discussion Paper on significant risk transfer in securitization, seeking views on proposals to strengthen the regulatory and supervisory framework of significant risk transfer. The EBA's… more

SEC Proposes Amendments to Modernize and Simplify Regulation S-K

On October 11, 2017, at the first open meeting under Chairman Jay Clayton’s tenure, the SEC proposed amendments to modernize and simplify certain disclosure requirements in Regulation S-K. The proposed amendments are largely consistent… more

Trump, by executive fiat, tries to blow up ACA with cheap, skimpy alternatives

President Trump has made good on his promise to try to blow up the Affordable Care Act, aka Obamacare. His latest, twin executive actions seek to gut the national health insurance program that Republicans have reviled but could not… more

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