Latest Updates

FINRA Proposes Broad Range of Amendments to Corporate Financing Rule

On April 12, 2017, the US Financial Industry Regulatory Authority, Inc. (“FINRA”) published proposed amendments to FINRA Rule 5110, which regulates the terms and arrangements of securities underwriting conducted by FINRA member… more

In Case You Missed It - Interesting Items for Corporate Counsel - April 2017

A host of things happened in the last few months regarding Conflict Minerals, although likely not much that will affect what a public company reports on its Form SD, due May 31. (Spoiler alert: The same thing companies have reported in… more

Soundboard Technology Calls Qualify as Robocalls Under TCPA

This past Monday, the United States District Court for the District of Columbia upheld a Federal Trade Commission (“FTC”) interpretation of the Telephone Consumer Protection Act (“TCPA”) which held that marketing calls placed through… more

Sixth Circuit Dismisses ERISA Stock Drop Action Against Cliffs Natural Resources

The Sixth Circuit affirmed the dismissal of ERISA stock drop claims by participants in the Cliffs Natural Resources’ 401(k) Plan. The participants alleged fiduciary breach claims based on public and non-public information arising out… more

Facial Recognition Technology: A How-To Guide

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of known individuals. Organizations may… more

This Week In Securities Litigation

Two former senior executives of Magyar Telecom, controlled by Deutsche Telekom AG, resolved long running FCPA charges with the Commission. The charges stem from the 2011 settlements of the company with the SEC and DOJ tied to… more

Apotex Citizen Petition Seeks to Heighten Regulatory Requirements for Biosimilar Competition

Last week, Apotex filed a Citizen Petition requesting that FDA “take certain actions to ensure a robust approval process” for proposed biosimilars to Amgen’s Neulasta (pegfilgrastim). Among its requests, Apotex asks that FDA require… more

Best Practices Concerning The Fair Housing Act and Sexual Orientation Discrimination

Earlier this month we noted that a federal court in Colorado ruled that the Fair Housing Act (FHA) prohibits discrimination based on sexual orientation (although sexual orientation is not contained in the text of the statute). In that… more

Bermuda Bribery Act: Waiting in the Wings — Implications for the Insurance Industry

The Bribery Act 2016 received Royal Assent on 6 December 2016. When it comes into operation, it will introduce a number of new offences into Bermuda law, including the corporate offence of failure to prevent bribery. Bermuda insurers… more

Allergan, Inc. v. Sandoz, Inc.

Case Name: Allergan, Inc. v. Sandoz, Inc., Nos. 2016-1085, -1160, 2017 U.S. App. LEXIS 4733 (Fed. Cir. Mar. 17, 2017) (Circuit Judges Reyna, Wallach, and Chen presiding; Opinion by Wallach, J.) (Appeal from M.D.N.C., Eagles, J.)… more

Hiatt & Mason Enterprises to Pay $35,000 to Settle EEOC Racial Harassment Lawsuit

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charged - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide other… more

Netflix Commits to Los Angeles. Don’t Expect a Trend.

Netflix handed a pleasant surprise to Hollywood when in announced that it is committing to spend its $6 billion annual budget for original productions in California rather than chasing tax incentives in other states and countries. Ted… more

What to Expect When Buying a Home in Miami

While sellers enjoyed favorable conditions for years, Miami buyers finally have a reason to celebrate. In fact, a recent report placed Miami as the second-best real estate market for buyers… more

Diversity Matters: Note from the Editor - Spring 2017

Every day we celebrate very dynamic women who impact our lives. During March, we highlighted the accomplishments of historical and ceiling-shattering women. Tonya Mitchem Grindon is one such dynamic and ceiling-shattering woman… more

Accidental Franchisor in Hot Water

Safe Step Walk In Tub Co. (“Safe Step”) failed to take the requisite “safe steps” before potentially becoming an accidental franchisor. In Safe Step Walk In Tub Co. v. CKH Industries, Inc., Safe Step filed an action against a licensee… more

