Latest Updates

Court Of Chancery Explains When Entire Fairness Applies To Option Grants And Voting Agreements

While directors have the right to issue options, when the grant is to themselves and there are specific facts suggesting unfairness, those directors will have the burden of proving the grants were entirely fair in a stockholder… more

DOL Opinion Letters are Back

As a surprising new gift from the Trump Administration, the Department of Labor has decided that it will again start issuing opinion letters on thorny questions about the FMLA and the FLSA and other laws enforced by the Wage and Hour… more

Pennsylvania Superior Court Splits from Own Precedent and Allows Unilateral Oil and Gas Lease Severance in Montgomery

Action Item: Lessees of oil and gas leases in Pennsylvania who have been assigned or are assigning less than all of the geologic strata under lease should give careful attention to whether those leases have been severed vertically by… more

Retailers Grow Successfully by Introducing New Brands

As fashion retailers across the country jostle for market share in an ever-changing and ever-competitive marketplace, some retailers are trying to improve their bottom lines not by adjusting or expanding their offerings in each store… more

Section 232 and Oil Country Tubular Goods

By now, you’ve heard the Trump Administration is conducting a “Section 232 Investigation” into the effect of imported steel and aluminum products on national security. Here’s a primer on the topic… more

DOL Will Again Issue Opinion Letters on FMLA, FLSA, and Other Sticky Employment Law Scenarios

The U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. The DOL has even established a new webpage to… more

Supreme Court to Determine Whether Internal Whistleblowers Are Protected From Retaliation

On June 26, 2017, the Supreme Court granted certiorari on an issue that has long divided the federal courts: whether a whistleblower is entitled to protection from retaliation for blowing the whistle internally even if he or she… more

Replacement of the Clean Water Rule to Be a Two-Step Process

The Environmental Protection Agency and Army Corps of Engineers announced yesterday that the implementation of President Trump’s executive order directing EPA and the Corps to replace the Clean Water Rule will be a two-step affair… more

U.S. Supreme Court Set to Address Sports Betting

On June 27, 2017, the United States Supreme Court agreed to hear a challenge to a law that prohibits individual states from permitting gambling based on professional or amateur sports… more

SCOTUS Squashes Class Action Plaintiff Attempt to Obtain Review of Class Certification

The reality of class action litigation is that what is supposed to be the court’s preliminary decision of whether to certify a case as a class action is often the end of the litigation. In many cases, plaintiffs will not proceed if the… more

French Employment Law Reforms Awaited Under Macron’s Presidency

Seyfarth Synopsis: French Employers should brace themselves for changes in the employment and labour law arena. However at this stage nothing is set in stone, and any reforms may be slow in coming. As France does not have the… more

July Is the New January: Beware of Employment Regulations About to Take Effect

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks start… more

Class Action Defendants Win Home Court Advantage in Supreme Court Ruling on Specific Jurisdiction in Bristol-Myers Case

In a decisive 8-1 vote, the U.S. Supreme Court rejected a theory of specific jurisdiction that would allow a state court to assert specific jurisdiction over the claims of out-of-state plaintiffs whose claims were not directly linked… more

OSHA Update: OSHA Proposes Extended Deadline for Electronic Filing of Injury and Illness Reports

On June 28, 2017, OSHA proposed a five-month extension for certain employers to electronically file their 2016 OSHA 300A Annual Summary Forms with OSHA. The deadline is currently set to arrive on July 1, 2017. As proposed, the new… more

An Inadequate Privilege Log, Or Even The Failure To Serve A Privilege Log, Will Not Result In The Waiver Of The Attorney-Client Privilege Or Work Product Protection Timely Asserted In Discovery Responses

In Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, the California Court of Appeal (Fourth District, Division Three), squarely addressed the question: “May a trial court find a waiver of the attorney-client… more

The Privilege Is All Mine: California Appellate Court Finds Law Firm Holds Attorney Work Product Privilege Applicable to Documents Created by Formerly Employed Attorney

In Tucker Ellis LLP v. Superior Court (A148956 – Filed 6/21/2017), the First Appellate District held that (1) the holder of the attorney work product privilege is the employer law firm rather than the former employee attorney who… more

Calendar Year Plans Need to File Form 5500 by Monday, July 31, 2017

Executive Summary: The Form 5500 is an annual report that must be filed for every employee benefit plan that covers 100 or more participants. For calendar year plans, these forms must be filed by July 31, 2017… more

