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Organizing Data Privacy Within A Company

Although organizations have dealt with privacy issues for years, only in the past decade have they begun to view the complexities of privacy as requiring formal organizational structure, dedicated employees, and/or dedicated resources… more

Don’t Get Caught Whistling Winn-Dixie: Rethinking ADA Compliance After First-of-its-Kind Verdict

On June 13, 2017, the US District Court for the Southern District of Florida issued a verdict in a first-of-its-kind federal trial involving the alleged inaccessibility of a website under the Americans with Disabilities Act (ADA)… more

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D. Cappozi… more

Corporate and Financial Weekly Digest - Volume XII, Issue 24

BROKER-DEALER - FINRA Proposes to Make New TRACE Security Activity Reports Available - On June 19, the Financial Industry Regulatory Authority filed a proposed rule amendment that would make new Trade Reporting and Compliance… more

Ninth Circuit Finds Small Government Subdivisions Subject to ADEA

The Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees. For years, small local governmental units have understood that they are exempt from ADEA jurisdiction based on the actual number of… more

FINRA Releases New Guidance Regarding Social Media and Digital Communications

On April 25, 2017, the Financial Industry Regulatory Authority (“FINRA”) issued Regulatory Notice 17–18, Social Media and Digital Communications (the “Regulatory Notice”), addressing certain frequently asked questions regarding the use… more

UK: FCA call for input on access to insurance

On 20 June 2017, the Financial Conduct Authority (“FCA“) published a Call for Input inviting firms (amongst other stakeholders) to submit their views on the challenges they face in providing travel insurance to consumers who have (or… more

De Sole et al. v. Knoedler Gallery, LLC et al.: #FAKES

In the past, when one thought of “art” and “risk,” World War II–era looting and restitution often came to mind. While these issues are certainly still prominent, the importance of due diligence and risk management have increasingly… more

IV Anti-Money Laundering Directive: the issuance of the Italian Legislative Decree implementing the Directive

The Legislative Decree No. 90 of May 25, 2017 has been published in the Ordinary Supplement No. 28 of the Italian Official Gazette No. 140 of 19 June 2017 (the Decree). The Decree amends the legislative decrees No 231 dated 21 November… more

New rules on significant controllers target AIM

UK incorporated AIM companies are now within scope of the "people with significant control" regime in Part 21A of the Companies Act 2006 (the PSC regime). Under the terms of the implementing statutory instrument they will, from 24 July… more

Compliance Lessons From Uber: Takeaways for Tech Startups

While the media has widely covered the resignation of Uber’s CEO Travis Kalanick, it has largely ignored important lessons that tech startups can draw from Uber’s experience. In fact, the series of events leading up to Kalanick’s… more

The Supreme Court - June 23, 2017

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau entered… more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may require ID of status updates posted by “bots”

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment… more

Coming Soon to Your State? Laws Banning Inquiries into Applicant Salary History Gaining Steam

As reported by HRLegalist earlier this year, Philadelphia’s City Council unanimously approved a pay equity bill making Philadelphia the first city in the nation to adopt comprehensive “wage-gap” legislation. Under the Wage Equity Law… more

HHS Publishes Health Care Cyber Attack Checklist

HHS has published a very brief guide, in the form of a checklist, to explain the steps for a HIPAA covered entity or business associate to take in response to a cyber related security incident. You can access the checklist at this… more

Second Circuit Sets Standard for Disclosure of Interim Financial Results in Offering Documents

On June 21, 2017, the U.S. Court of Appeals for the Second Circuit issued a decision of first impression that sets the standard for determining whether to disclose interim financial documents in a prospectus. In addition, the court… more

Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement Proceedings

The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In fact, the… more

Procurement Pulse - June 2017

Procurement legislation provides certain guidance on how to run an impartial procurement process - including minimum time limits for submitting expressions of interest or bid documentation, prescribed criteria for selecting bidders… more

