Latest Updates

Goodbye Lois

I treat people the way I want to be treated and I carry a grudge against the select few who didn’t treat me that well. For 7 years now, I’ve made the Managing Attorney of my old law firm as a punching bag of sorts. Sorry, Lois… more

TPS Holders: Time to Review Your Status and Future

The Catholic News Service (“CNS”) reported a new study that assessed the economic impact of the administration’s plans related to removing individuals in the United States under Temporary Protected Status (TPS)… more

The PTAB Reaches Same Determination After Remand Despite Having Construction and Analysis Set Aside

On July 28, 2017, the PTAB issued a final written decision holding all claims unpatentable in an IPR after the Fed. Cir. vacated and remanded the PTAB’s previous final written decision. On remand, the PTAB reached the same… more

Dentist, Claiming Tip Was a Rumor, Wins Insider Trading Case

A jury found Jessie Roberts, a Louisiana dentist who claimed what the government called an illegal tip was just a rumor, not guilty of insider trading. U.S. v. Roberts, No. 15-ct-00020 (M.D. La. Filed Feb19, 2015). The case centered on… more

Second Circuit Affirms Bankruptcy Court’s Nullification of Chapter 15 Debtor’s Sale of Claim Due to Woefully Inadequate Price

In the March/April 2013 edition of the Business Restructuring Review, we reported on an opinion by the U.S. Bankruptcy Court for the Southern District of New York concluding that a chapter 15 debtor’s sale of claims against Bernard… more

Vermont village considers conduit hydro

A Vermont municipality has proposed installing hydroelectric generating facilities along a potable water pipeline -- and under streamlined federal procedures, regulators have made a preliminary determination that the Village of… more

Connecticut and Massachusetts Expand Protections for Pregnant Employees

Two laws mandating pregnancy accommodations for employees were recently passed. On July 6, 2017, Connecticut Governor Dannel Malloy signed into law “An Act Concerning Pregnant Women in the Workplace” (“Connecticut Act”). The… more

Purpose, privilege and duty – surviving the break down

The recent decision of Sharpe v Grobbel [2017] NSWSC 1065 acts as a reminder for lawyers about their duty to claim privilege for clients even if they are no longer acting. It highlights the point in time in which common interest… more

E.D. Virginia Tosses Dodd-Frank Whistleblower Claim for Lack of SEC Complaint

The U.S. District Court for the Eastern District of Virginia recently granted a Rule 12(b)(6) motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by an ex-project manager, finding that Plaintiff failed to allege that… more

Developments in the U.S. Tax Treatment of UK Charities

The Internal Revenue Service has revoked the U.S. tax exempt status of 195 prominent UK charities by posting their names on a website. These UK charities will find it harder to attract support from U.S. individuals and foundations, and… more

One Racial Slur is One Too Many, Rules Third Circuit

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in Castleberry… more

Medical Marijuana Users Can Sue Their Employers

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC Niantic… more

Sanofi Sues MSD Regarding Follow-On Insulin Glargine Biologics

On August 8, Sanofi-Aventis filed a complaint for patent infringement against Merck Sharp & Dohme in the U.S. District Court for the District of New Jersey regarding Merck’s proposed follow-on biologics of Sanofi-Aventis’s Lantus® and… more

Supreme Court of Canada clarifies when regulatory bodies may be relied on to fulfill the Crown’s duty to consult Aboriginal peoples

As the Supreme Court of Canada (SCC) explained in Haida and Carrier Sekani, it is open to legislatures to empower regulatory bodies to play a role in fulfilling the Crown’s duty to consult Aboriginal peoples. Carrier Sekani further… more

Ireland's Revenue releases guidelines on requesting Mutual Agreement Procedure assistance

Ireland has published guidelines for requesting Mutual Agreement Procedure (MAP) assistance. The guidelines, issued in early August, set out the legal basis for requesting MAP assistance as well as..… more

The CRM Marathon: Plotting Your CRM Course

Before embarking on your CRM marathon, it’s important to plot the best course. To do this, it’s helpful to determine where you are now. Successful CRM implementations begin with a comprehensive assessment of your current situation… more

FBI's Fraud Complaints Indicate Most Damaging Cyber Schemes

A look at the FBI’s Internet Complaint Center indicates Business Email Compromise (also known as CEO Fraud and Social Engineering Fraud) topped the list of fraud complaints by a huge margin… more

Alphabet Soup — Changes to the Affordable Care Act

With the new Trump administration and Republican control of Congress, there has been a lot of discussion about eliminating the Affordable Care Act and replacing it with a different set of rules. Legislation has passed the House but… more

Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an Executive… more

Tennessee Health Services and Facilities Report: August 2017 Newsletter

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the establishment… more

[Video]Day 12 of One Month to More Effective Continuous Improvement-Keeping Track of Current Events

In 2015, the Securities and Exchange Commission (SEC) announced resolution of a Foreign Corrupt Practices Act (FCPA) enforcement action involving the Hitachi Ltd (Hitachi). There were several interesting aspects to this enforcement… more

Retail Hybrids: Following Trends in Cars, Sports and Food

Hybrids of many sorts have been trending in countless industries throughout the years and show no sign of fading away anytime soon. Toyota announced that it sold its 10 millionth hybrid car this year, twenty years after launching its… more

DOJ Backs Class Action Waivers

The United States Department of Justice (DOL) has made an about face and now takes the position that class action waivers in arbitration agreements are enforceable. The change in position from the Trump Administration’s DOJ has… more

