Latest Updates

From Mass to Class: Freeman v. Grain Processing Corporation

Over the past two decades, large agricultural operations have become a popular target for plaintiffs’ attorneys. Bringing claims under common law causes of action like negligence, trespass, and especially nuisance based on the… more

Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex parte Hafner… more

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For example… more

100 Million Reasons For Open Source Compliance

CoKinetic Systems Corporation filed suit against Panasonic Avionics Corporation, seeking damages in excess of $100 million, in part, for violation of the GPL v2 open source license. CoKinetic alleged that Panasonic blocked competitors… more

A New Employment Law Frontier: Illinois' Biometric Information Privacy Act

An emerging area of the law has become the focal point in a new class action lawsuit pending in the U.S. District Court for the Northern District of Illinois. In Baron v. Roundy's Supermarkets, Inc., et al. (No. 1:17-cv-03588), the… more

Deeper Dive: Security Is a Big Deal for Big Data

In the rapidly expanding landscape of Internet-based data analytic services, companies across all industries with a significant online presence have faced or will face a data breach resulting from their collection and use of Big Data… more

Compensation events under NEC3: Prospective vs Retrospective Assessment

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is different… more

SEC Disclosure Trends Related to Brexit and the Trump Administration

The Brexit vote and President Donald Trump’s election and proposed regulatory and other reforms have led to worldwide geopolitical uncertainty. We expect reporting companies will continue to disclose risk factors relating to these… more

Grant and cooperative-agreement recipients: Are your procurement standards compliant yet?

Local governments, Native American tribes, institutions of higher education, or non-profit organizations (including health care organizations) that receive grants or cooperative agreements (or part of either type of Federal award) must… more

The American Health Care Act, the Sequel Receives Its CBO Grade

Perhaps the high fives in the Rose Garden of the White House a few weeks ago may have been a bit premature. On Wednesday, May 24, 2017, the non-partisan Congressional Budget Office (CBO) released its analysis of the revised American… more

[Audio]Won’t You Be My Neighbor?

Sometimes the local rules require some sort of community outreach before or during the application process – and sometimes it’s a good idea to reach out to the community whether it’s required or not. In this episode, DWT attorneys… more

Ransomware Attack Hits Dallas Senior Living Community

No industry is immune from ransomware attacks—including senior living communities. Senior living communities have exploded now that baby boomers are selling homes, down-sizing and getting ready for that stage of life. Many of us… more

OSHA Indefinitely Delays E-Recordkeeping Data Submission Requirements

In the final year of the Obama Administration, OSHA published a controversial amendment to its Injury and Illness Recordkeeping Rule known as the “Improve Tracking of Workplace Injuries and Illnesses” Rule. As published last year, the… more

What’s Next for the Advertising Industry? Blockchain

Industries are increasingly harnessing blockchain technology in new and innovative ways. Blockchain – a digital record, or ledger, of transactions – has the potential to revolutionize the way in which we conduct business across a… more

The Rapidly Evolving Legal Landscape for New York Employers

New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions from… more

How Today’s Employers Can Avoid The Heat With Their Unpaid Summer Internship Programs

Memorial Day weekend is upon us: the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has officially… more

Blog: High Court revisits the question of the breach of duty of care in relation to mesothelioma

English law has developed a body of principles to address the particular problems posed by mesothelioma. This special area of law is known as the “Fairchild enclave”, a reference to the House of Lords decision in 2002. The Court has… more

Appellate Court Rejects CEQA Challenges to Development in Santa Ana - BB&K Team Represented City

In a decision that supports both history and progress, a California appellate court on Wednesday rejected several legal challenges to a residential project on a portion of a former orchard. Representing the City of Santa Ana, Best Best… more

New Jersey Sports Gaming In Flux: State Moves To Regulate Daily Fantasy Sports While Legalized Sports Betting Faces Greater Hurdles

In a highly-anticipated brief by the Solicitor General, the United States argued today that the Supreme Court should not take up New Jersey’s challenge to federal laws preventing it from legalizing sports betting. Despite President… more

Traps for the Unwary: Are Financial Institution receiving adequate FATCA consulting and training?