What To Do If A Municipality Denies Your Act 537 Planning Module Update

Nothing can stop a development project faster than a Pennsylvania municipality denying a developer’s Act 537 planning module for wastewater management. If the municipality refuses a developer’s plan to connect to public sewer or to… more

Social media in litigation

A high profile libel claim for defamatory statements made on Twitter provides a study on how to apply the law of defamation in the social media age and highlights risks (and opportunities) that litigants or potential litigants should… more

Blog: SCOTUS Grants Cert In Case Involving Whistleblower Statute And Cassome Involving State Court Jurisdiction Over ’33 Act Cases

SCOTUS will be hearing at least two cases of interest next term: one case, Somers v. Digital Realty Trust, will address the split in the circuits regarding whether the Dodd-Frank whistleblower anti-retaliation provisions apply… more

EMMI Consults on New Reference Index for Euro Repo Market

The European Money Markets Institute (“EMMI“) published a consultation paper on June 15, 2017, concerning a new reference index for the euro repo money market. EMMI has been working to find suitable risk-free (or nearly risk-free)… more

Environmental Groups and States Are Challenging EPA’s Stay of Oil and Gas Well Methane Rule

Several environmental organizations have petitioned the D.C. Circuit Court of Appeals and moved to block EPA from implementing a 90-day administrative stay of the New Source Performance Standards covering methane emissions from oil and… more

First Catalogue Published for Network Products Subject to Certification

On June 9, 2017, the Cyberspace Administration of China (CAC), jointly with Ministry of Industries and Information, Ministry of Public Security, and the Certification and Accreditation Administration of China, published the… more

Florida Second District Court of Appeal Ruling Highlights the Possible Pitfalls of Relying on Prior Servicer Records

Florida’s Second District Court of Appeal (“Second District Court”) recently held that a mortgagee failed to demonstrate it satisfied the condition precedent in a residential mortgage foreclosure. Allen v. Wilmington Trust, N.A.… more

The Supreme Court Delivers a Win for Biosimilar Manufacturers in Sandoz v. Amgen

On June 12, 2017, the Supreme Court issued a unanimous opinion in Sandoz v. Amgen, interpreting key provisions of the Biologics Price Competition and Innovation Act (BPCIA) in favor of biosimilar manufacturers (applicants).[1] In… more

Professional third-party litigation funder ordered to pay security for costs

The High Court ordered security for costs against a commercial litigation funder but declined to do so in respect of a third-party funder who was not involved in litigation funding as a business. The case is interesting for its… more

[Video]Day 21 of One Month to Better Investigations and Reporting-Factors Leading to Hotline Distrust

The guidance and mandates for companies on reporting mechanism reporting are numerous, overlapping and sometimes very broad. There are the US Sentencing Guidelines; regulations under Sarbanes-Oxley (SOX), the Dodd-Frank Act and the… more

Afghanistan-Based Contractors See FLSA Collective Action Dismissed On Jurisdictional Grounds

I blogged about this off-the-beaten-path case a short time ago. Wow, whoever thought the courts would work this fast? A federal judge dismissed a proposed FLSA collective action against Fluor Corp. filed by contractors who alleged that… more

[Video]Everything Compliance-Episode 13

The top compliance roundtable podcast is back with a wealth of new topics. Stayed tuned to the end where there are some heartfelt and somber rants in this edition. 1. Matt Kelly opens with a discussion on Uber from the policies and… more

Good Faith Affirmative Defenses Waiving Attorney-Client Privilege and Work-Product Protection Under the “At Issue” Doctrine

On May 8, 2017, the U.S. Bankruptcy Court for the Middle District of Florida entered an order compelling production of attorney-client communications between Regions Bank and its counsel, finding that Regions had put those… more

Complaint Filed Against EPA for FOIA Communication Records Related to Chlorpyrifos Order

On June 22, 2017, a complaint was filed against the U.S. Environmental Protection Agency (EPA) by American Oversight, a nonprofit organization (Plaintiff), in the United States District Court for the District of Columbia. The… more

OIG Report Estimates CMS Paid Millions in Erroneous Meaningful Use Incentives

On June 12, 2017 the Department of Health and Human Services Office of Inspector General (OIG) released a report entitled Medicare Paid Hundreds of Millions in Electronic Health Record Incentive Payments That Did Not Comply With… more

