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LGBT Rights Up in the Air

Changes that may impact LGBT rights in the workplace have employers spinning. This week's news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to their gender…more

Pre-contractual Negotiations – a New Codified French Regime

New French contract law provisions are now in force and apply to any contracts concluded after 1 October 2016. In previous related client alerts, we outlined this legal revolution in France and described the new recognition of…more

Lessons from the SEC’s Whistleblower Anti-Retaliation Cases

Originally published in NSCP Currents - February 2017. While announcements of large cash awards grab most of the spotlight for the Securities and Exchange Commission’s (SEC or the Commission) whistleblower program, SEC officers…more

Mandatory Disclosure of Third-Party Funding Agreements for Proposed Class Action Lawsuits

For years, certain lenders have agreed to fund all or part of a party’s litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice called “third-party litigation funding.” This has…more

Blog: 2017 M&A Trends Series: Negotiating Anti-Reliance Language

Buyers continued to assert fraud claims in private deals with increasing alacrity. In a typical claim, a buyer may allege that management provided information during due diligence regarding the company that misrepresented the company’s…more

Transactional Data Reporting: A Brave New World

As part of its Category Management initiative, the U.S. General Services Administration (“GSA”) has piloted the Transactional Data Reporting rule (“TDR”), which is meant to provide a greater degree of transparency into the federal and…more

NY DFS Cybersecurity Regulations Take Effect March 1, 2017

We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28, 2016…more

Plaintiffs in Another Case Challenging CFPB's Constitutionality Move to Intervene in PHH Case

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew have filed a "Motion To Intervene In Any En Banc Proceeding That May Be Granted" in the PHH case. The motion follows the D.C. federal district court's denial of…more

NY Proposed Budget Would Expand NYDFS Authority over FinTech Lending Companies

Lender license requirements recently included in the New York governor’s proposed 2017-2018 budget would expand the jurisdiction of the New York State Department of Financial Services (NYDFS) to cover many financial technology…more

Rescinded Guidance on Transgender Students’ Access to Sex-Segregated Facilities Raises Questions for Educators

In the latest chapter in the saga of evolving legal rights and protections for transgender students, on Feb. 22, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior guidance on…more

Reporting of U.S. Ownership on TIC Form SHC Due by March

The U.S. Department of the Treasury (“Treasury”) is currently collecting data from U.S. institutions in connection with its mandatory five-year benchmark survey of the ownership of foreign securities by U.S. residents. For purposes of…more

Ohio's New Law Altering the Concealed Carry Obligations of Employers Goes Into Effect in March

The effective date of Ohio’s new concealed carry law that will alter the ability of Ohio’s employers to ban firearms on their property and premises is quickly approaching. Signed by Governor John Kasich on December 19, 2016, Senate…more

Editing the future: A brief introduction to CRISPR

For those with an interest in life sciences, the rise to prominence of CRISPR has been impossible to ignore. It seems a day does not go by without the discovery of a new application for the technology or a new variant of one of the…more

European Regulators to Take Risk-Based Approach to Variation Margin Compliance

On February 23, 2017, the European Supervisory Authorities (ESAs) announced that neither the ESAs nor competent authorities (CAs) would provide over-the-counter (OTC) derivatives dealers subject to European Market Infrastructure…more

Trump Administration Clamping Down on Regulatory Activity with Controversial “One-In, Two-Out” Order

The Trump Administration has made an effort to clamp down on regulatory activity by his executive branch, issuing an executive order directing agencies to repeal two regulations for each one rule they issue (“one-in, two-out”) and…more

Qatar: A Promising Start

Originally published in Islamic Finance News - February 22nd, 2017. The last month presented an opportunity to reflect on the performance of the banking sector in Qatar during the past year, with the majority of the banks…more

Albany County Enacts Legislation Prohibiting Inquiries into Criminal Convictions for County Employment

Following a national trend to “ban the box” on job applications, on February 13, 2017, the Albany County Legislature passed legislation prohibiting Albany County from inquiring about an applicant’s criminal conviction history until…more

D.C. Circuit Agrees to Hear Controversial PHH Case En Banc

On Feb. 16, 2017, the D.C. Circuit granted the CFPB’s petition to rehear en banc the court’s landmark October 2016 decision finding that the structure of the CFPB was unconstitutional. In its Feb. 16, 2017, order the D.C. Circuit…more

Who Would Face Liability For Oroville Dam Management?

