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NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated the National…more

Act 39 of 2016: RAMP and Surcharge Changes Applicable to all License Holders - NMM Liquor Law Blog

On June 13, 2016, Governor Wolf signed into law House Bill 1690, otherwise known as Act 39 of 2016, which is considered one of the most significant liquor reform bills since Prohibition. Today’s blog, a continuation of our series on…more

Arizona Supreme Court Confirms Abolishment of Original Tortfeasor Rule

For more than thirty years, Arizona law has allowed juries to allocate fault among all who contribute to an injury. On July 18, 2016, the Arizona Supreme Court unanimously re-affirmed Arizona’s commitment to “comparative fault” by…more

Can Using Social Media Lead to a Lawsuit?

In an era where technology is not only constantly evolving, but prevalent in nearly every aspect of our lives, it is only fitting to discuss the legal implications of social media. This includes everything from defamation and privacy…more

EPA Issues Final Rule to Protect the Public from Exposure to Formaldehyde

Today the EPA issued its final rule related to formaldehyde emissions standards. This rule will affect manufacturers, importers, distributors, and retailers of furniture manufactured with composite woods (hardwood plywood made with a…more

FinCEN Targets More Real Estate Deals for AML

Today, the Financial Crimes Enforcement Network (FinCEN) announced, effective August 28, 2016golden and continuing for 180 days, it is expanding its earlier Geographic Targeting Orders (GTO) requiring information about the natural…more

A Bump in the Road for California’s Piece Rate Employers

On Monday, July 25, 2016, the Fresno County Superior Court denied a request to postpone the deadline for qualified employers to notify the Department of Industrial Relations (DIR) of their election to participate in the affirmative…more

The “Most Contentious Issue” — Federal Preemption in the Amended Toxic Substances Control Act

This client alert is the third in a series that discusses the significant changes instituted by the passage of a new federal Toxic Substances Control Act. The first alert addressed broadly the law’s myriad of changes. The second…more

Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small Car Wash/Coffee Shop Project, Rejects Appellants’ Attempt To Invoke Unusual Circumstances Exception

In a published opinion filed July 21, 2016, the Second District Court of Appeal affirmed the trial court’s judgment rejecting plaintiffs/residential neighbors’ (“Appellants”) CEQA challenge to the City of Redondo Beach’s (“City”)…more

Is the US Olympic Committee’s #TwitterBan Fair or Foul?

The 2016 Summer Olympics will officially* begin in eight days. Yet the U.S. Olympic Committee’s (USOC) efforts to enforce the Olympic trademarks are truly an eternal battle. While the USOC has a reputation for aggressively enforcing…more

Department of Labor Updates ERISA’s Civil Penalties

Pursuant to recently amended federal legislation, the Department of Labor (DOL), among several other federal agencies, is increasing its civil monetary penalties to adjust for inflation. Among the penalties to be increased are those…more

Saudi Arabia Update - July 2016

Legal Developments - Liberalization of Wholesale and Retail Trade Sector – 100% Foreign Ownership Allowed - Introduction - As was described in our September 2015 KSA Update, the Saudi Arabian authorities recently made…more

Pokémon Go Presents Real Privacy Concerns in the (Semi-)Virtual World

?Pokémon Go is an augmented reality game developed by Niantic (a Google affiliate) and Nintendo. Players navigate real world locations capturing and training virtual “Pokémon” creatures with their iOS and Android smartphones. It is…more

Chicago Pacific Founders Closes Inaugural Fund at $325 Million

Chicago Pacific Founders has announced it has closed its debut fund. The fund was oversubscribed at its $325 million hard cap…more

New Amendments to Pennsylvania’s Unclaimed Property Law (2016)

Significant changes affecting all holders of unclaimed property were included in amendments to Pennsylvania’s Fiscal Code adopted as part of the state’s 2016-17 budget. The amendments establish requirements for the notification of…more

Colorado Amends Discrimination Law to Accommodate Pregnant and Post-Partum Employees

On June 1, 2016, Gov. Hickenlooper signed into law Colorado House Bill 16-1438, requiring employers to provide reasonable accommodations for pregnant and post-partum employees (specifically, for applicants or employees with “health…more

Can You Reverse an Uninsured Motorist Arbitration Award?

