Latest Updates

If You Are Not Using Checklists, What Are You Waiting For?

Before leaving for the Amazon, Nicole left an article for me from the Illinois Bar Journal, The Checklist Manifesto for Lawyers. It discusses Atul Gawande‘s incredible book, The Checklist Manifesto. The IBJ article is not special, but… more

Maryland and Washington Converting to Electronic Surety Bonds on NMLS

On August 1, 2017, the Maryland Commissioner of Financial Regulation will start using the new Electronic Surety Bond (ESB) through NMLS… more

FINRA Public Offering Proposal Excludes All Insurance Contracts

For the first time since 2004, FINRA has proposed major amendments to its requirements that govern the terms of the underwriting arrangements for most public offerings of securities and mandate that such arrangements be submitted to… more

Employer May Be Held Liable For Employing Murderer!

Claims of negligent hiring, training, and retention is alive and well. Employers must be prepared to investigate, and fully remediate supervisors’ misconduct. Recently, the Seventh Circuit Court of Appeals (Illinois, Wisconsin… more

Joint Employment Game Changer? Proposed Law Would Radically Alter Definition In Employers’ Favor

Employers across the country should collectively cross their fingers and hope that HR 3441, also known as the “Save Local Business Act,” becomes law in the near future. The bill, introduced in the House of Representatives this morning… more

The Emergence of Third Party Preferred Equity as a Financing Device

Increasingly, buyout sponsors are turning to third party preferred equity as a financing tool for their transactions. Structured to be treated as equity for debt rating agencies, bank regulatory regimes and in-place debt facilities… more

Employers Must Use New Form I-9 As Of September 18, 2017

United States Citizenship and Immigration Services (USCIS) recently announced a revised and updated version of Form I-9 that employers must use to verify identity and employment authorization of all new hires, effective September 18… more

House of Commons Publishes Briefing Paper on Brexit and Data Protection

The House of Commons Library, which aims to provide impartial research and analysis to MPs and their staff, has published a briefing paper on the impact of Brexit on data protection law in the UK (“the Paper”). The Paper summarises… more

Japan Legal Update - Volume 27 | July 2017

On June 7, 2017, Japan signed the "Multilateral Convention to Implement Tax Treaty-Related Measures to Prevent Base Erosion and Profit Shifting" ("MLI"). The MLI is a part of the OECD/G20 base erosion and profit-shifting ("BEPS")… more

North Carolina Gov. Roy Cooper Approves Major Renewable Energy Reform Bill

Gov. Roy Cooper today signed House Bill 589, enacting legislation that significantly expands solar business opportunities in North Carolina… more

[Video]Day 19 of One Month to More Effective Internal Controls-COSO Objective V- Monitoring Activities

COSO Objective V-Monitoring Activities The fifth and final Objective is Monitoring Activities. The Framework Volume says, “Ongoing evaluations, separate evaluations, or some combination of the two are used to ascertain whether each… more

Massachusetts Finalizes New Pregnancy Workplace Law: What to Expect When Your Employees Are Expecting

Massachusetts just joined 21 other states and the District of Columbia by enacting a comprehensive pregnancy workplace law with unanimous support from the legislature, employee advocates, and the Massachusetts business community… more

…And Finally, The Department Of Labor Asked For Comments Before Proposing A New Overtime Rule

It seems that a lot is going on in DC these days. In what may have been lost in all the other activity, yesterday the Department of Labor issued a Request for Information seeking notice and comment before issuing revised proposed… more

Repeated Discovery Failures And Abusive Litigation Tactics Warrant Terminating Sanctions, Treble Damages, Attorney Fees And Permanent Injunction Against Defendant In Patent Litigation Case.

