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Show Me the Money: EEOC Proposal to Require Federal Contractors and Private Employees to Report Pay Data

Coming on the heels of the Office of Federal Contract Compliance Programs’ (OFCCP) rule forbidding federal contractors from discriminating or retaliating against applicants and employees who inquire, disclose or discuss compensation…more

Fraud Claims Not Covered By Standstill Agreement

A standstill agreement that postponed claims that a party "has or may have against the other" did not cover fraud claims. The old epithet "fraud unravels all", although too general and inexact a phrase to be taken simply at face…more

Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385 charges were…more

Utah oil sands mine slowed

A Canadian company developing an oil sands mining and extraction project in Utah has announced a decision to "reduce the pace of field construction in order to maintain working capital flexibility," based on low oil prices. Oil…more

Are We Witnessing A Pushback By Courts To Anti-SLAPP Motions?

As we approach the fifth anniversary of the date the DC anti-SLAPP statute became effective, recent decisions have me wondering if we are witnessing increased hostility against anti-SLAPP statutes nationwide?…more

When Can You Appeal a Local Permitting Decision? It Just Got More Complicated.

On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be filed only…more

Golden Parachute Tax Terror

Smith Anderson's tax group is now offering complimentary presentations. This webinar will provide an introduction to the tax rules related to certain payments to insiders triggered by a change in control of a corporation ("golden…more

Biometrics Institute issued new privacy guidelines

The Biometrics Institute issued new privacy guidelines for the collection and safeguarding of biometric data, such as fingerprints and iris scans. The guidelines contain 16 principles that should be considered when collecting and using…more

When Worlds Collide: Article 2 of The Uniform Commercial Code and Chapter 11

Picture the scene: You have just received word that your customer has filed Chapter 11. You had followed my advice (see article Reducing a Customer’s Accounts Receivable in the Zone of Insolvency), and put the customer on a…more

Formal Proposal to Delay Implementation of MiFID II Package to 2018

The European Commission has proposed to delay the application of the Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation by one year. The proposed extension is due to concerns about the technical…more

EU-US Privacy Shield: European Union and U.S. Reach Agreement in Principle for New Data Transfer Framework – But Uncertainty Remains

On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from Europe to…more

Changes to Canada’s Iran Sanctions – Your Questions Answered (and a Flowchart)

On February 5, 2016, the Government of Canada amended its economic sanctions on Iran to significantly ease restrictions on doing business. The changes were in response to Iran’s compliance with its the commitments to restrict its…more

"Privacy Shield" is Proposed to Replace Invalidated U.S. - EU Safe Harbor Agreement and Keep Data from Europe Flowing

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection laws. Safe Harbor was…more

Avoid International Travel Nightmares En Route to your International Depositions

Travel can be hectic, even horrific, at times. Flight delays, cancellations, lost luggage, etc., can frazzle even the most seasoned globetrotter. There are steps you can take to lessen the impact of these possible catastrophes…more

SEC Adopts Rules on Non-US Firms That “Arrange, Negotiate, or Execute” Security-Based Swaps in the US

On Wednesday, the Securities and Exchange Commission (SEC) adopted rules that will affect firms operating in the global security-based swap market. Specifically, the SEC is requiring non-US firms that arrange, negotiate, or execute…more

Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust

On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar brought…more

Zika - Employer Liability Issues

By now, the worldwide health authorities and media have publicized the Zika virus disease (Zika) that has been reported throughout South America, Central America, and the Caribbean. Although the United States has only experienced a…more

Requirement to verify “data concerning legal entities” is now lifted (Ukrainian)

1. Law of Ukraine “On the State Registration of Legal Entities and Individual Entrepreneurs” ? 755-IV, dated 15 May 2003 was restated in its entirety under the new title “On the State Registration of Legal Entities, Individual…more

Sleeping on the Job Not Enough to Bar Transgender Bias Suit

A jury should decide whether a transgender employee caught sleeping on the job in a customer’s car was unlawfully terminated because of her transgender status, the Eleventh Circuit Court of Appeals has ruled…more

