Latest Updates

Don't Strike Out: What to Do if Your Employees Strike on May 1

With the news reporting a large labor strike of around 350,000 workers planned for May 1, employers should develop a response strategy now to limit liability and keep their businesses humming. The nature of this strike may provide… more

Alert: New Executive Order Promotes Federal Procurement of US-Origin Products

On April 18, 2017, the president issued an executive order announcing a policy of maximizing the federal government's procurement of goods, products and materials produced in the United States, as well as "rigorously" enforcing laws… more

IBB Announces Higher Blend Biofuels Dominate in Iowa

On April 4, 2017, the Iowa Biodiesel Board (IBB) announced that the Iowa Department of Revenue’s 2016 Retailers Fuel Gallons Annual Report demonstrated that more than half of Iowa’s fuel retailers carried biodiesel blends in 2016. In… more

The DOL's 2016 Proposed Overtime Rule Under the Trump Administration: Reading the Tea Leaves

The Department of Labor's Fair Labor Standard Act (FLSA) Overtime Rule was slated to take effect on December 1, 2016. The new regulations would have extended the rights to overtime compensation to millions of additional employees in… more

When You Want the Best Car Accident Attorney

The number of automobile accidents and the rates of injuries and fatalities are on the rise throughout the country. When a driver, passenger, or pedestrian are involved in an automobile accident, it is important to retain a lawyer who… more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Compressed Committee Activity - Over the next four to six weeks, the Maine legislature’s committees will… more

Further Extension of Exemption from EU Clearing Obligation for Pension Funds

A Commission Delegated Regulation has been published in the Official Journal of the European Union that extends the transitional exemption period under the European Market Infrastructure Regulation for pension funds to comply with the… more

Attorney General Sessions reemphasizes DOJ commitment to FCPA enforcement, individual accountability: 4 takeaways for business

As the Trump Administration wraps up its first 100 days, practitioners have a bit more clarity regarding how the new Administration will assess corporate compliance programs, cooperation and white collar cases. Over the past few weeks… more

"Common Sense Reality": Seventh Circuit Holds That Sexual Orientation Discrimination Violates Title VII

In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision of its… more

Fate of U.S. - Canada dam license in question

The holder of the U.S. federal hydropower license for a dam spanning the international border with Canada border has petitioned for approval to surrender that license, citing economic considerations. At issue is the Forest City… more

Supreme Court Grants Cert on, of all Things, the Standard of Review for Determining Non-Statutory Insider Status

Last December, we updated you that the Supreme Court was considering whether to grant review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). Our original post is here. On March 27, 2017, the Supreme Court granted… more

Reporting Reasonable Suspicion Tests To Third Parties When No Suspicion Existed May Give Rise to Defamation and Invasion of Privacy Claims in Louisiana

Requiring employees to submit to directly observed reasonable suspicion testing and falsely reporting to third parties that the employees were tested because of reasonable suspicion may give rise to claims for invasion of privacy and… more

Products Liability in a Post-Tincher World: Appellate Court Upholds $55M Verdict Against American Honda Motor Co., Inc.

In American Honda Motor Co., Inc., v. Martinez, et. al., the Superior Court of Pennsylvania upheld the jury’s verdict and award of more than $55 million to Plaintiff Carlos Martinez, who was rendered a quadriplegic after he lost… more

EU Clarification on CCP Portfolio Margining Requirements

The European Securities and Markets Authority has published an Opinion addressed to EU national regulators on the portfolio margining requirements for CCPs under the European Market Infrastructure Regulation. The Regulatory Technical… more

District Court Rules Plaintiff Failed To Plead Real Estate Investment Was A “Security”

Both the Securities Act of 1933 and the California Corporate Securities Law of 1968 provide similar, but not the same, definitions of a “security”. See Making A List Of Securities And Checking It Twice. Although these lists are… more

Canada expands protection of individual rights with new legislation on genetic testing and privacy

Significant legislative changes are on the horizon in the field of genetic testing with Parliament’s recent passage of Bill S-201: An Act to Prohibit and Prevent Genetic Discrimination (“Act”). The Act will implement broad protections… more