In TASER International, Inc. v. PhaZZer Electronics, Inc. et al, 6-16-cv-00366 (FLMD July 21, 2017, Order), a Florida District Court took the drastic step of entering a default judgment in favor of Plaintiff Taser, along with an award… more

A Shot Across the Bow - and a Welcome One

In the wild west of token sales, that some refer to as “initial token offerings,” on July 25, the SEC finally jumped into the fray and said . . . well, actually, not that much. The SEC investigated Slock.it, a decentralized autonomous… more

Moody’s Chief Economist: “More Immigration is the Single Best Way to Consistently Lift Economic Growth and Standards of Living”

At a panel discussion in New York this week, the Chief Economist for Moody’s Investors Service, Mark Zandi, said that “[m]ore immigration is the single best way to consistently lift economic growth and standards of living.”  The panel… more

CMS Proposes Medicare Physician Fee Schedule Update for 2018

The Centers for Medicare & Medicaid Services (CMS) has published its proposed rule to update the Medicare physician fee schedule (PFS) for calendar year (CY) 2018. The proposed rule addresses numerous Medicare policies, including:… more

Important Clarification Received Regarding 2018 VETS-4212 Filings

It’s that time of year again to start preparing for the annual required VETS-4212 filing. Nothing will change for this year (2017) reporting cycle. Starting August 1, 2017, contractors will be able to file their 2017 reports through… more

Little-Known $600 Million Collection To Be On Permanent Loan To Museum In Italy

In recent art world news, earlier this month the Castello di Rivoli Museum of Contemporary Art of Turin, Italy announced an agreement with the Fondazione Francesco Federico Cerruti per l’Arte to maintain and display the impressive but… more

Trump V. Sessions: Are We Witnessing A “Constructive Discharge” In Real Time?

As anyone who’s been following the news is aware, President Trump has been publicly and repeatedly indicating his displeasure with Attorney General Jeff Sessions. We are a non-partisan blog, so I’m not going to get into who’s right and… more

5 Free Legal Resources for Arizona Consumers

When it comes to consumers being sued by debt collectors in Arizona the overwhelming majority of consumer represent themselves in court. In fact, studies show that less than 1% of consumers being sued by a debt collector actually hire… more

CNN Receives FAA Waiver for Drone Flights Over People for Movies and TV

CNN’s Aerial Imagery and Reporting (CNN AIR) unit received its Federal Aviation Administration (FAA) Part 107 waiver last week for closed-set drone operations over people for motion picture and television filming. This is the first… more

Changes in Retail Landscape Create Opportunities for Real Estate Industry

Search “Death of Retail” on Google.com and, as of July 26, you will get approximately 855,000 hits, many of which stress the negative impact that online sales and Amazon, in particular, have had on traditional retailers. However… more

New DOJ Policy Likely To Result In Increase In Forfeitures

Attorney General Jeff Sessions has announced a new Department of Justice policy regarding the federal adoption of assets seized by state or local law enforcement under state law. The new policy, issued on July 19, 2017, is intended to… more

Be Careful When Sending Out That Cease And Desist Letter To Protect Your Trademark

It has become an almost perfunctory practice. You catch wind of another business using a confusingly similar name. You then call a lawyer to immediately send out a cease and desist letter. More often than not, this would be the right… more

Alert: China’s Government Issues Foreign Investment Industry Guidance Catalogue (2017 Version)

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) jointly issued the Foreign Investment Industry Guidance Catalogue (2017 Version) (the… more

For your DC trustee agenda: current legal issues

Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings, and to support the legal update item on your next trustee… more

Where Do the California Supreme Court’s Certified Questions Come From?

This week, we begin a new study – a detailed study of the California Supreme Court’s certified questions. In Table 256, we report the year-by-year certified questions totals on the Court. No certified questions appear among the… more

Future Of Deferred Action Program Uncertain As Attorneys General Group Warns Of Possible Court Case

The Texas Attorney General, along with counterparts in nine other states (the group that successfully challenged the Deferred Action for Parents of Americans and Lawful Permanent Residents program, DAPA), has sent a letter to Attorney… more

AFRICA - A Legal Guide for Business Investment and Expansion: Egypt

1 .What role does the government of Egypt play in approving and regulating foreign direct investment? Egypt has traditionally been a leader in the Arab world in the political, cultural, and economic spheres. Due to recent positive… more

Indonesia tightens control over changes in shareholding and boards of oil & gas, power, geothermal and mining companies

Indonesia just issued a new regulation (Reg. 42/2017) that extends governmental control on private and foreign investment in the energy and mining sectors. Whilst similar forms of control already existed in the upstream oil & gas… more

