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The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to provide…more

The sukuk experience in Turkey

Turkey's government is determined to make Istanbul a financial hub for Islamic finance, regionally and globally. With a GDP of US$733.6 billion in 2015 according to the IMF, Turkey is the 18th largest economy in the world, and is well…more

Wealth Management Update - September 2016

September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The September § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

New Import Regulations Signal Increased Enforcement Against Duty Evasion

U.S. Customs and Border Protection (CBP) has issued new interim regulations to remedy and penalize evasion of antidumping and countervailing duties (AD/CVD) orders. The regulations, which became effective August 22, 2016, establish…more

Ninth Circuit Holds That SOX Disgorgement of Incentive Compensation Does Not Depend on Executives’ Own Misconduct

The U.S. Court of Appeals for the Ninth Circuit held today that the Sarbanes-Oxley Act’s disgorgement provision – which requires disgorgement of certain CEO and CFO compensation when an issuer restates its financial statements “as a…more

California Considers Rules For Data Security, Geolocation ­

On Wednesday, August 24, the California state senate (the “Senate”) took action on a bill that would expand the definition of protected personal consumer data to include geolocation and biometric information while also requiring…more

Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating teacher…more

Governmental Employers Take Note: Court of Appeals allows employee’s claim for violation of N.C. constitution to go forward

In Tully v. City of Wilmington, No. COA15-956 (N.C. Ct. App. Aug. 16, 2016), the Court of Appeals held for the first time in North Carolina that a governmental employee had alleged a valid property and liberty interest in requiring the…more

Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged whistleblowing on his…more

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor…more

SEC Continues to Target Private Equity Firms, Entering Into $52 Million Settlement with Apollo Global Management

On August 23, 2016, the SEC entered into a settlement that reflects a continuation of its recent trend of increasingly active pursuit of private equity firms, particularly for failing to disclose conflicts of interests and other…more

D.C. Circuit Overturns FWS Approval of Wind Farm Due to Bat Concerns

The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all reasonable…more

Court Rejects Excessive Fee Claims Following Trial on Mutual Fund “Manager of Managers” Theory

On August 25, a federal court in the District of New Jersey issued a much-anticipated decision, finding after a lengthy trial that shareholder plaintiffs failed to prove claims that AXA entities had charged excessive mutual fund…more

New USPTO Subject Matter Eligibility Guidance Following CellzDirect and Sequenom

On July 14, 2016, the U.S. Patent and Trademark Office issued new subject matter eligibility guidance for life science claims following a ruling by the Federal Circuit in Rapid Litigation Management v. CellzDirect, No. 15-1570 (Fed…more

Corporate Designee Deposition: Elevated Duty Imposed on Corporate Designee Provides Reprieve from Oppressive Discovery Tactics

Virginia’s “ever-evolving discovery rules”[1] necessarily afford counsel wide latitude within which to maneuver in undertaking their duty to zealously advocate. The rules, however, also furnish aggrieved parties with effective means to…more

10 Things You Need To Know About EEOC’s New Retaliation Guidance

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) released its Enforcement Guidance on Retaliation and Related Issues. The document is a helpful tool for employers when navigating the often-treacherous retaliation…more

Dronsfield v University of Reading

The recent case of Dronsfield v. University of Reading UKEAT/0200/15 has prompted some fairly sensationalist headlines. Take the Evening Standard, for example: "University of Reading art lecturer who had sex with 'vulnerable' student…more

Latest Legal Developments on Transgender Student Issues

Gloucester County School Board v. G.G., 136 S. Ct. 2442 (U.S. 2016): Supreme Court Stays Fourth Circuit Order allowing transgender student to use boys’ restroom; State of Texas, et al. v. United States of Amercia, et al., Case…more

Cat’s Paw Theory Of Discrimination Adopted By 2nd Circuit - False Sexting Claims Prove Employer’s Downfall

The federal appeals court in New York just adopted a broad standard for employer liability as a consequence of discriminatory acts by their employees. This standard opens the door to a significant increase in claims being filed by…more