Trump Administration Releases Blueprint of Tax Reform

On April 26, 2017, the Trump Administration announced a blueprint of tax reform principles that is described as “The Biggest Individual and Business Tax Cut In American History.” The Administration identified four goals for tax reform… more

Past is Prologue: The Future of US and UK Arbitration

Much has been said and written about the UK public’s decision in June 2016 to leave the European Union and the November 2016 election of President Donald Trump. It seems obvious that these momentous events will have profound… more

Employee Business Expenses must be Ordinary and Necessary

Employees may be able to deduct their work related expenses as an itemized deduction. These expenses must be unreimbursed expenses that are ordinary and necessary to their work as an employee. According to IRS, an ordinary expense is… more

Compliance is Not “Rocket Science”

In the compliance arena, like in many others in life, we value simplicity. I have repeatedly stressed the importance of compliance initiatives that are relatively simple. Too often, lawyers and compliance professionals confuse… more

Antitrust practice as a matter of legal business (Ukrainian)

Over the past 10-15 years, the relevance of antitrust and competition law issues has increased considerably. In order to provide efficient consultations, the large law firms have established separate antitrust practices. The article… more

[Video]Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S.

For patent applications, the disclosure requirements differ among various countries. Two of the most important territories, the United States and the European Patent Convention, scrutinize parts of the patent disclosure… more

United States District Court Judge Blocks Trump Administration from Withholding Federal Funds from Sanctuary Cities

On April 25, 2017, United States District Court Judge William Orrick imposed a temporary injunction on any attempts by the Trump administration to enforce portions of an executive order that called for the withholding of federal funds… more

St. Louis’s Minimum Wage Increase to Take Effect in the Coming Days

On April 25, 2017, the Supreme Court of Missouri issued its mandate in Cooperative Home Care, Inc. v. City of St. Louis (No. SC95401), paving the way for St. Louis City’s minimum wage ordinance to take effect, which will increase the… more

[Video]2017 IP Developments

Brinks Gilson & Lione attorneys discuss the issues that will be front and center on the minds of intellectual property departments and attorneys in 2017. Firm president, Jim Sobieraj, will moderate this panel of presentations by… more

The DTEK Restructuring - The Final Chapter

The court’s sanction of DTEK's latest scheme includes novel references to its outstanding bank debt and helpfully rules on the controversial 'domicile test'. The DTEK group recently implemented a long-term restructuring of its… more

Food and Beverage News and Trends - April 2017

Six consumer groups ask major food companies to oppose regulatory reform bill. On April 11, a coalition of six consumer organizations sent a letter to 11 major food manufacturers, retailers and restaurant chains, calling upon them to… more

New Changes to Massachusetts Regulations on Criminal History Checks

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal Justice… more

FERC Gets Another Round on Energy Storage

On April 13, the Energy Storage Association filed a complaint at the Federal Energy Regulatory Commission against PJM Interconnection, arguing that PJM’s recent changes to how it determines the benefit of a limited-energy frequency… more

Fresenius Kabi Acquires Merck KGaA’s Biosimilars Business

On Monday, April 24, 2017, Fresenius Kabi and Merck KGaA announced that Fresenius will be acquiring Merck KGaA’s biosimilars business. According to Merck KGaA’s press release, Merck KGaA’s biosimilar portfolio focuses on oncology and… more

Frequently asked questions: non-Canadian funds selling in Canada

The purpose of this paper is to provide a high-level overview of certain regulations applicable to non-Canadian closed-ended investment funds1 marketing to Canadian investors. Please see full Paper below for more information… more

Court Affirms Sanctions Order Against Fiduciary Due To Discovery Abuses

In Eng v. Kolbe, a mother sued her daughter for abusing a power of attorney document. No. 03-15-00409-CV, 2017 Tex. App. LEXIS 2680 (Tex. App.—Austin March 30, 2017). The daughter was assisting her aging parents with their finances as… more

