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New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under the…more

DOJ & FTC Join Telemedicine Attack on Texas Medical Board

The U.S. Department of Justice and Federal Trade Commission have sided with Teledoc, Inc., one of the country’s biggest telemedicine companies, in its legal battle with the Texas Medical Board. The two agencies filed a joint amicus…more

China’s search for Israeli assets is to be welcomed but it won’t change the preference for early exits

The exit outlook for Israeli M&A is especially positive, particularly in light of the ever-growing interest from the Far East. While the vast majority of inbound capital still comes from the US, China has emerged as a prolific investor…more

Criminal consequences of the use of leaked data by tax authorities

Leaks of confidential information are becoming more common. Businesses and individuals may face scrutiny by investigative agencies following leaks of information from third parties or by employees. Businesses in particular face risks…more

Alabama Department of Revenue Submits Response in Economic Nexus Test Case

The Alabama Department of Revenue (ADOR) quietly filed its Answer in the ongoing challenge by Newegg, Inc. to the so-called economic nexus threshold set forth in ADOR Rule 810-6-2.90.03 for certain out-of-state retailers. In its…more

Second Circuit Denies Section 230 Immunity for Acts of Affiliate Marketers

The Second Circuit became the third federal appellate court ever to deny immunity under Section 230 of the Communications Act, 47 U.S.C. § 230, which provides broad protection for content supplied to websites by their users. Federal…more

Court Refuses to Compel Disclosure of Archived E-Mails Due to “Undue Burden and Cost”

Elkharwily v. Franciscan Health Sys., No. 3:15-cv-05579-RJB (W.D. Wash. July 29, 2016). After a previous order granting the plaintiff’s motion to compel discovery of “live” e-mails, the court denied the plaintiff’s motion as it…more

Without a Box to Stand on: States May Lack Right to Fight EEOC Criminal History Guidance After All

As our readers are likely aware, ordinances have been adopted in recent years in numerous jurisdictions limiting an employer’s ability to inquire about a job applicant’s criminal background. These so-called “Ban the Box” ordinances…more

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions

On September 20, 21 states filed a lawsuit against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair Labor…more

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a defendant/counterclaim…more

FCC Enforcement Monitor ~ September 2016

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:…more

SEC Announces New Chief of its Whistleblower Office

On Wednesday September 28, 2016, the SEC announced Jane Norberg as the new chief of the SEC’s Office of the Whistleblower. Ms. Norberg said: “It has been an honor serving in the roles of deputy and acting chief and working with staff…more

Zika Virus: What Do Employers Need to Know?

The spread of the Zika virus across South and Central America, Mexico, and the Caribbean as well as locally acquired infections in parts of the United States, raises various issues for employers. On January 22, 2016, the U.S. Center…more

Can an Expatriate Employee Bring a Claim in the U.K.?

In Jeffery v The British Council UKEAT/0036/16, the Employment Appeal Tribunal (EAT) considered whether an expatriate employee could bring claims under U.K. employment legislation. Mr Jeffery was employed by a public body, the…more

FERC Seeks Comments on Potential Changes to Review of Mergers and Acquisitions

The Federal Energy Regulatory Commission (“FERC” or “Commission”) has asked for comments on procedures established for its review of mergers and acquisitions pursuant to section 203 of the Federal Power Act (“FPA”). In a Notice of…more

EEOC Small Business Resource Center: Two thumbs up!

I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just below or at…more

Outdated Business Associate Agreement Leads to Another Six-Figure HIPAA Settlement

On September 23, 2016, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Care New England Health System (CNEHS) agreed to pay $400,000 and enter into a corrective action plan with the…more

CFPB Announces that ECOA Protects LGBT Persons From Discrimination in Lending

This summer, the Consumer Financial Protection Bureau (CFPB) was asked by an LGBT advocacy group whether the provision of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691 et seq., that prohibits discrimination on the basis of…more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the centerpiece…more

Lemon Laws: Potentially a Sour Future for Manufacturers of Autonomous Vehicles

Lemon laws have existed for several decades to protect consumers from permanently defected vehicles. Though they may vary state to state, lemon laws generally require manufacturers to replace or reimburse consumers for vehicles that…more

Proposed “Endangered” Listing for Rusty Patched Bumble Bee Creates a Buzz in the Energy Industry

On September 22, 2016 the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the federal Endangered Species Act (the ESA). If enacted, the…more

When Employers Don't Recognize an Employee's Notice of the Need for FMLA Leave, They Pay the Price

As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail. Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating…more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising and Consumer Privacy"

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues in social…more

South Africa Newsletter - September 2016

South Africa’s diverse economy, strategic role in Africa and political history create a unique business and regulatory environment. The Dentons South Africa Newsletter will help you keep abreast of issues that affect doing business in…more

Disability Discrimination and Protection of Pay

In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination. Mr Powell could longer perform his role as an…more

Blog: #Brexit: Can a minister decide to give the UK’s notice to quit, or is that Parliament’s job? High Court papers published

On 13 and 17 October 2016, the High Court will be asked to decide whether a UK government minister can decide to give the UK’s (so called) article 50 notice to quit the European Union, without being authorised to make the decision…more

Executive Orders for Zika Virus Provide New Development Approval Extension Opportunity

This summer Governor Scott issued an emergency declaration applicable to 24 Florida Counties, due to an outbreak of the Zika virus. Florida Statute 252.363 provides an extension for permits and authorizations when the Governor declares…more

[Video]FCPA Compliance Report-Episode 281-SCCE CEI Wrap-up, Part I

In this episode, I sit down with 4 top compliance commentators to discuss the SCCE 2016 Compliance and Ethics Institute conference. The panelists include Jay Rosen, Jonathan Armstrong, Mike Volkov, Matt Kelly and myself. We discuss our…more