Why You May Want To Reconsider Promising Confidentiality To Whistleblowers

In this recent post, I suggested that absolute guarantees of confidentiality to whistleblowers may be counterproductive. In today’s post, I will elaborate on why…more

The New York Attorney General’s Crackdown on Non-Compete Agreements: What It Means for Companies

Background - Recently, the NYAG has turned quite a few heads by entering into a new legal arena: challenging non-compete agreements between companies and their employees. The NYAG settled two investigations brought pursuant to…more

The definition of "worker" for whistleblowing purposes

The Public Interest Disclosure Act 1998 (PIDA) creates two levels of protection for whistleblowers. The dismissal of an employee will be automatically unfair if the reason, or principal reason, for his/her dismissal is that he/she has…more

How to Avoid Discrimination in Hiring, While Complying with Export Laws

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain export-controlled…more

FCC Rules that Informational Automated Messages Sent by Schools to Parent Cell Phones Do Not Violate the Federal Telephone Consumer Protection Act

In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (Petition of Blackboard, Inc.), CG Docket No. 02-278 (August 2016). The FCC confirms that schools may send informational messages…more

The Harbor Might Not Be Safe: Failure To Update Generic Drug Labels Can Invite a Storm of State-Law Claims

The New Jersey Supreme Court ruled on August 22 that consumers’ state-law claims that manufacturers of a generic Reglan, a heartburn medication, did not adequately warn about its risks are not preempted by federal law. Under the…more

Department of Education Issues New Dear Colleague Letter Regarding the Enrollment of Homeless Students

On July 27, 2016, the United States Department of Education (“Department of Education”) released a dear colleague letter (DCL) and a non-regulatory guidance document (“Guidance Document”) discussing school districts’ obligations under…more

New Non-Compete Law Regarding Low-Wage Workers Passes in Illinois

In the wake of increasing federal and state scrutiny on the use of non-compete agreements for lower wage workers, Illinois has enacted the Illinois Freedom to Work Act (the “Act”). The Act, which applies to agreements entered into on…more

Pennsylvania and DOL Collaborate in Employee Misclassification Enforcement Efforts

The Pennsylvania Department of Labor and Industry recently signed a three-year memorandum of understanding (MOU) with the U.S. Department of Labor’s (DOL) Wage and Hour Division designed to prevent employees from being misclassified as…more

The Trend Reverses: College Tuition Payments Shielded from Avoidance in Bankruptcy - Bankruptcy Court Rules in Favor of University in Trustee's Suit to Recover Tuition Payments, Then Certifies Trustee's Appeal to First Circuit

It is the start of a new semester, and all across the country, parents are writing tuition checks to the colleges and universities that their children attend. Colleges accept the checks on behalf of the students, the tuitions are…more

Northern Spotted Owl Listed As a Threatened Species Under the California Endangered Species Act

On August 25, 2016, the California Fish and Game Commission (Commission) voted unanimously to list the northern spotted owl (Strix occidentalis caurina) as a threatened species under the California Endangered Species Act.  The owl is…more

Why Clinton and Trump’s Infrastructure Plans Leave Us Wanting More

It’s hard not to pick up your newspaper (or, more likely, your smart phone) and not get caught up reading about Donald Trump’s latest “did he really say that” statement or about the “less than personal” personal email account of…more

Zika Is Here: 7 Tips For Keeping Your Employees Safe

Now that the first cases of locally transmitted Zika virus have hit the continental United States, it is time for employers to sit up and take notice. Until recently, Americans could generally acquire the virus only if they visited…more

Saudi Arabia Update - August 2016

Legal developments - Labour and employment developments - Employee health insurance – inspections forthcoming - Joint inspections will be carried out by the Council of Cooperative Health Insurance (CCHI) and the Ministry…more

UPDATE: New Fee for Affordable Housing Goes to Denver City Council Sept. 19

A bill proposing a new development impact fee for a permanent affordable housing fund moved on to the Denver City Council Wednesday.Bill No. 625, proposed by Mayor Michael Hancock and Councilmembers Robin Kniech and Albus Brooks and…more

Family-Controlled Businesses -- Tax Targets Again: Newly Proposed 2704 Regulations and Presidential Candidates' Positions