China Capital Controls: Best Practices for Accelerating International Payments

Following the depreciation of Chinese currency RMB and the reduction in China’s foreign exchange reserves, foreign companies and individuals in China have met hurdles in moving their money out of China, and overseas companies have… more

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision expands the… more

Special Education Tip - Supreme Court Issues Landmark Decision on the FAPE Standard - 42-2017

We have been eagerly awaiting the decision of the Supreme Court in Endrew F. v. Douglas County School District. On March 22, 2017, in a unanimous decision, the Supreme Court held that to meet its substantive obligation under the IDEA… more

Pooley’s Corner: When Taking Trade Secrets Becomes a Crime

In the recent lawsuit filed against Uber by Waymo for hiring the head of its driverless car project, what would have been a normal discovery dispute over access to a report suddenly became a lot more complicated when the former Waymo… more

ESA Round-Up – April 2017

Despite a slow start to 2017, largely due to the White House Memorandum delaying the effective date of new regulations, the U.S. Fish and Wildlife Service (Service) is picking up steam.  In April 2017, the Service initiated the… more

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s Negligence or Causation To Be Indemnified

Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) - This case arose out of a housing development project, with Amberwood Development Inc. (“Amberwood”)… more

Finding the Perfect Fit: Garment Sizing Technology

Despite the advent of online shopping, many consumers still do not feel comfortable buying clothes online given the risk of receiving clothes that do not fit. This lack of confidence hurts fashion e-retailers, as well as brick and… more

Advertising Litigation Report: Vol. 2, No. 2 - Regulatory

Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take an… more

PowerPoint Slides: Does Your Company's Distribution Strategy Create Legal Risk?

What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel consider when… more

Renewable Alert Letter 28

FIT ID Succession under New Regulations - Amendments to Japan's FIT Act went into force on April 1, 2017. Among the related systems and procedures being overhauled, this Alert Letter focuses on a number of points related to… more

[Video]Does Your Company's Distribution Strategy Create Legal Risk?

What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel consider when… more

Debit Card Swipe Fees Only Hurdle to Dodd-Frank Repeal?

Respecting a issue of great importance to the franchise community, Bloomberg Law this morning is reporting that repealing a cap on debit card transaction fees is the only issue holding up an otherwise unified Republican bill to revamp… more

[Audio]Episode 12: NYAG Civil Rights Bureau Chief Lourdes Rosado

Matt welcomes Lourdes Rosado, Bureau Chief, Civil Rights Bureau of the New York Attorney General Office, to discuss her professional background advocating for children’s rights and criminal justice reform, the NYAG's broad ability to… more

Top 10 Tips for Social Media Use When Divorcing

Hi there, Social media can become very problematic in a divorce case. Divorce lawyers, myself included, consider it a treasure trove of potentially useful information.We can obtain your online credentials and passwords in a… more

What Famous Quarterback Named Elisha Allegedly Provided Fake Helmets To Sports Dealers?

Elisha is the two time Super Bowl MVP New York Giants quarterback Eli Manning. Collecting equipment used, or uniforms worn, during an NFL game is big business. Young and old alike want these items to feel close to their favorite… more

Strike-Out For Claimant Who Spoke To A Journalist Whilst Under Oath

Under the Employment Tribunal Rules of Procedure, a tribunal has the power to strike out a claim or response at any stage either on its own initiative, or following an application from another party for a number of prescribed reasons… more

Delaware Supreme Court Redefines Contractual Good-Faith Standard and Cautions Limited Partners That Their Obligations Under the LPA Can Be Enlarged without Their Consent

Brinckerhoff v. Enbridge Energy Company Inc., Del. Supr., No. 273, 2016 (Mar. 20, 2017; revised Mar. 28, 2017) is the fifth opinion issued by the Delaware courts relating to the joint venture between Enbridge, Inc. (Enbridge), and… more

How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?