On Feb. 12, 2017, the Butte County, California, sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency spillway…more

[Video]Employment Law This Week: DC’s Paid Leave Law, NYSDOL Regulations Revoked, Outsourcing Violated the NLRA, HHS Regulations Affect Employers

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

Continuing to Adjust Penalties: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“2015 Act”) became law in November 2015. The stated purpose of the 2015 Act is “to improve the effectiveness of civil monetary penalties and to maintain…more

Blog: For The Avoidance Of Doubt, Acting Corp Fin Director Confirms Conflict Minerals And Pay-Ratio Disclosure Rules Still In Effect

As reported by the WSJ, at the SEC Speaks conference today, to avoid any doubt on the matter, Acting Corp Fin Director Shelley Parratt reminded companies that, notwithstanding the two requests for public comment issued by Acting SEC…more

U.S. Department of Justice and Department of Education Rescind Obama Era Guidance on Transgender Students

On February 22, 2017, in its first “Dear Colleague Letter,” the Trump Administration withdrew existing U.S. Department of Justice and Department of Education guidance that interpreted Title IX’s protections against sex discrimination…more

Under the Dark of Night, DOJ Moves the Compliance Ball (Part I of IV)

In an unusual move, the Justice Department issued an important document in the dead of night – Evaluation of Corporate Compliance Programs. We have no explanation from the Justice Department for the issuance of this document. I…more

California Court Blocks Local Measure Banning Ground Application of Biosolids

In a victory for municipalities that recycle biosolids to farmland, Los Angeles’ sanitation district prevailed in its suit against a Kern County initiative banning land application of biosolids. See County Sanitation Dist. No. 2 of Los…more

[Video]Your Cyber Minute: Current GDPR regulatory and enforcement landscape

The conversation continues with Partner Harriet Pearson and Head of our Privacy and Cybersecurity practice in Europe Eduardo Ustaran as they go deeper into what clients need to know when it comes to compliance around the Global Data…more

Taxpayers Will Not Need to Report Obamacare Compliance to Avoid Tax Return Rejection

On January 20, 2017, President Trump issued an executive order directing federal agencies to exercise authority and discretion available to the to reduce the potential burdens of the Affordable Care Act (Obamacare). In accordance with…more

Capitol Hill Healthcare Update

Meeting privately with Senate Republicans to discuss next steps on the ACA was among the first actions taken last week by the new Secretary of the U.S. Department of Health and Human Services Tom Price. But GOP senators left the…more

A Change of Pace? Pirate Radio Actions Signal A Possible Shift to Accelerated Issuance of Forfeiture Orders

On Thursday, February 23, 2017, the Federal Communications Commission (FCC) issued a pair of forfeiture orders against pirate radio operators. Each was subject to a $25,000 fine for allegedly continually operating unlicensed radio…more

FTC and 10 States Settle with Caribbean Cruise Lines for Robocall Accusations

Last week, the Federal Trade Commission (FTC) and ten states settled charges against the Florida-based cruise line, Caribbean Cruise Line, Inc. (CCL), for an illegal telemarking campaign that inundated consumers with billions of…more

"US Supreme Court Holds That Exporting One Component of Invention Abroad Does Not Suffice for Patent Infringement"

In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise to patent…more

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to Transgender Students

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that Title IX…more

Department of Justice Issues Principles of an Effective Compliance Program

The Department of Justice issued a directive entitled “Evaluation of Corporate Compliance Programs.” The document provides insight into the analysis used by the DOJ to assess the effectiveness of a corporate compliance program when…more

SEC Whistleblower Program May Be Facing Congressional Cutback

According to a memo circulating amongst Republican-party leaders as of February 13th, Republicans in the House of Representatives are planning to propose a significant curtailment of the U.S. Securities and Exchange Commission’s (SEC)…more

A Close Look at Policy Wording Is Essential to Ensure Coverage for Cyber Risks

As the demand for insurance coverage for cyber-related losses continues to grow, more insurance companies are offering cyber insurance policies and endorsements, but the market is far from mature and the available policies far from…more