The Supreme Court Clarifies Patent Rights After a Patented Item is Sold

On May 30, 2017, in Impression Products, the U.S. Supreme Court ruled that a patent owner’s sale of an item, either within or outside the United States, exhausts all of the patent owner’s patent rights in that item, regardless of any… more

Bracing for Takata Bankruptcy

The Wall Street Journal, June 16, 2017 edition, reports that Takata Corporation is preparing a bankruptcy filing, as soon as next week, in both Japan and the United States. A key reason for the United States’ Chapter 11 filing is to… more

GOP senators’ Trumpcare: Meaner in many ways than even House plans

After weeks of huddling in partisan secrecy, majority Republicans in the U.S. Senate have coughed up what they’ve dubbed the Better Care Reconciliation Act, aka their version of Trumpcare… more

CEQA Review of Cannabis Regulations - Comment Period Opens on Draft Program Environmental Impact Report of MCRSA and AUMA

The California Department of Food and Agriculture recently released its CalCannabis Cultivation Licensing Draft Program Environmental Impact Report. The intent of the PEIR is to conduct environmental review of the regulations and the… more

Bridging the Week - June 2017 #4

CFTC Inspector General Strongly Criticizes Cost-Benefit Analysis Underlying Commission’s Rule Establishing Margin for Uncleared Swaps: The Office of Inspector General of the Commodity Futures Trading Commission said that the agency… more

Good Choice: Important Capital Formation Reforms in Financial CHOICE Act of 2017 Passed by House

On June 8, 2017, the House of Representatives passed the Financial CHOICE Act of 2017 on a vote of 233-186. Congress loves acronyms, and here “CHOICE” stands for Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs… more

CMS Releases MACRA Proposed Rule for 2018

On June 20, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule entitled, "Medicare Program; CY 2018 Updates to the Quality Payment Program." CMS proposes changes for the second year (2018) of the Quality… more

Will he or will he not issue the arbitration rule?

I have previously expressed serious doubt whether Director Cordray will issue a final arbitration rule. In the CFPB’s last semi-annual regulatory agenda issued last year, the CFPB stated that the arbitration rule would be issued in… more

Court Declines To Quash Subpoena Issued To South Carolina Department Of Insurance In Companion Property Case

We previously reported on this case on January 5, 2016, June 28, 2016, July 20, 2016, and December 14, 2016. The case concerns Companion Property and Casualty Insurance Company’s participation in a fronted insurance program with two… more

Your Daily Dose of Financial News

Troubled Japanese auto parts maker Takata, “crippled by vast airbag recalls,” has filed for bankruptcy protection in the US and is planning to sell its surviving operations to Key Safety Systems, an American rival owned by a Chinese… more

Second Circuit Says Contractual TCPA Consent Not Revocable

Last week, the Second Circuit Court of Appeals, in Reyes v. Lincoln Automotive Financial Services, held that contractual consent—once given—cannot be unilaterally revoked. The landmark Telephone Consumer Protection Act (TCPA) case… more

Deducting Payments Between Related Parties

Potential for Abuse- Many years ago, Congress decided that taxpayers who were “related” to one another should be required to use the same accounting method with respect to transactions between them in order to prevent the allowance… more

Zebra Crossings: the view on secondment in Johannesburg

When I left the UK, bound for Johannesburg, it was (and remains) a turbulent time with the UK government facing difficult negotiations in the coming years first over Brexit and now too in relation to its very ability to govern. It… more

KISS That Trademark Application Goodbye

We recently provided some commentary on Gene Simmons and his application to register the “devil horns” rock and roll hand symbol. Well, you can now KISS that application goodbye, as Mr. Simmons has expressly abandoned his federal… more

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a North Carolina… more

Philadelphia Beefs Up Enforcement Powers Against Employers

Mayor Jim Kenny signed legislation on June 22, 2017 that authorizes the Philadelphia Commission on Human Relations to order an employer to cease operations in the City of Philadelphia “for a specified period of time” if the Commission… more

What Must Be Proven in a California Slip and Fall Claim?