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things Uninsured and Underinsured, including UM/UIM Arbitrations. While UM/UIM arbitrations provide a relatively inexpensive and prompt result, many drivers…more

Why You Should Care About Federal Computer Privacy

An often-stated truth is that you shouldn’t access the email of others. Here, “others” means the person you have divorced, are now divorcing, or plan to divorce in the not too distant future. No matter how often this is said, it’s…more

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer Fraud and…more

Did You Really Accept That Bid? – How Contractors Can Avoid Post-Acceptance Bid Disputes Over Contract Terms

When California general contractors submit bids to an owner, can they force their subcontractors to honor their bids? Can they recover damages if the subcontractor later refuses to do so? While the general rule in California is…more

The “Fix Crowdfunding Act” – What It Fixes And What It Doesn’t Fix

In early June, the U.S. House of Representatives, Financial Services Committee, approved the “Fix Crowdfunding Act” bill (or HR 4855). Maybe it’s the title of the bill that is misleading, but since then I have seen multiple articles…more

Merck & Cie v. Watson Labs., Inc.

Case Name: Merck & Cie v. Watson Labs., Inc., 2015-2063, -2064, 2016 U.S. App. LEXIS 8782 (Fed. Cir. May 13, 2016) (Circuit Judges Dyk, Mayer, and Hughes presiding; Opinion by Mayer, J.) (Appeal from D. Del., Andrews, J.) - Drug…more

Starting an en bloc sale - Salient issues to consider

When Chinese developer Qingjian Realty signed a conditional contract to buy the 358 units Shunfu Ville for S$638 million in May this year, some believe that this could herald the dawn of a new wave of collective or en bloc sales in…more

Can Reference Product Sponsor Forfeit Right To Sue Under BPCIA?

Originally posted in Law360, July 25, 2016. In Amgen Inc. v. Apotex Inc., the Federal Circuit addressed the 180-day notice provision of the Biologics Price Competition and Innovation Act of 2009 where the parties had engaged in…more

New Requirements for Employers of STEM OPT Students — Seven Extra Months for Seven Extra Requirements

The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training plan as…more

Television Broadcasts Limited v Communications Authority & Anor [2016] HKCU 222

On 29 January 2016, the Hong Kong Court of First Instance handed down its eagerly awaited judgment in a judicial review application brought by Television Broadcasts Limited (“TVB") against the Communications Authority (“CA”) and the…more

What's the Future of Hospitality and Tourism in Cuba as U.S. Embargo Loosens?

The loosening of the U.S. trade embargo on Cuba has generated significant discussion regarding the country's potential for economic transformation. Most analysts agree that Cuba will be a very different country 10 years from now;…more

Unplanned EHR Disruptions–Common for Hospitals

The prevalence of ransomware attacks is increasing. In fact, “[o]n average, more than 4,000 ransomware attacks have occurred daily since January 1, 2016,” according to a recent interagency government report. Given this known threat…more

Tough Love - Philadelphia's New Wage Theft Law Carries A Mighty Punch (Or Does It)

Over the past several years, wage and hour litigation has increased dramatically. In addition to focusing on employee classification issues, i.e. exempt vs. non exempt status and independent contractor vs. employee, the issue of "wage…more

Standing in Foreclosure Cases: Still a Recurring Issue

On July 13, 2016, Florida’s Fourth District Court of Appeal held that summary judgment was improperly entered because an affidavit filed by a substitute plaintiff conflicted with the mortgage foreclosure complaint as to what entity…more

Sealed Air Sued By EEOC for Sex-Based Pay and National Origin Discrimination

Federal Agency Charges Sealed Air Corp., d/b/a Kevothermal LLC, Paid Female Production Supervisor Less Than Male, Imposed Language Restriction - Albuquerque, NM. -Sealed Air Corporation, a protective packaging business, violated…more

Pennsylvania’s 2016–2017 Revenue Budget Bill Includes Tax Amnesty and Extends Sales Tax to Digital Products

Action Item: A new Pennsylvania tax amnesty program is coming. It was enacted as part of the state’s 2016–2017 budget process. Taxpayers with unfiled state tax returns or returns that need to be amended will be able to pay the tax and…more

Your daily dose of financial news - The Brief – 7.28.16

A pair of whistleblowers is seeking discovery-related sanctions against Wells Fargo for allegedly concealing “crucial evidence” for their False Claims Act claims over fees added to government-backed mortgages…more

Update: Can the University of Kentucky Own Exclusive Rights in KENTUCKY for Clothing?

