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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

Federal Website Lawsuits Top 100 As New Wave Of Demand Letters Hits Community Banks

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses need advice now on how to manage risk in this chaotic environment…more

Investigators Continue to Scrutinize Climate Change Disclosures

Critics Claim “Intimidation” - Earlier this month, on September 14, 2016, feuding parties gathered before the House Committee on Science, Space and Technology to address the legitimacy of subpoenas sent to the New York and…more

ZAG-S&W Represents Nano Dimension Ltd in U.S. NASDAQ ADS Public Offering

A ZAG-S&W Team announced that it represented Nano Dimension Ltd, a leader in the field of 3D Printed Electronics (NASDAQ, TASE: NNDM), in its public offering of 1,850,000 American Depositary Shares (ADSs) at a price of $6.50 per ADS…more

Social Copycats: Is a Social Media User Infringing On Your Intellectual Property Rights?

Social media platforms present great opportunity for brands to gain visibility and attract followers.   But what if another user is using your brand name or a confusingly similar brand name to promote a competing business?  Or, what if…more

Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition

On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision provides…more

Upcoming CLE examines ways to avoid tax traps in life insurance

Beware that an employer-owned life insurance contract might not qualify for the usual exclusion from regular income tax. An “employer-owned life insurance contract” (a term that applied to much more than one would think) does not…more

Employers Act Even Before Additional Protections for Victims of Domestic Violence Are Law

California Gov. Jerry Brown recently signed AB 2337, strengthening the job protections for victims of domestic violence, and ensuring those who work for employers with 25 or more employees are notified of protected time-off rights for…more

The ERISA Litigation Newsletter - September 2016

Editor's Overview - This month, we have re-published an interview of our colleague Seth Safra discussing the Department of Labor’s final regulation concerning fiduciaries and conflicts of interest. In this interview, Seth…more

International Task Force to Review Cyber Security of Wholesale Payments

The Bank for International Settlements' Committee on Payments and Market Infrastructures announced that it had established a task force to review the security of wholesale payments that involve banks, financial market infrastructures…more

Court in LendingClub Class Action Requires Due Diligence by Lead Plaintiff Before Approving Lead Counsel

In a recent decision in the now-consolidated LendingClub class action cases, Judge William Alsup of the Northern District of California appointed a lead plaintiff but unexpectedly declined to appoint lead counsel at the same time…more

Structural Element Does Not Make Method Claims Indefinite

In Cox Communications, Inc. v. Sprint Communication Company LP, [2016-1013] (September 23, 2016), the Federal Circuit reversed the district court’s determination that the asserted claims of U.S. Patent Nos. 6,452,932; 6,463,052;…more

Insights Conversations: How Government Health Care Investigations May Be Shifting

The Department of Justice (DOJ) has long had the advantage when investigating False Claims Act (FCA) cases against health care companies. However, recent changes in the courts, including a unanimous U.S. Supreme Court decision, seem…more

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing obligations to…more

GMO Food Labels, Our Emotions and the “Rationalist’s Delusion”

Politicians often referred to a 90% consumer preference for food labels signaling the existence of genetically modified ingredients—or GMOs as they are known—during this year’s congressional hearings regarding the now enacted “National…more

Employment Law - September 2016 #2

California Appellate Court Moves Associational Disability Claims Forward - Why it matters - Recognizing associational disability claims, a California appellate panel ruled that an employee's claim for disability…more

Massachusetts Determination of Need Proposal Would Implement State Health Policy Initiatives in Updating DoN Regulations

On September 21, the Massachusetts Department of Public Health conducted the first of two public hearings on proposed changes to the Determination of Need (DoN) regulations. The Proposal would implement significant changes impacting…more

Billing Companies Beware – OIG Signals a Crack Down on Fraud and Abuse at All Levels

In an unprecedented administrative action, the U.S. Department of Health & Human Services Office of the Inspector General (“HHS-OIG”) penalized a medical billing company for preparing and submitting claims to Medicare for diagnostic…more