It's August of an election---year, and not just any election---year, a presidential election year. So, in less than 80 days, we'll all go to the polls and elect a new president. While Benjamin Franklin might have been right that…more

China FDA Clarifies Legal Consequences of Clinical Trial Data Inspections

China’s recent drug regulatory reform has emphasized that clinical trial data must be authentic and reliable. However, the legal consequences for breaching data integrity requirements in clinical trials remain ambiguous. On August 24…more

Determining the Value of a Trip and Fall Case

In a trip and fall lawsuit,just like with almost any lawsuit, there is no guarantee of a certain monetary award. While a skilled personal injury attorney can examine the facts of your case to determine a potential estimate for damages…more

BC’s Climate Leadership Plan 2.0 Release

A New Climate Leadership Plan - On August 19, 2016, the British Columbia government released its much anticipated Climate Leadership Plan (the New Plan). The New Plan aims to build on the original Climate Action Plan to bring the…more

Final Rule on the Fair Pay and Safe Workplaces Executive Order Revealed

Key Points - - While making some welcomed changes to the proposed rule, the final rule leaves many of the significant burdens and costs associated with requiring contractors and subcontractors to disclose various labor…more

New Kazakhstan Law on Payments and Payment Systems

On 26 July 2016, a new Law of the Republic of Kazakhstan No. 11-V? “On Payments and Payment Systems” (the Law on Payments) was adopted. Save for a number of certain provisions, the new Law on Payments comes into force on 10 September…more

NLRB Rules Grad Students Are Employees, Can Unionize

Student Assistants at Private Universities Are “Employees” for Purposes of Collective Bargaining, NLRB Rules - Student assistants employed with private universities can be considered “employees” for the purposes of the organizing…more

[Webinar] The Proposed Repayment Rate for Proprietary Schools (Proposed Borrower Defense Rule Series) - September 14th, 12:00pm CST

Our final webinar will focus on the new repayment rate the Department proposes for proprietary institutions. We will examine in detail the methodology the Department suggests it would use, and the penalty associated with a failing…more

Drug Costs Study Argues for Increased Funding for Biosimilar Review

A recent meta-analysis investigated several factors impacting prescription drug costs in the United States. Doctors associated with the Brigham and Women’s Hospital and Harvard Medical School authored the report. Funding was provided…more

Kitty Hawk NC offshore wind leasing

The U.S. Department of the Interior has proposed leasing federal ocean space offshore North Carolina for commercial offshore wind development. On August 12, 2016, the Bureau of Ocean Energy Management announced a proposed lease sale…more

Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”

Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection. A District Court Magistrate Judge recently recommended that…more

Involuntary Bankruptcy Primer Part I: Understanding the Oft Ignored Involuntary Bankruptcy Petition (with Bankruptcy Cave Embedded Briefs for Your Use!)

Involuntary bankruptcy is an underused but potentially powerful tool in the Bankruptcy playbook. Although the process to initiate an involuntary case is relatively straightforward (and has been largely unchanged for decades), the…more

Package Size Is Not a “Service” Under Section 2(e) of the Robinson-Patman Act, Says Seventh Circuit in Clorox

On August 12, the Seventh Circuit issued its decision in Woodman’s Food Market v. Clorox Co., an appeal that we have been watching closely. The Seventh Circuit’s ruling, which held that product package size is not a promotional…more

FRANCHISEE 101: How Far Do Earnings Projections Go?

A franchisor is allowed to make "financial performance representations" in its disclosure documents. These figures may project how much money a franchisee is likely to make and can play a critical part in the franchisor's sales…more

NLRB Says Employees Spreading Inaccurate Information is Protected Conduct

Yet another chapter in the National Labor Relations Board’s assault on employer social media policies. Earlier this month, the Board rejected Chipotle’s policy that prohibited employees from “posting incomplete, confidential, or…more

Three Options to Manage the New Salaried Employee Rules

The Administration has issued new rules affecting overtime payments to workers who were formerly considered exempt. What does this mean for your business? The Obama Administration recently released a new rule governing what…more

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