Woodland Hills Personal injury attorney Barry P. Goldberg often answers the question “How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?” Why? Because huge numbers of California drivers are uninsured and cause… more

Blog: As the Department of Education Revisits the Gainful Employment Rule California Legislators Propose a State Alternative

With continued questions about the Trump Administration’s commitment to Obama-era regulations, including the Gainful Employment (GE) Rule, one state is ready to jump into the fray and offer its own state-based alternative to the… more

Accolade Partners Closes Sixth Fund at $235 Million

Accolade Partners has announced it has raised $235 million for its sixth fund, Accolade VI. Accolade Partners, headquartered in Washington, D.C., and founded in 2000, is a venture capital and growth equity investment firm focused… more

Bipartisan Senate Regulatory Accountability Act Adds Another Important Element to Reform Efforts

On April 26, Senators Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced a bipartisan bill, the Regulatory Accountability Act of 2017 that would codify several existing Executive Orders ("EO") and impose new requirements on agency… more

First HIPAA Settlement Involving a Wireless Health Services Provider

?On April 24, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that CardioNet, Inc. (CNI) agreed to pay $2.5 million and enter into a Corrective Action Plan (CAP) to settle alleged… more

False Advertising – Class Action Defense

Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are to regular… more

Federal Contractor To Pay Nearly $1.66 Million To Settle Hiring Bias Allegations by OFCCP

A computer technology company’s recent $1.6 million settlement with the Office of Federal Contract Compliance Programs is a stark reminder that federal contractors must ensure their hiring policies do not have any unlawful… more

Earn-Outs in M&A Transactions: Red Flag Issues that Government Contractors Should Avoid

Government contractors who wish to grow by purchasing an existing business are aware of one simple truth: The value of the target is linked directly to its ability to transfer its existing contracts. If there is a high risk… more

Department Of Justice “DOJ” Issues Evaluation Of Corporate Compliance Programs

Since DOJ hired Hui Chen, its corporate compliance expert, in November 2015, rumors have circulated that DOJ intended to release a list of questions to ask every company that comes into DOJ to explain the effectiveness of its… more

New Case Lends Support to the Position that Public Universities Are Immune from False Claims Act Liability

Public universities have a new case to add to their defense arsenal should they find themselves as a defendant in a False Claims Act (FCA) case. On April 11, 2017, in United States et al v. Oregon Health and Sciences University, an… more

Deeper Dive: Be Prepared for Regulatory Investigations in the Wake of a Security Incident

Your company had a data security event. After an investigation, it was determined that notifications were required, and the incident was made public as a result. Notification letters were mailed and regulators were notified, all in… more

FCC Enforcement Monitor ~ April 2017

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: Michigan… more

UN Seeks Comments on Blockchain Technology

Following the trend of regulators across the globe, the United Nations Office for Project Services’ (“UNOPS”) issued a request for information regarding the application of blockchain technologies on April 24, 2017. The UNOPS has… more

Which Area of Law Has Justice Werdegar Written the Most Civil Majority Opinions In?

Last week, we began our statistical retrospective of Justice Kathryn M. Werdegar’s twenty-three years on the California Supreme Court. Today, we further consider Justice Werdegar’s majority opinions and dissents in civil… more

The ESAs Published a Joint Committee Report on Cross-Sector Risks Facing EU Financial System

On April 20, 2017, the Joint Committee of the European Supervisory Authorities (the “ESAs“) published its April 2017 report on risks and vulnerabilities in the EU financial system. The ESA highlights the following main risks to… more

Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

In McDermott Will & Emery LLP v. Superior Court (4/18/2017 – No. G053623), the Fourth Appellate District, in a 2-1 decision, considered two distinct issues: 1. Whether the attorney-client privilege for a confidential e-mail… more

6 Timekeeping Practices That Reduce Your Risk Of Wage-Hour Liability

Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made. (Which makes… more

Preliminary Rules Released for Minneapolis and Saint Paul Sick Leave Ordinances

The City of Minneapolis and the City of Saint Paul have issued their preliminary rules regarding their respective safe and sick leave ordinances, which are scheduled to go into effect on July 1, 2017. These preliminary rules provide… more

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At Constangy, Brooks, Smith & Prophete, LLP, workplace law is all we do—but we’re not your typical law firm. We are a preeminent firm for labor and employment law in the U.S. Our clients tell us…

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