CFPB and California Announce Enforcement Actions Against Online Lender

On Tuesday, September 27, 2016, the CFPB and the California Department of Business Oversight (“DBO”) announced separate enforcement actions against Flurish, Inc., an online lender that does business as “LendUp” in California and two…more

CentsAbility: Creditors' Rights Law Update - South Carolina Court of Appeals applies Uniform Commercial Code Six-Year Statute of Limitations

This summer, the South Carolina Court of Appeals decided the appeal of Coastal Federal Credit Union v. Brown. The Court had to determine which statute of limitations applied to the credit union’s action to collect a deficiency…more

The Impact of Brexit on Debt Capital Markets

On 23 June 2016, the UK electorate voted in favour of exiting the European Union. Whilst the UK will not leave the EU in the immediate future, issuers of, and investors in, existing debt capital market transactions or those issuers…more

Chapter 12 family farmer cases in Missouri: A look inside the numbers

Chapter 12 of the Bankruptcy Code, enacted in 1987, provides relief to family farmers facing financial distress. Chapter 12 is available exclusively for family farmers that want to reorganize their financial affairs. While Chapter 12…more

Do I Owe Income Taxes When I Rent Out My Home?

Over the summer, Brad Bevos’ company relocated him from Austin to Springfield, Illinois. A University of Texas alum and huge Longhorn football fan, the move bummed Brad because he won’t be able to attend home games this season…more

Food For Thought: How Delivery-Only Food Service Is Impacting Retail Real Estate

Today’s consumer is a tricky one – she is impatient and demanding. She requires excellent service in the blink of an eye (or perhaps, more appropriately, in the swipe of a finger), and likes to eat meals made with high quality…more

Minimizing Tax on Gain from the Sale of Stock of Latin American CFCs

The United States currently has only two income tax treaties in effect with Latin American jurisdictions: Mexico and Venezuela. As a result, most individual taxpayers who recognize gain from the sale of stock of a controlled foreign…more

Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the Department…more

Proposed Regulation Issued Under New York State’s “Zombie Properties” Law: Law Firm, Attorneys, New York

The New York State Department of Financial Services (“DFS”) has proposed a new regulation (the “Proposed Regulation”) that will require mortgage lenders and servicers to report vacant and abandoned properties in accordance with the New…more

New Mexico Pit Rule Survives Challenge by Enviro Group

In a case displaying the tactics of anti-fossil fuel advocates, Earthworks’ Oil & Gas Accountability Project v. New Mexico Oil Conservation Commission, a court rejected a challenge to the Commission’s amendment of the “Pit Rule”. This…more

I’m Not a Lawyer – I’m a Race Car Driver – P3 Stage 2: Perform

I started the inaugural entry in this blog with the statement I’m not a lawyer, I’m a race car driver. Just after posting that entry, I had a race weekend and I wrote about the first facet of the P3 theme I introduced to you…more

Hot Topics in Employer Health Benefits

As we start looking forward to 2017, and as many employers head into annual enrollment periods this fall, employers need to be aware of recent changes in the law that have a significant impact on health benefit plans. This short list…more

Your 401(k) Plan "Brokerage Window" May Require An S-8 Registration

New guidance from the Securities Exchange Commission requires issuers to take a fresh look at their 401(k) plans. On September 22, 2016, the SEC’s Division of Corporation Finance released a Compliance and Disclosure Interpretation…more

Just Say No to Automatic Post-Accident Drug-Testing

Do you automatically drug-test after all work-related injuries or accidents? If so, you should change your policy immediately in light of the Occupational Safety and Health Administration’s new reporting Rule, which went into effect on…more

Saudi Arabia Update - September 2016

As per the new Companies Law that came into effect on 2 May 2016 and which we have described in previous updates, single owner LLCs may be formed – whereas previously a minimum of two shareholders was required…more