Mauritius – the gate for Chinese Investment into Africa

The data published by the Mauritius central bank and central statistics bureau in April shows that in 2016 China is the second largest foreign investor in (US$70 million, following US$128 million from France) and the largest exporter… more

How to Survive the Dog Days of Summer: OSHA’s Yearly Heat Campaign Sizzles

On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: “Water. Rest. Shade.” As part of the seventh annual heat illness prevention campaign, OSHA’s… more

The OCC Takes Initiative on Seeking Public Comment for Changes to the Volcker Rule

The Office of the Comptroller of the Currency (OCC), which regulates national banks and, as such, is responsible for administering the Volcker Rule with respect to the largest banking entities in the United States, has released a… more

New Guidance on Coverage for Eating Disorders

The Departments of Labor, Treasury, and Health and Human Services recently released a frequently asked question (“FAQ”) regarding the implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act… more

Less ‘boondoggle’, more ‘fair, reasonable and proportionate’: the use of corporate monitors in UK Deferred Prosecution Agreements

A common feature of corporate criminal disposal in the US for several decades, the use of corporate monitors in the UK in the same period has been, at best, sporadic. This was expected to change with the introduction of Deferred… more

Polsinelli/TrBK Distress Indices Show Healthcare Distress at Record High

We're pleased to announce the release of the Polsinelli|TrBK Distress Indices for the Second Quarter of 2017. Polsinelli, with data provided exclusively by TexHost, LLC d/b/a TrollerBk.com, publishes the Indices on a quarterly… more

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

The Scenario - Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the… more

Recess Update on the Affordable Care Act and Its Repeal and Replacement

The momentary lull in congressional activity on health care provides an opportune time for an update on the efforts to repeal and replace the Affordable Care Act (ACA)… more

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less Protections for California Public Agencies

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus tree… more

Hello & Goodbye: More Changes at the NLRB

As we previously reported, President Trump nominated two candidates for vacancies on the five-member National Labor Relations Board – William Emanuel and Marvin Kaplan… more

The ABC's of ACV in Subrogation Claims

Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages demanded, and contend that they only owe “Actual Cash Value”… more

Second Circuit Ruling Creates Challenge for Securities Class Action Plaintiffs

The Second Circuit recently considered the extraterritorial application of the U.S. securities laws in the private securities class action context, bringing some clarity to an area of the law that is increasingly important given the… more

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the… more

Series: Defend Trade Secrets Act | Pleading A Claim Under the DTSA

Courts have had over a year to address the pleading requirements under the federal Defend Trade Secrets Act (“DTSA”), after it took effect in May 2016. The general pleading standard remains the plausibility test under the Supreme… more

Your Daily Dose of Financial News

As expected, Wells Fargo has promoted former Fed governor and current vice chair Elizabeth Duke to succeed Board chair Stephen Sanger. Incredibly, the move makes Duke the first woman to hold the top spot at one of the country’s largest… more

Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to confer Article… more

Quebec Amends its Energy Efficiency Regulations and Moves Towards Implementation of 2030 Energy Policy

On August 15, 2017, the Regulation respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances (Quebec Regulations) was amended in order to eliminate and reduce disparities with the energy efficiency regulatory… more

CFPB warns consumers about debt relief/settlement companies

Last week, the CFPB published a blog post with tips for consumers facing a cash flow emergency. We were glad to see that the blog post included a warning to consumers about debt relief or settlement companies… more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s business and… more

ATTENTION PROPERTY OWNERS: Your 2017 Property Tax Notices Have Been Mailed To You!

By now, all 67 Property Appraisers in Florida have finalized the 2017 valuations for property taxes. Truth in Millage (TRIM) notices have been sent to all property owners, so these notices have either been received or will be waiting… more

Still “Up in the Air”: More Drones and More Regulations

In a previous post, we wrote about drones (which are more formally referred to as “unmanned aircraft systems” or UAS), as well as the nascent federal and state statutory and regulatory. Since our last article, drone use – as… more

University Of Arizona Museum Of Art Reunited With Stolen de Kooning

In recent news, an original Willem de Kooning known as “Woman-Ochre” was found at an estate sale by owners of Manzanita Ridge Furniture & Antiques, a New Mexico furniture and antiques shop (the owners include Buck Burns, Rick Johnson… more

When is July 4 this year? When is North Carolina’s FIRST TUESDAY Lottery? and Descriptiveness

In In re North Carolina Lottery, [2016-2558] (August 10, 2017), the Federal Circuit affirmed the refusal of registration of FIRST TUESDAY in connection with lottery services and games on the first Tuesday of each month… more

SEC Watch: “Observations” from SEC’s Cybersecurity 2 Initiative

Last week, the U.S. Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released its “Observations from Cybersecurity Examinations” conducted pursuant to OCIE’s “Cybersecurity 2… more

LIBOR Replacement Plans Bring Regulatory Considerations for Derivatives

Plans to end the long reign of the London Interbank Offered Rate (LIBOR) as one of the world's most often-used interest rate benchmarks have recently been confirmed by several top financial regulators. On July 27, 2017, Andrew Bailey… more

3 Things to Know when Taking Depositions in Taipei (Updated)

Many depositions are taken yearly in Taiwan, mainly in the cities of Hsinchu, Taichung, and Taipei, the nation’s political, economic, and cultural center. Naturally, Taipei has all the amenities necessary to comfortably host… more

California Department of Business Oversight wins award for process improvements

On July 28, 2017, California Governor Jerry Brown’s Office of Business and Economic Development recognized the California Department of Business Oversight for a successful Lean Six Sigma project that dramatically reduced the processing… more

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