Battle Of The Feds! DOJ, EEOC Lock Horns On Sexual Orientation Bias

Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever… more

Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount… more

Music Licensing Basics: How to Legally Use Someone’s Music in Your Business

Introduction - •Music copyrights: –Musical works – sheet music and lyrics •Author is generally composer/lyricist and controls •Can be administered through a music publisher - Please see full Presentation below for more… more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES C. Suran v. Auluck, [2017] B.C.J. No. 564, per Burke, J. [4234]

II. LIABILITY ISSUES - C. The two drivers in a street race were found to be joint tort-feasors, both responsible for the death of a passenger in one of the vehicles, and the passenger was found contributorily negligent for failing… more

German Government Tightens Rules for German Investment Control Covering M&A Transactions by Foreign Acquirers

On July 18, 2017, the Ninth Regulation Amending the Foreign Trade and Payments Regulation (Neunte Verordnung zur Änderung der Außenwirtschaftsverordnung ("AWV")) entered into force. The federal government is thus responding to… more

Three Lessons about ADR

by JAMS

Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but often overlooked by the practitioner. First are the multiple opportunities for the alert attorney to… more

UK Supreme Court Rules Employment Tribunal Fee Regime Unlawful

A significant judgment delivered on 26 July 2017, by the UK Supreme Court increases the likelihood of employment claims being brought in the future and is of significance to all organisations employing staff in the United Kingdom… more

SCOTUS Limits Reach of Fair Debt Collection Practices Act

In a unanimous decision, the Supreme Court narrowly interpreted “debt collector” under the Fair Debt Collection Practices Act to exclude debt purchasers engaging in collection efforts for their own accounts… more

Entering the HMDA Homestretch: CFPB Proposes Temporary Increase in HELOC Reporting Threshold, Releases New and Updated Filing Resources

As we have previously reported, in October 2015, the Consumer Financial Protection Bureau (CFPB) issued a sweeping final rule (“2015 Final Rule”) to amend Regulation C, which implements the Home Mortgage Disclosure Act (HMDA). The bulk… more

The Growing Business of Marijuana

Cannabis is a banned controlled substance under the federal Controlled Substances Act and thus manufacturing, selling, or distributing cannabis violates federal criminal law. That notwithstanding, the marijuana business is growing as… more

Patentee’s Willful Ignorance, Vexatious Lawsuits Set Off Alarm Bells

The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee’s willful ignorance of prior art and commencement of multiple lawsuits… more

Waves of Regulation Hit the Drone Industry

This edition of the Cozen O’Connor Drone Report discusses the unmanned aircraft systems (UAS)/drone-related provisions of the recently introduced FAA reauthorization bills, a recent FAA chief counsel’s legal interpretation regarding… more

Howey Got Here: SEC Issues Guidance on Token Offerings

The Howey test lives on—now in a lesson in what not to do when it comes to token offerings. Token offerings, also known as “initial token offerings,” “token launches,” “token sales,” “initial coin offerings,” or “ICOs,” represent a… more

UK House Of Lords Issues Report On Post-Brexit EU Data Transfers

On July 18, 2017, the UK’s House of Lords European Union Committee published a report on EU data protection standards and the impact on the U.K. in the wake of Brexit. The House of Lords’ report, entitled, Brexit: the EU data… more

PTO Attorneys’ Fees Are Fixed Costs and Thus Recoverable Expenses

Addressing the issue of whether the US Patent and Trademark Office (PTO) is entitled to recover attorneys’ fees in connection with the defense of a § 145 appeal, the US Court of Appeals for the Federal Circuit answered in the… more

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser PLZ… more

The General Data Protection Regulation – Top 10 Considerations

The clock is ticking and in less than a year the European Union (EU) General Data Protection Regulation (GDPR) will be in full force. Companies should be getting ready now in order to avoid hefty fines for violations (up to 20 million… more

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union -… more

Employment Matters – UK - UK Employment Tribunal Fees are Being Scrapped

In 2013, the UK introduced fees for claims made to employment tribunals and the Employment Appeal Tribunal. The legality of this was challenged by Unison, the trade union. Today, the Supreme Court unanimously ruled that tribunal fees… more

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