A slip and fall occurs when someone loses their balance because of a slick spot or because they tripped over something on the property. As a result, they are injured in some way. Slip and falls in San Fernando Valley can be dangerous… more

In Case You Missed It: Launch Links - June, 2017 #3

Some interesting links we found across the web this week: How to Bypass Bureaucracy When Scaling Your Startup - Keeping that startup-feel alive beyond the growth stage can be difficult… more

FSMA: What Every Food Industry Executive Should Do & Why

With six of the seven rules implemented under the 2011 Food Safety Modernization Act (FSMA) currently being enforced, what should you know and do? Here are some considerations for facilities that manufacture, pack, process, hold… more

Spanish law endorses a new class of senior "non-preferred" debt instruments (or senior second ranking notes): the starting gun has been fired

Royal Decree-Law 11/2017 of 23 June on urgent actions on financial matters (RDL 11/2017) has recently been approved by the Spanish Government. RDL 11/2017 (3rd paragraph of Article 3) has amended Law 11/2015 (implementing BRRD in… more

[Audio]The Strategy Behind Strategic Planning

Jim McAlpin joins host Jonathan Hightower to discuss the steps that banks should take to ensure effective strategic planning sessions, along with common mistakes that banks make in approaching the planning process… more

Treasury Seeks to Reshape Financial Services Regulatory Regime

On June 12, 2017, the U.S. Department of the Treasury issued a 150-page report called for by President Trump’s Executive Order 13772 on Core Principles for Regulating the United States Financial System. The Report, entitled “A… more

Delaware Becomes Third State to Ban Pay History Inquiries

On June 14, 2017, Governor John Carney made Delaware the third state to ban inquiries regarding pay history during the employment application process. Delaware joins Massachusetts and Oregon, as well as Puerto Rico, New York City and… more

NY energy storage bill would launch program

The New York legislature has unanimously passed a bill establishing an energy storage deployment program. The bill, S. 5190, aims to promote the installation of energy storage systems… more

Posner Pounces on Class of “Dissatisfied” Eye Drop Purchasers

Raleigh-based litigator Joan Dinsmore brings us a discussion of yet another memorable opinion by Seventh Circuit Judge Richard Posner. Earlier this year, the United States Court of Appeals for the Seventh Circuit refused to… more

The Dialogue: Sex Harassment in the Workplace — Still an Issue, but How Much?

The Dialogue, a online conversation between yours truly and a prominent employee-side attorney, Nina Pirrotti, returns today with another installment — this time tackling the topic of sexual harassment in the workplace. As for the… more

SCOTUS Rejects Dueling Bright Line Tests to Identify Property at Issue in Regulatory Takings Cases

The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking. In the broadest sense… more

Caffeine Crash: Court Denies Class Certification for Consumers Contesting Caffeine Content

A United States district court recently tossed a certification bid by a putative class of consumers who alleged that popular energy-shot, 5-Hour Energy, deceptively marketed its effectiveness. The action arises out of what appears… more

Caffeine Crash: Court Denies Class Certification for Consumers Contesting Caffeine Content

A United States district court recently tossed a certification bid by a putative class of consumers who alleged that popular energy-shot, 5-Hour Energy, deceptively marketed its effectiveness. The action arises out of what appears… more

“Big Data” and Student Privacy Create Tensions for Lawmakers and Educators

“Big data” in the education context refers to the massive amount of information collected by K-12 schools and higher education institutions on student socio-economics, race and sex, test performance, academic performance, graduation… more

Are You Affiliated? The Supreme Court Further Limits Forum Shopping in the Mass Tort Context

Pardon the Jimi Hendrix allusion, but it seemed appropriate given yesterday’s Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (June 19, 2017), in which the California Supreme Court’s… more

Funds Should Gear to Tap into U.S. Infrastructure Growth

Last week, investors from all over the world gathered in Washington for the annual SelectUSA Investment Summit. Despite what were sometimes pessimistic headlines, the message they heard was clear: America is open for business and… more

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