Graceworks Lutheran Services to Pay $30,660 to Settle EEOC Disability Discrimination Lawsuit

Company Refused to Hire Applicant Because of Her Deafness, Federal Agency Charged - LOUISVILLE, Ky. - Graceworks Lutheran Services, a housing and care service provider located in Dayton, Ohio - with over 1,000 employees in Ohio…more

Trump Administration Sending Mixed Signals about Support of LGBT of Rights

In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community…more

Bass, Berry & Sims Releases Securities & Shareholder Litigation 2017: A Look Ahead

Bass, Berry & Sims PLC announces the release of its annual "Securities & Shareholder Litigation 2017: A Look Ahead," a high-level report that covers recent developments and offers best practices for the year ahead. The newly released…more

Final Written Decision Relies on Unexpected Results To Uphold Pozen’s Ulcer Reducing Vimovo® Claims Over Kyle Bass’s IPR Challenge

The PTAB issued a Final Written Decision upholding Pozen’s ulcer reducing Vimovo® claims based on unexpected results in Coalition For Affordable Drugs VII LLC v. Pozen Inc., IPR2015-01718, Paper 40 (P.T.A.B., Feb. 21, 2017)…more

Damages in bullying claims – the stakes are rising even higher

The Victorian Supreme Court recently issued a stunning decision awarding an employee over $600,000 comprising $210,000 for pain and suffering and the balance for lost past and future income, despite the employee having a significant…more

In Summary Order, Second Circuit Provides Guidance to Courts Deciding Motions for Sentence Reductions

On February 16, 2017, the Second Circuit (Leval, Calabresi, Carney) issued a summary order in United States v. Lopez, No. 16-1019, vacating and remanding for reconsideration the district court’s denial of the appellant’s motion for a…more

PTAB Invokes 35 U.S.C. § 112(6) To Construe Patent Claim Term During IPR Proceeding

In a recent decision (IPR2016-01372) to institute an Inter Partes Review (IPR), The United States Patent Trial and Appeal Board (“PTAB”) invoked pre-AIA 35 U.S.C. § 112 paragraph 6 (now 35 U.S.C. § 112(f)) to interpret the claim term…more

NFL Owners, Commissioner Consider Question of NFL Conduct Policies Regulating Non-Football Offenses Once Again

New York Jets player Darrelle Revis is entering the third year of his approximately $70 million five-year contract with the team. He is slated to receive a $13 million base salary ($6 million fully guaranteed) and a $2 million roster…more

Chairman Goodlatte Outlines Sweeping Agenda for House Judiciary Committee

With Washington undergoing a transformation the likes of which has not been seen in decades, House Judiciary Committee Chairman Bob Goodlatte recently outlined his committee’s priorities for the 115th Congress. Speaking at an event…more

The Growing Importance of Data Analytics for Corporate Legal Departments

This month, the Coalition of Technology Resources for Lawyers (“CTRL”) released the results of its survey regarding the use of analytics by corporate legal departments. Data analytics is the use of specialized data systems or software…more

Trump Administration May Enforce Federal Laws Prohibiting Non-Medical Use of Marijuana

In one of the Trump Administration’s first public statements on recreational marijuana, White House Press Secretary Sean Spicer stated in a press conference today that the Department of Justice may seek “greater enforcement” of the…more

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods. In addition to any express warranties made by the seller, the law implies certain warranties in some contracts unless…more

Ten things to consider when you do a leveraged finance deal in Germany

European Leveraged Finance Alert Series: Issue 2 - As forecasted in our 30 January 2017 publication "European leveraged debt fights back," we expect 2017 to be a year where high yield bonds and covenant light "term loan B" loans…more

Do Arbitration Agreements Between Nursing Homes and Patients Violate Public Policy-- or Are They Enforceable Under the FAA?

The Federal Arbitration Act (FAA) provides for enforcement of arbitration agreements in a “contract evidencing a transaction involving commerce” in the district court. A nursing home sought to enforce arbitration agreements signed by…more

EEOC Sues Fracking Company for Race-Based Harassment and Retaliation

Downhole Technology Fired a Black Employee for Complaining About Racial Intimidation With a KKK Hood, Federal Agency Charges - HOUSTON - A manufacturer of equipment used in hydraulic fracturing ("fracking") violated federal law…more

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