Analysis: Supreme Court Oral Argument in Sandoz v. Amgen

The transcript of the April 26 Supreme Court oral argument in Sandoz v. Amgen has been posted online. As we covered briefly, the questioning during today’s argument focused primarily on three points… more

Health Alert (Australia) April 24, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 April 2017 - Medical Board Of Australia and Nuttall [2017] WASAT 58 - National Law - Professional misconduct - Advice - Lacking experience… more

Shareholder Seeks to Block Amendment to Intel Stock Plan

A shareholder of Intel Corporation has filed a complaint in the United States District Court for the Southern District of New York. The shareholder seeks a preliminary and permanent injunction and any other appropriate relief with… more

Buy and Build Strategy Increases Antitrust Risk for Private Equity

Private equity firms have sought a greater number of buy and build opportunities in recent years, amid high valuations and competition for primary deals. In our view such deals carry higher antitrust risks and warrant careful… more

Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that verbally… more

Maine community solar procurement bill, LD 1444

This week a committee of the Maine state legislature is scheduled to hold a public hearing on a bill that would direct state regulators to enter into long-term contracts to procure 120 megawatts of large-scale community solar… more

EEOC and Flying Star Transport Settle ADA Claims for $65,000

Federal Agency Steers Hiring Case of Driver With Amputation to Early Resolution - AMARILLO, Texas - An Amarillo, Texas-based fuel transport company has agreed to pay $65,000 and furnish other relief to settle a disability… more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC39614 - In re Harmony Q. - AC37573 - Rosa v. Commissioner of Correction - AC37913 - State v. Berthiaume - AC37913 Concurrence - State v. Berthiaume… more

[Video]Day 19 of One Month to 3rd Party Management-Risk Ranking in the Supply Chain

One of the areas many companies do not focus on enough is possible corruption in their Supply Chain (SC) for goods and services provided on a company’s behalf. The FCPA risks can be just as great through those entry points as it can be… more

The standard of fairness in South African law – a case for the petroleum industry

Pacta sunt servanda is a longstanding principle under South African law. This principle recognises that parties are free to contract and must be bound by the terms of an agreement. However, pacta sunt servanda is not without… more

Novartis’ Gilenya Patent Invalidated as Obvious

On April 12, 2017, the Federal Circuit affirmed the determination by the US Patent and Trademark Office (USPTO), Patent Trial and Appeal Board (Board) that the claims of U.S. Patent No. 8,324,283 (“the ’283 patent”) were invalid as… more

Different Power Rules Apply to Men than to Women (LWB Farewell Series)

A just released study by the Yale Law Women documents that class participation at Yale Law tends to be disproportionately male (H/T to Jeff and Lior Strahilevitz at Prawfblawg). Although the report offers prescriptive advice for Yale… more

Global Employee Equity at a glance: Taiwan

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their… more

Using an S corporation to avoid self-employment tax

Our last post discussed self-employment (SE) tax and taxpayers’ efforts to avoid that tax when using an entity taxed as a partnership to conduct business. It concluded that a limited partnership that conducted business directly or… more

California Advances PBM Licensing and “Transparency” Law

Last week, the California Assembly Committee on Business and Professions voted in favor of Assembly Bill 315. AB 315 seeks to amend the California Business and Professions Code: (a) to require PBMs to obtain licensure from the Board of… more

Anti-bullying order used to stop employer from finalising a misconduct investigation and taking disciplinary action

What orders can the FWC make? The FWC can make binding orders when it is satisfied that a worker has been bullied at work and there is a risk that the bullying will continue. The possible orders are far-reaching. To date, we… more

Final Draft Revisions to EU Supervisory Reporting Requirements for Sovereign Exposures and Operational Risk Published

The European Banking Authority has published a final report and final draft Implementing Technical Standards amending the existing ITS on supervisory reporting. The ITS on supervisory reporting collate the prudential reporting… more

PRC’s General Provisions of the Civil Law Enhance Personal Information Right and Data Protection

While new legislation introduces the right to one’s personal information and specifies data protection, the definition and scope of lawful uses remains uncertain. Key Points: ..A personal information right is recognized as a… more

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