Massachusetts State Building Code Update: Amendments to 8th Edition adopted effective August 12th with Concurrency Period until January 1, 2017

The following is an update to the G&S advisory published in January 2016 regarding the proposed amendments to the Massachusetts State Building Code. On July 19, 2016, the Massachusetts Board of Building Regulations and Standards…more

Second Circuit Sides With AmEx, Reversing Lower Court Victory for DOJ

The United States Court of Appeals for the Second Circuit, a highly influential appellate court sitting in New York, on September 26 issued a unanimous ruling with major implications for antitrust and unfair competition laws, the…more

Successfully Selling Your Business: 4 Tips – No Matter the Buyer

Among the growing number of business owners looking to sell their business, JR and Sue Ellen Pawlenty are in the market to sell their company Pawlenty Energy. Recently Tilting the Scales highlighted Successfully Selling Your Business:…more

Pay Raises Across the Nation? Not So Fast Say Several States and Business Groups: 21 States and 55 Business Groups Challenge New Federal Overtime Rule

On Tuesday, September 20, 2016, twenty-one states filed a complaint in federal court in Texas challenging the new overtime rule finalized by the Department of Labor (“DOL”) in May of this year. The States seek to prevent…more

[Event] "Americas Labor & Employment Law Conference: Managing a workforce across the Americas and beyond" - Dec. 8th-9th, Miami, FL

Attorneys from FordHarrison and Ius Laboris, the global Alliance of leading labor and employment law firms, will join in-house counsel to discuss the many challenges faced by multinational companies. The conference is aimed at in-house…more

Unsecured Creditors May Expect Better Recoveries in Bankruptcy

On August 31, 2016, United States Bankruptcy Judge Robert A. Mark ruled that a bankruptcy trustee can pursue avoidance of property transfers that occurred nearly ten years before the debtor’s bankruptcy filing. The proceedings are…more

FDA to Redefine “Healthy;” Requests Public Comment and Issues New Guidance

FDA hinted in May that it was planning to reconsider its longstanding and controversial criteria for using the term “healthy.” Today, it announced the beginning of the formal process to make changes to the definition of the term. The…more

Amgen’s Humira Biosimilar Becomes the Fourth FDA Approved Biosimilar

On Friday, September 23, the FDA approved its fourth biosimilar, Amgen’s biosimilar version of AbbVie’s Humira®. Amgen’s biosimilar, Amjevita®, has been approved for treatment of rheumatoid arthritis, juvenile idiopathic arthritis…more

CMS to Scrutinize Hospice Election Statements, Physician Certifications

As a result of an Office of Inspector General (OIG) report released in September 2016, hospice providers can expect increased survey focus on the content of their hospice election forms and on physician certifications of terminal…more

Illinois Supreme Court Strikes Down Law Allowing for Six Person Juries

On September 22, 2016, the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377, struck down Public Act 98-1132 (the “Act”), which limited the size of a civil jury to six persons and increased the amount paid per day to jurors…more

IRS Proposes Regulations That Would Increase Wealth Transfer Taxes in Family-Controlled Entities

The Internal Revenue Service (IRS) proposed regulations on August 2, 2016, under which transfers to family members of interests in family-controlled entities — including partnerships, limited liability companies (LLCs) and corporations…more

New Seattle Ordinance Restricts Scheduling Practices

Many of us are familiar with the lyrics of Dolly Parton: “Workin’ 9 to 5, what a way to make a livin’…” A predictable work schedule, however, is not so universal in the retail and food services businesses. For many employers in these…more

The European Digital Single Market Strategy and Related Copyright Law Implications: The Status Quo

The internet and digital technologies are indispensable for individuals and businesses across Europe and globally. It is estimated that by eliminating major barriers and fragmentations within the European digital market, an additional…more

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At a time of huge change in the legal industry, we are determined to continue leading the market as we have throughout our 83-year history. We’ll do that by staying one step ahead and by constantly…

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