EEOC Revela Datos de Aplicación y Litigio Para el Año Fiscal 2015

Represalias, Discriminación Racial y el Acoso Persisten; Quejas de Discapacidad Aumentan - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) reveló hoy un desglose detallado de las 89,385…more

An Exciting Week of Acquisitions

The past two weeks have, at least, been notable and, for some, exciting, in the Ohio banking industry. First, Huntington Bancshares, Inc. announced plans to acquire FirstMerit Corp. (with Huntington National Bank absorbing FirstMerit…more

Alert: 340B Self-Audits: The Best Defense Is A Good Defense

Federally qualified health centers (FQHCs) participating in the 340B Drug Pricing Program (the “340B Program”) are subject to audits by Health Resources and Services Administration (HRSA) and the drug manufacturers who participate in…more

FDA Panel Shows Strong Support for a Remicade Biosimilar

The Food and Drug Administration’s (FDAs) Arthritis Advisory Committee gave a thumbs up to a biosimilar copy of Johnson & Johnson’s Remicade product, an inflammation blocker used in the treatment of rheumatoid arthritis, on Tuesday. In…more

Blog: #FCA Call For Input On Its Approach To Payment Services

The FCA has published a brief call for input on its approach to payment services regulation. The FCA’s existing Payment Services guidance can be found in: “The FCA’s role under the Payment Services Regulations 2009”…more

NIOSH Extends Comment Period on Draft CIB on Health Effects of Occupational Exposure to Silver Nanomaterials

On February 10, 2016, the National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice extending the comment period on the draft NIOSH Current Intelligence Bulletin: Health Effects of Occupational…more

Derivative Settlement With Benefit Personal to Plaintiff Rejected

In 1850, Abraham Lincoln prepared notes for a law lecture. He emphasized the importance of compromise because after litigation, "the nominal winner is often a real loser—in fees, expenses, and waste of time." Delaware law also favors…more

Privacy Tip #21 – It’s a new year—time to get a free copy of your credit report

I am fortunate to teach the Privacy Law class at Roger Williams University School of Law on Tuesday afternoons. Yesterday, we discussed all of the laws relating to the financial services industry. OK, not the most exciting content, but…more

High Court Reviews Protected Activity Under SLAPP Statute

In yet another installment of the gravamen of the complaint conundrum, the California Supreme Court is currently reviewing Park v. Board of Trustees of California State University (2015) 239 Cal.App.4th 1258. The issue is whether the…more

Managing the Cybersecurity Risks of the Medical Internet of Things

The cybersecurity ramifications of the Internet of Things (IoT) are perhaps nowhere more crucial—potentially a matter of life and death, in fact—than in the realm of medical devices. Until recent times, a potential hack of the…more

Charity's Patient Assistance Program Passes OIG Muster in Advisory Opinion 15-17

On December 28, 2015, the Department of Health and Human Services, Office of Inspector General (OIG) issued OIG Advisory Opinion 15-17, approving a charity’s proposal to unveil a new patient assistance program dedicated to supporting…more

Paying "Current" Versus "In Arrears"

Some employers use the colloquialisms "current" and "in arrears" to describe the timing of employees' wage payments. Not surprisingly, many employees who are told they are paid "in arrears" rather than "current" react negatively…more

Rating Agency Developments

On February 9, DBRS published its methodology for rating Canadian government STRIP bonds. On February 9, DBRS published its methodology for guarantees and other forms of support. On February 9, DBRS published its methodology for rating…more

Birmingham Joins Seattle and San Francisco and Passes its Own Minimum Wage

Birmingham, Alabama is poised to join more than 15 cities across the country that have adopted a municipal minimum wage higher than the federal requirement. The federal minimum wage is currently $7.25 an hour but, unless the Alabama…more

Dangerous Jobs: CTA Workers Health & Safety at Risk

Chicago’s network of trains connects millions of workers with their jobs, and families with their homes each month. Keeping this system up and running is the responsibility of the Chicago Transit Authority and the army of workers they…more