The Second Thing You Should Do…

Register the IP you’ll use in the US, most likely your trademarks. Many Irish and Northern Irish companies mistakenly believe that their home jurisdiction trademark registrations will be effective in the US. Nope. Also, some will think… more

Third party access to without prejudice communications

Without prejudice communications should be disclosed to a third party because two exceptions to the without prejudice rule applied (the “concluded settlement agreement” and “reasonableness of mitigation” exceptions). Previous case law… more

July 1st Minimum Wage Increase Cheat Sheet

With the minimum wage increasing in cities across the state, I have been getting numerous calls and e-mails about those increases. I blogged about the announcement of the LA Hotel Ordinance increase already, but there’s more… more

Best practices for employers under the EEOC’s new strategic enforcement plan

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous agenda… more

For Waterproofing Patent, Arguments Against Obviousness Didn’t Hold Water

The Federal Circuit’s decision in Outdry Technologies Corporation, v. Geox S.P.A. discusses some criteria for determining whether or not the explanations provided by the PTAB in an IPR decision are sufficient to support a finding of… more

DOL to Restart Conversation on New Overtime Rule

On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review.  After OMB completes its review, the RFI will be published in… more

Medicaid Fraud Control Units Report Focus on Personal Care Services

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released a report summarizing activities of State Medicaid Fraud Control Units (MFCUs or Units) for fiscal year 2016. The OIG is the designated… more

Hey, Alexa: What’s New in Children’s Privacy?... FTC Updates COPPA Guidance

Trying to keep pace with developments in internet-connected toys and other devices for children, the Federal Trade Commission (“FTC”) announced June 21, 2017 that it has updated its guidance, a “Six-Step Compliance Plan for Your… more

FAA and Congress Move Forward with Drone Oversight

This edition of the Cozen O’Connor Drone Report discusses the D.C. Circuit Court’s decision against the FAA’s registration requirements for recreational drones, the latest findings and recommendations of the FAA’s Drone Advisory… more

Nantkwest, Inc. v. Matal (Fed. Cir. 2017)

Patent applicants dissatisfied with final outcome of patent prosecution proceedings have long had two options for court review of a Patent and Trademark Appeal Board decision: an appeal to the Federal Circuit under 35 U.S.C. § 141 or… more

Supreme Court Confirms Retirement Plans of Church-Affiliated Organizations Can be Exempt from ERISA

In a much-anticipated ruling, the U.S. Supreme Court ruled on June 5 that retirement plans maintained by church-affiliated organizations can be exempt from the Employee Retirement Income Security Act (ERISA), regardless of which… more

Can Marketing and Compliance Share a Playbook?

This post originally appeared on the Richard Bistrong, Front-Line Anti-Bribery Blog, www.richardbistrong.com, and is reposted with the permission of Richard Bistrong. can both compliance and market leaders share resources and data when… more

Oregon Ramps up State Consumer Protections in an Era of Deregulation

Oregon’s legislature recently expanded the scope of statutory consumer protections by passing a bill to amend the state’s Unlawful Trade Practices Act (the “Act”). Recently, Oregon’s Governor Kate Brown signed H.B. 2090 into law after… more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 1

What Companies Should Be Doing to Prepare for the Next Ransomware Attack - The “WannaCry” cyberattack that struck in May paralyzed businesses, government entities, and Britain’s National Health Service, encrypting computer files on… more

The GDPR and the Bottom Line: How the EU Data Privacy Regulation Will Affect U.S. Companies’ Data Collection and Processing Practices—and Their Revenue

For U.S. companies which do business in Europe or who process the personal data of European Union residents, the world of data privacy and security is about to get much more complicated. While U.S. privacy law is unsettled, with… more

Reimbursement Manager Pleads Guilty for Prior Authorization Process Issues

On Monday, June 19, 2017, Elizabeth Gurrieri became the second former employee of Insys Therapeutics (Insys) to plead guilty to federal anti-kickback charges related to the drug Subsys, an expensive fentanyl-based painkiller. According… more

Why Updating The Electronic Communications Privacy Act Poses Difficulties

The privacy of electronic communications is provided for under the Electronic Communications Privacy Act. There are limited circumstances in which ISPs may disclose the contents of electronic and stored digital communications. But the… more

Trump Administration Rescinds WOTUS Rule

Earlier this week, the Trump administration added another Obama-era regulation to its list of policy rollbacks. On Tuesday, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a proposal to… more

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