The Oman Update - 1161

Amending certain provisions of the rules and conditions for the election of members of boards of directors of public joint stock companies, and the provisions relating to their responsibilities (issued by MD 137/2002)…more

Pleading Tortious Interference With Prospective Business Relations Claim

The Delaware Court of Chancery's recent decision in Chapter 7 Trustee Constantino Flores v. Strauss Water, C.A. No. 11141-VCS (Del. Ch. Sept. 22), covers many familiar aspects of Delaware law, such as the importance of contracts under…more

Tenth Circuit Applies the Bevill Standard

Although corporations' in-house and outside lawyers should scrupulously avoid accidentally creating an attorney-client relationship with employees, they can also rely on what amounts to a favorable default rule — articulated in In re…more

Another Setback For TCCWNA Plaintiffs: New Jersey Appellate Division Reigns In Interpretation of “Consumer” and “Consumer Contracts”

This past year, the plaintiffs’ bar has been aggressively pursuing class action claims under New Jersey’s Truth-in-Consumer Contract and Warranty Notification Act (“TCCWNA”), N.J.S.A. 56:12-14, et seq.—presumably because of its…more

Was There a Service Provision Change?

In CT Plus (Yorkshire) CIC v Black and others UKEAT/0035/16, the Employment Appeal Tribunal (EAT) considered whether TUPE applied when a park-and-ride service was changed. Hull City Council engaged a bus company called CTP to…more

Good-Bye to Arnold Palmer and Revolutionizing Compliance

The golfing world and the world of beverages lost one of their giants earlier this week. I, of course, refer to golfing and beverage legend Arnold Palmer. The legend around the beverage is that at dinner one evening Palmer ordered his…more

Governors Publish Open Letter To Administrator McCarthy Requesting End Of RVP Limit On E15

On September 13, 2016, governors of seven ethanol producing states wrote to EPA Administrator Gina McCarthy requesting the removal of the Reid Vapor Pressure (RVP) limit on E15. RVP measures gasoline volatility, and E10 receives a one…more

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class allegations…more

Arizona Court of Appeals Deals Fatal Blow to "Take-Home" Asbestos Exposure Lawsuits

In a recent published opinion, the Arizona Court of Appeals held that an employer does not owe a duty of care to the child of an employee who contracts mesothelioma from asbestos brought home on the employee’s work clothes, dealing a…more

CFPB discusses handling of student loan partial prepayments by servicers

In a new blog post by Student Loan Ombudsman Seth Frotman, the CFPB discusses its concerns regarding how student loan servicers may be responding to borrowers seeking to make partial prepayments on their student loans and provides…more

Match Made in Heaven: Compliance and Human Resources

The corporate compliance function is only as successful as its partnerships with key internal constituencies. Depending on the company and the personnel involved, compliance has to establish and maintain effective working partnerships…more

UPCO Sued By EEOC for Disability Discrimination

Claremore Manufacturer Denied Permanent Job to Temp Because of Questionable Medical Exam, Federal Agency Charges - ST. LOUIS - UPCO, Inc., a Claremore-Okla.-based leading manufacturer of sucker rods and accessories for the oil and…more

Hedge Fund Wins $40 Million Defamation Judgment

Following a three-week trial in New Jersey Superior Court, a jury awarded $40 million to NuWave Investment Corp., a hedge fund based in Parsippany, New Jersey. The case centered around reports provided to prospective investors between…more

NLRB’s new ‘joint employer’ standard threatens business interests

The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the NLRB has…more

An Update to our Latest Article on Electronic Travel Authorization Becomes Mandatory

Only days before the electronic Travel Authorization (eTA) requirement was to become mandatory for all visa-exempt foreign nationals* the Government of Canada announced its decision to extend the leniency period to November 9, 2016…more

EEOC Task Force Offers Expansive Recommendations for Updating Anti-Harassment Policies and Training

This summer, the Equal Employment Opportunity Commission (“EEOC”) issued a 127-page document titled “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace” (“Report”). Among other things, the…more

Two Lawsuits Hope to Put the Brakes on Overtime Rule Changes

With a December 1 deadline looming, millions of employers across the country are scrambling to implement new compensation and classification practices in response to the U.S. Department of Labor’s (DOL) new overtime rule, announced in…more

New York DFS Announces New Proposed Cybersecurity Regulations

On September 13, 2016, the New York State Department of Financial Services (“DFS”) released proposed cybersecurity regulations for financial institutions.1 When the regulations become effective, they will make New York the first state…more

Trump, Clinton Talk Workplace Law At First Debate

The topic of labor and employment law made an early appearance at last night’s presidential debate between Democratic candidate Hillary Clinton and Republican candidate Donald Trump. Although typically not a needle-moving topic…more

Inherent Disclosure Satisfied Written Description

In Yeda Research and Development Co., Ltd. v. Abbott GMBH & Co. KG, Slip Op. 2015-1662 (Fed. Cir. 2016), the Federal Circuit held that a claim to an isolated protein described by its partial amino acid sequence satisfies 35 U.S.C. §…more

Regulatory and Product Liability Overview for Distributors of Food Products in California

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product manufacturers and…more

Life’s Work: How Aileen Casanave Pursues Her Passions, Grows as an Attorney, and Impacts Her Community Through Board Service

People hear the word ‘boards’ and they make many assumptions. Many of them are simply false,” says Aileen Casanave, deputy general counsel at Jiff, Inc. Jiff, Inc. helps companies lower healthcare costs and cultivate happier…more

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The members of our False Advertising & Trademark Group bring decades of collective experience to the representation of many of the world’s largest and most iconic companies. We are litigators who…

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