Connecticut Audubon Society joins the no drone zone list

Drones are no longer permitted at 19 of the Connecticut Audubon Society’s (CAS) sanctuaries because of the annoyance to visitors and harassment of wildlife. This is one of the first in the country, and certainly the first in…more

Communicating Culture Outside the US – Part 2

Yesterday, I began an exploration about some of the issues around communicating corporate culture to business units located outside the US and away from the corporate office. This series is based on a recent article in the MIT Sloan…more

FICA Lawsuit Settles For Over $3 Million

I have previously blogged about a lawsuit brought by participants in a nonqualified deferred compensation plan where the employer failed to report and pay FICA (social security) taxes in the most tax advantageous way. The employer had…more

A "French Bribery (and Sunshine) Act" is about to be launched - a legal revolution is underway in France

France has been for a long time lagging behind on the field of anti-corruption laws. In 2012, the Organisation for Economic Co-operation and Development raised serious concerns regarding the lack of bribery convictions in France, and…more

Department of Energy Provides Major Funding Opportunities

The start of the new year has brought with it numerous opportunities for energy tech funding from the Department of Energy. Hundreds of millions of dollars have been or are being given out to companies and research institutions across…more

International Food Law Gazette - January 2016

FDA Approves First Genetically Modified Food-Producing Animal - On November 19, 2015, the United States Food and Drug Administration (FDA) approved a new animal drug application (NADA) that authorizes the marketing of the…more

Sophisticated Email Scams Targeting the Real Estate Industry

A sophisticated (and effective) wire-fraud scam targeting real estate (and other) transactions is on the rise, and mostly occurring in the United States…more

Are Hidden Title III Claims Lurking in Your Business?

With the extraordinary volume of Americans with Disabilities (ADA) Title III claims clogging the courts, and an increase in the number of plaintiffs’ lawyers litigating ADA issues, we can expect to see another flood of Title III cases…more

Delaware Chancery Court Applies Entire Fairness Standard to Consulting Agreement Among Affiliates of a Controlling Shareholder

In the recent decision of In re EZCORP Inc. Consulting Agreement Derivative Litigation, C.A. No. 9962-VCL (Jan. 25, 2016), the Delaware Court of Chancery clarified the standard of review when faced with shareholder challenges to an…more

Deciphering the Final AMP Rule – Key Provisions Impacting Pharmacies, PBMs, and Manufacturers

In late January, the Centers for Medicare & Medicaid Services (“CMS”) released the much anticipated Covered Outpatient Drugs Final Rule with Comment (the “AMP Final Rule”). The rule creates the regulatory definition for Average…more

Timing is Everything

In Trieme Medical, LLC v. Angioscore, Inc., [2015-1504] (February 5, 2015) the Federal Circuit reversed the dismissal of Trieme’s complaint to have its assignor, Dr. Lotan, named as an inventor of Angioscore’s patents. Lotan…more

Employment Matters Monthly - February 2016

A Note from the Editors - If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the way! As…more

Structured Thoughts: News for the financial services community, Volume 7, Issue 2

Is There a Standard Form of Rule 144A Representation Letter? - My file of Rule 144A representation letters has been growing fatter, and I‘m not sure why. I would have hoped that by now there would be just one great form that…more

The Final 60-Day Rule Is Finally Here!

The Centers for Medicare & Medicaid Services (CMS) has finally published the long-awaited final rule establishing a process for Medicare Part A and B providers and suppliers to report and return overpayments within 60 days (the “60-day…more

Trade & Manufacturing - News of Note - February 2016

USTR Issues Report on China’s Implementation of WTO Agreements - The office of the United States Trade Representative (USTR) recently issued an annual report on China’s implementation of its obligations under the World Trade…more

Judicial Redress Act passes the House with the Senate Amendments

The amended Judicial Redress Act has passed the House and is on its way to the president to be signed into law. The Act, which we covered in an earlier blog post, gives citizens of foreign countries the same rights as US citizens in…more

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