FATCA is Chapter 4 of the Internal Revenue Code (IRC). It conscripts Foreign Financial Institutions (FFIs) to act as reporting and withholding agents for the U.S. Government. To enforce its conscription, it contains a mechanism for… more

Using Your Payroll Provider As Your 401(k) TPA Is A Big Mistake

Like beating a dead horse, I will again say that it is a bad idea for plan sponsors to hire their payroll provider as their 401(k) third party administrator (TPA)… more

European Parliament Adopts Resolution on FinTech

On May 17, 2017, the European Parliament voted in plenary to adopt a resolution on FinTech and the influence of technology on the future of the financial sector. The provisional text (P8_TA-PROV(2017)0211) of the resolution has been… more

Delaware - The New Black For Patent Litigation?

This week the Supreme Court made the problem of deciding where to incorporate a little more complicated. Sure, your company could still choose Delaware for its well-developed business laws. But how does Delaware stack up in patent… more

Do Winning Parties Tend to Have More Amicus Support in Civil Cases (Part 1)?

For the past two weeks, we’ve been reviewing the data on the Supreme Court’s experience with amicus briefs, asking whether petitioners or respondents tend to average more amicus support. Now, as a further step towards modeling the… more

The Supreme Court Will Review the Board’s Partial Institution Practice

On May 22, the U.S. Supreme Court granted SAS Institute’s Petition for Cert seeking review of the Board’s practice of instituting review of some challenged claims but not others. In the Federal Circuit’s decision on appeal, Judge… more

CFTC Launches LabCFTC as Major Fintech Initiative

On May 17, 2017, the Commodity Futures Trading Commission (“CFTC“) approved the creation of LabCFTC, which it describes as “a new initiative aimed at promoting responsible fintech innovation to improve the quality, resiliency and… more

A Bridge Over Troubled Water: Singapore’s New Restructuring & Insolvency Framework Is Being Introduced When It Is Most Needed

Further to K&L Gates’ Singapore Restructuring and Insolvency Alert dated 5 December 2016, Singapore’s revised restructuring and insolvency legislation has come into effect. The amendments to the Companies Act, summarised in the… more

The State of Incorporation Is the TC Heartland of the Matter

In what is perhaps one of the most highly anticipated U.S. Supreme Court patent law decisions since Alice Corp. v. CLS Bank Int’l, the Supreme Court held on May 22 that, for purposes of venue in patent cases, a defendant corporation… more

FTC Releases Cross-Device Tracking Guidance

In January, the Federal Trade Commission (FTC) released guidance that will be of interest to companies that utilize cross-device tracking. Cross-device tracking refers to a company’s ability to link a consumer’s behavior on a website… more

Fallout from Target’s 2013 Data Breach includes an $18 Million Multistate AG Settlement

Target Corporation agreed to an $18.5 million settlement with 46 State Attorneys General and the Attorney General of the District of Columbia this week, resolving allegations that the company failed to provide reasonable data security… more

Shareholder-Approved Award Limits for Non-employee Directors: Legal Update and Actions to Consider

A recent Delaware court decision validates the trending practice to add specific limits on non-employee director pay in public company “omnibus” incentive compensation plans, to be approved by shareholders. Non-employee directors… more

[Video]Day 20 - Compliance Leadership from the Bottom

The key concept from the Department of Justice’s (DOJ) Evaluation of Corporate Compliance Program (Evaluation) is operationalization. For instance, under the query Shared Commitment is the following question - “How is information… more

New York’s Highest Court Asked To Decide Whether New York City Human Rights Law Protects Mistaken Perception Of Alcoholism

New York’s highest court, the New York Court of Appeals, has been asked to decide the question of whether the New York City Human Rights Law permits a claim of disability discrimination based solely on a perception of untreated… more

BREAKING: Full Second Circuit To Reconsider Whether Title VII Prohibits Sexual Orientation Bias