In a prior posting, we discussed a recent case in which the University of Kentucky claimed exclusive trademark rights in KENTUCKY for clothing. The University protested the use by a small brewer, Colin Fultz, of his mark KENTUCKY…more

U.S. Tax Court Gives Strong Boost to Computer-Assisted Review

On July 13, 2016, in Dynamo Holdings Limited P’ship v. Comm’r, the U.S. Tax Court strongly defended the taxpayer’s use of computer-assisted review in a dispute with the IRS. In a 2014 decision in the same case, the Tax Court had…more

Are you Ready for the Extension of the Unfair Contract Terms Regime to Franchise Agreements?

Since 2010, the Australian Consumer Law (ACL) and the ASIC Act have prohibited and made void terms in standard form contracts with consumers that were unfair. From 12 November 2016, the Unfair Contract Terms regime (UCT Regime)…more

Massachusetts Governor Signs Act Granting Paid Leave to Veterans Participating in Veterans Day Activities and Adds “Veteran Status” As a Protected Class

Seyfarth Synopsis: In July 2016, Governor Charlie Baker signed into law An Act Relative to Housing, Operations, Military Service, and Enrichment (“The HOME Act”). The HOME Act requires employers to provide paid leave to veterans…more

“Be in the Space You Want to Be in.”

My friend John Chisholm sent me an article on why diversity programs in law firms are failing. (Talk about a small world–An Aussie sending an article from a Canadian publication to a guy in Chicago!) The article includes this quote…more

Alert to Contractors – California Court of Appeals (2d App. Dist.) Rules Subcontractor Price in Proposal Containing Material Conditions Rejected By Contractor Not Enforceable Notwithstanding Contractor Reliance

Flintco Pacific, Inc. v. TEC Management Consultants, Inc., 2016 Cal. App. LEXIS 594 (Cal. App. 2d Dist. June 21, 2016) - There was an important California decision published on July 19, 2016 (decided June 21, 2016) regarding…more

Recent Developments in Mental Health Benefit Denials

The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for physical conditions, and that financial Requirements and treatment…more

IT, Commercial and Outsourcing Contracts: Brexit Top 10

According to Theresa May, the UK’s recently installed prime minister, Brexit means Brexit. But what this actually means in practice is still unknown. There is still a huge amount of debate over what Brexit will look like, what process…more

Overriding Interest

Welcome to the latest edition of Overriding Interest. Inside this issue: - Brexit and the Real Estate Sector—Impacts - Forfeiture: The Right of Re-Entry - New Joiners, Events & Announcements - Cases Please see…more

Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download source lists…more

Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide

The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so, and the…more

First Circuit Affirms Another Insider-Trading Conviction

On July 26, 2016, the U.S. Court of Appeals for the First Circuit affirmed another conviction in a pair of appeals arising from insider-trading prosecutions. The decision in United States v. McPhail confirms that, under current First…more

Federal Circuit Explains Burden Shifting in IPRs

In re Magnum Oil Tools International, Ltd., __ F.3d __ (Fed. Cir. July 25, 2016) (Newman, O’MALLEY, Chen) (PTAB) (4 of 5 stars) The highly truncated nature of inter partes review (IPR) proceedings has led to concerns about parties…more

Seventh Circuit Clarifies Rules for Compensating Tipped Employees Performing Non-tipped Work

The Fair Labor Standards Act (FLSA) and most states permit restaurants to pay tipped employees a tip-credit rate, an amount less than the minimum wage with the expectation that tips will make up the difference. It goes without saying…more

University of Mississippi Medical Center settles HIPAA violations for $2.75M

The Office for Civil Rights (OCR) has obtained another big settlement from a covered entity resulting from a data breach. This most recent settlement of fines and penalties and a Resolution Agreement is with the University of…more

MTC Annual Meeting Update: MTC Approves Model Sales and Use Tax Nexus Statute

The Multistate Tax Commission (“MTC”) held its Annual Commission Meeting on July 27, 2016. Of note, the MTC voted to adopt the Model Sales and Use Tax Nexus Statute. In addition, the Arm’s-Length Adjustment Service Committee (“ALAS”)…more

Blog: European Commission considers database to end crypto-currency anonymity

The European Commission has published a proposal that, if made and brought into force, will amend the 4th Anti-money Laundering Directive (4AMLD) before the Member States are required to transpose it into their national laws. To…more

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