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

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

The Holiday Hiring Frenzy: 10 Tips That Will Keep You Off the Naughty List

It’s that time of year again—many employers, especially retailers and hospitality employers, are hiring seasonal workers for the holiday shopping season. Despite the challenge of adding so many employees in a short period of time… more

[Video]The Compliance Challenge: Managing Legal & Regulatory Risk

Ryan Rohlfsen, a Ropes & Gray government enforcement partner, highlights findings from a new report on legal and regulatory risk management, based on a global survey of 300 in-house professionals. To learn more about the report, please… more

Developing Legal Theory Allows DACA Recipients to Sue Under Section 1981

It has long been thought that an employer may refuse to hire a foreign worker who: (1) is not currently authorized to work or (2) will require future visa sponsorship to work for the employer. A new legal theory has developed… more

TTB Issues Guidance on Application of Consignment Sales Regulations to Freshness Dating and Returns from Retailers

On September 29, 2017, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Ruling 2017-2, which updates and supersedes older agency guidance on allowable returns of beer and malt beverage products that contain “pull… more

Insurance Issues Facing the Automotive and Transportation Industries in the Transition To Autonomous Vehicles

The world of self-driving cars and trucks is now upon us. Among other expected impacts, the gradual transition from driver-controlled to semi-autonomous to fully-autonomous vehicles will mean significant changes in insurance programs… more

New California Law Mandates Small Businesses Provide Parental Leave

On October 12, 2017, Governor Jerry Brown signed the New Parent Leave Act into law, extending unpaid leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement to employees of businesses… more

FERC Investigations: Uncertainty Continues as Two Federal Courts Differ on When FERC Must Bring Enforcement Actions in Federal Court: Insights from Nutter’s Matt Connolly

Matt Connolly, a senior associate in Nutter’s Litigation Department, analyzed how the decision in FERC v. Barclays is yet another example of uncertainty in Federal Energy Regulatory Commission (FERC) enforcement actions brought in… more

A Ticking Clock: New York’s Pending Non-Guaranteed Elements Rule for Life Insurance and Annuity Products

The clock is ticking on the New York Department of Financial Services’ issuance of new Regulation 210 "Life Insurance and Annuity Non-Guaranteed Elements" (the Rule)… more

Patents for Billion Dollar Restasis Drug Under Siege

Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe reportedly… more

With Governor Brown’s Signature, California Employers Face a Gauntlet of New Laws

The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to labor and… more

S-corporations – Time to Roll In your Rental-Income Benjamins

In Private Letter Ruling 201725022 (the “PLR”), the IRS determined that rental income an S-corporation received from its operations is not passive investment income that would subject the S-corporation to termination. In the PLR… more

Global Patent Prosecution Newsletter - October 2017

March-in Rights and Compulsory Licensing of Biopharmaceutical Inventions - Very few topics in international intellectual property have been as controversial as compulsory licensing. In the US, consumer groups have increasingly… more

Court permits strategic transfer of Center of Main Interests (COMI) in Chapter 15 Case

The bankruptcy court in In re Ocean Rig UDW Inc., 17-10736 (Bankr. S.D.N.Y. Aug. 24, 2017) determined that a decision by an offshore drilling company from the Republic of the Marshall Islands (RMI) to shift its Center of Main Interest… more

Another Bumpy Week for Equifax: Virus Hits Website, IRS Suspends Contract and Hacked UK Residents Notified

It was another chaotic week for Equifax Inc., still scrambling to stem the torrent of bad news after its massive data breach last month that has potentially affected more than half of the U.S.’s adult population… more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State Laws

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State lawmakers… more

GDPR Countdown: Latham’s National Implementation Tracker

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory authorities… more

Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury verdict… more

Toys “R” Us Files for Chapter 11

On September 18, 2017, the iconic US-based retailer Toys “R” Us filed for Chapter 11 in the US Bankruptcy Court for the Eastern District of Virginia in front of Judge Keith L. Phillips. The company filed twenty-five entities… more

New Partnership Audit Rules – Plan Ahead Before the Tax Bill Arrives

A new set of rules for partnership audits (New Audit Rules), which generally take effect January 2018, fundamentally alter the manner in which the Internal Revenue Service (IRS) will conduct audits of partnerships, multi-member LLCs… more

Expanding the Unconditional Right to Intervene: A Win for UCC’s

Expanding a split among circuit courts, the First Circuit recently set precedent promoting the unconditional right of creditors’ committees to participate in all aspects of bankruptcy cases. Reversing a lower court, in In Re: The… more

Preemption, Puffery Defenses Can’t Overcome Ginger Ale Suit

A California federal court judge rejected both puffery and preemption arguments when it denied Dr. Pepper Snapple Group’s motion to dismiss a putative class action challenging the labeling for its Canada Dry Ginger Ale… more

District Court Allows Mohawk Tribe to Join ANDA Litigation, Finds Patents at Issue Invalid

In something of an anticlimax, Federal Circuit Judge William Bryson, sitting by designation on the bench of the U.S. District Court for the Eastern District of Texas, granted Allergan's motion to join the St. Regis Mohawk Nation to… more

Illinois Revises Residential Mortgage License Act Provisions

The Illinois Department of Financial and Professional Regulation adopted rules to repeal and amend parts of the Residential Mortgage License Act, including, but not limited to..… more

Withdrawal of HIPAA Health Plan Proposed Rules

The U.S. Department of Health and Human Services (HHS) has withdrawn a HIPAA rule that would have required controlling health plans (CHPs) to demonstrate compliance with certain HIPAA standards. The proposed rule, published on Jan. 2… more

Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse

Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems” with the… more

Misunderstandings Among Owners Can Lead To Business Divorce Litigation

One of the most common reasons for a minority shareholder to file “business divorce litigation” is because that minority owner feels left out, pushed out, squeezed out – simply not part of the process in any significant way. Quite… more

California Statewide Ban-the-Box Law Signed By Governor

On October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008, which will add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make pre-hire and… more

Court Permits St. Regis Mohawk Tribe to Join Restasis® Litigation, but Nixes Allergan’s Patents

Today, Judge Bryson, a Federal Circuit judge sitting by designation in the U.S. District Court for the Eastern District of Texas, Marshall Division, issued an Opinion and Order granting Allergan’s motion to join the St. Regis Mohawk… more

Europe: Blockchain – Practical and legal challenges

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of digitalization… more

Significant WiFi vulnerability exposed

What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except those communications that are… more

Second Circuit Enforces Arbitration Agreement In Favor Or Non-Party Whose Agent Entered Into That Agreement

The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement that he signed did not contain… more

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For more than 50 years, Miller Starr Regalia has had a well-established reputation as one of the leading real estate law firms in California. For nearly all that time, members of our firm have written…

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