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer complained about… more

CMS Delays Start Date for Medicare Cardiac/Hip Fracture Episode Payment Model Until 2018; Parallel CJR Changes Also Pushed Back

The Centers for Medicare & Medicaid Services (CMS) is delaying until January 1, 2018 implementation of mandatory Medicare episode payment models (EPMs) for acute myocardial infarction, coronary artery bypass graft, and surgical… more

Employer’s Refusal To Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state… more

The Fight For Legal Services Corporation

Describing the value of legal services, Supreme Court Justice Elena Kagan once said, "As a society, we do not do nearly as well as we ought to in enabling low-income, and for that matter middle-income, Americans to get the… more

Georgia’s SB 201 Will Require Sick Leave To Be Used For “Family” Reasons

One hot topic right now in the employment world is family and medical leave laws. There has been a push in the federal arena as well as many states to establish or improve family leave and sick leave requirements for the private sector… more

California DPR Requirement Issues Guidance on Registering Impregnated Materials – Registrations Due

On May, 24, 2017, the California Department of Pesticide Regulation (DPR) issued guidance regarding its Notice 2015-13 to applicants registering pesticide impregnated materials bearing pesticide claims to be sold and distributed into… more

DOJ Continues to Crack Down on SBA Fraud

On April 25, 2017, the DOJ announced that Michelle Cho, an officer of Far East Construction Corporation and other companies, received both prison time and civil penalties for her involvement as the mastermind of a fraudulent scheme to… more

Fiduciary Rule ? No Further Delays

Three items of key importance with respect to the Department of Labor’s (“DOL”) rule changing the definition of the term “fiduciary” (the “Fiduciary Rule”) happened on May 22, 2017: 1. Secretary of Labor Alexander Acosta confirmed… more

OSHA Filing Date Up in the Air: A Summary of the Electronic Occupational Injury/Illness Reporting Requirement

Last year, the Occupational Safety and Health Administration (OSHA) promulgated a regulation that requires, among other things, certain employers to electronically submit occupational injury/illness information to OSHA beginning in… more

Blog: Does It Pay To Challenge The SEC Over Non-GAAP Financial Measures?

As discussed in this article, the WSJ engaged Audit Analytics to perform an analysis of SEC comment letters and company responses regarding the use of non-GAAP financial measures. What did they find? Companies are winning the argument… more

Germany Publishes Final Report from Project on Methodology for Identifying Granular Biopersistent Particles at Workplaces

Germany’s Federal Institute for Occupational Safety and Health (BAuA) has published the final report for the project “Methodology for the Identification of Granular Biopersistent Particles (GBP) at Workplaces.” The final report states… more

Defending Competitive Harm with Efficiencies: A Fire Swamp of Trouble

The use of efficiencies as a defense remains without a firm footing in law when a transaction has demonstrable and substantial anticompetitive effects. In Rob Reiner’s classic fantasy adventure The Princess Bride, Princess… more

Fourth Circuit Court of Appeals Allows Wikimedia Upstream Suit to Proceed

On May 23, 2017, the Fourth Circuit Court of Appeals issued its opinion on Wikimedia foundation v. NSA/CSS. The Court vacated and remanded the NSA’s previously successful motion to dismiss Wikimedia’s Fourth and First Amendment claims… more

You Can’t Pick Your Facts

Clients can pick their own attorneys but they cannot pick their own facts. A recent case decided by Master Ayvazian highlights the difficulties that unfortunate facts can present. Creditors have eight months to file a claim… more

NAFTA Renegotiation Faces a Lengthy, Uncertain Future

On May 18, 2017, United States Trade Representative (USTR) Robert Lighthizer notified Congress that he is seeking to renegotiate the North American Free Trade Agreement (NAFTA). The notification triggers a 90-day consultation period… more

Foreign Investment Reporting to the United States: In-Bound Investment into the United States

Businesses making investments in the United States, directly or indirectly, are required to report this investment to the United States government. This “in-bound” investment is reported to the United States Department of Commerce… more

Reminder: Modern Slavery Statement Deadline

A gentle reminder for all those with a turnover above £36 million and doing business in the UK… more

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