Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

FRANCHISOR 101: Non-Competes for Franchisees’ Employees

A "non-compete" provision limits the franchisee's ability, after the franchise agreement ends, to continue to work in a similar type of business to the franchise within a certain time period and geographic area. The purpose is to…more

Specific, Discrete Implementation of Abstract Idea Is Patent Eligible

Once again addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit this time reversed a finding of ineligible subject matter based on the Alice step two inventive concept inquiry. BASCOM…more

New OkPOLST form designed to improve end-of-life and crisis care

Beginning Friday, August 26, 2016, Oklahomans have another tool available to them for use in planning end-of-life care and treatment. It’s called an OkPOLST, which stands for Oklahoma Physician Orders for Life-Sustaining Treatment. An…more

A step closer - The SEC still has some work to do to finalise its framework for SBS dealer registration but firms are already expected to set compliance plans in motion

More than six years after the enactment of the Dodd-Frank Act, and more than three years after the US Commodity Futures Trading Commission (CTFC) required swap dealers to register in accordance with Title VII of that Act, it remains…more

New 340B Dispute Resolution Process: Will It Level the Playing Field?

On August 12, HRSA published a formal proposed rule regarding a 340B Drug Pricing Program administrative dispute resolution (ADR) process. HRSA’s use of the administrative rulemaking process is a rare occasion given its perceived…more

Compliance Is Tough, Build Your Network! Roy Snell, CEO of the SCCE, Explains [PODCAST]

Compliance is a team sport, and building a network to share ideas, experience, and concerns is critical. The Society of Corporate Compliance and Ethics (SCCE) has played a big part in my growth as a professional and in my knowledge of…more

Coal Plant Shutdowns: Operators Have Cyber Protection Obligations Even After Closing

As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after they throw the breakers, go off the grid, are no longer contributing to the bulk power…more

SC Court of Appeals Holds that Intervenor Rights Trump Plaintiff's

Order which adds a party is really an order granting intervention - Introduction - The South Carolina Court of Appeals recently released the decision of Dorn v. Cohen, Op. No. 5432 (S.C.Ct. App. filed Aug. 3, 2016)(Shearouse…more

CFTC Rule 3.10(c)(3): CFTC proposed amendments

On July 27, 2016 the Commodity Futures Trading Commission ("CFTC") released proposed amendments to the exemption from registration as an IB, a CTA or a CPO contained in CFTC Rule 3.10(c)(3) that remove the clearing requirement and…more

Breaking News – California High Court Expands “Specific” Personal Jurisdiction To Recreate “Exorbitant” Personal Jurisdiction Rejected by Daimler v. Bauman

It’s been two years since the First District California Court of Appeals issued its ill-founded decision in Bristol-Myers Squibb Co. v. Superior Court, 175 Cal. Rptr. 3d 412 (Cal. App. 2014), which used specific personal jurisdiction…more

Eighth Circuit Determines that Compliance with Reasonable Interpretation of Government Regulation Sufficient to Avoid FCA Liability (Absent a Government Warning to the Contrary)

The Centers for Medicare and Medicaid Services (“CMS”) establishes requirements for how medical procedures must be performed for a medical provider to seek payment for those procedures. Seeking payment without properly performing the…more

5 things to know about PPPs in Senegal

1. Public Private Partnerships are the “Main pillar of the Plan Senegal Emergent”. The Plan Senegal Emergent (PSE) is the country’s strategic plan for development and economic growth over the next decade. The PSE aims to position…more

China-Hong Kong Connect - Part 6: Approval of Shenzhen-Hong Kong Train

In November 2014, the Shanghai-Hong Kong Stock Connect (the“Shanghai-Hong Kong Train”), a pilot program for establishing mutual stock market access between Mainland China and Hong Kong, was officially launched. The new cross-border…more

New Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas Companies

Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the enforcement of…more

Judicial Hostility to Employment Arbitration Flares up in 9th Circuit

When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges the agreement. Since this area of law changes continuously, that’s…more

Focus on Middle East dispute resolution

The Dubai International Financial Centre as a conduit jurisdiction - In DNB Bank ASA v. Gulf Eyadah Corporation and Gulf Navigation Holdings PJSC CA 007/2015, the DIFC Court of Appeal has delivered a landmark judgment which…more

EON v. Apple: District Court Permits Plaintiff to Present Technology Tutorial Through Expert Consultant Not Previously Designated

Apple filed an objection to EON's plan to present a technology tutorial through its expert consultant. Apple asserted that the consultant was not disclosed as an expert on whom EON intended to rely upon during claim constructions, as…more

Ohio Court Holds No Coverage for Misrepresentation Claims

In its recent decision in Lakeside Terrace Home Sales, Ltd. v. Arrowood Indem. Co., 2016 U.S. Dist. LEXIS 114828 (N.D. Ohio Aug. 26, 2016), the United States District Court for the Northern District of Ohio, had occasion to consider…more

Compliance Conundrum -- Unauthorized Exports v. Discrimination: Find a Win in a Lose-Lose Scenario

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain export-controlled…more

Corporate E-Note - August 2016

In a “Table of Experts” series published on July 15, 2016 by the Birmingham Business Journal, Ed Christian provides his insight into a series of questions related to mergers and acquisitions. Please see full E-note below for more…more

Class Certification Denied in TCPA Fax Case due to Individualized Determinations of Consent

On August 22, 2016, the United States District Court for the Northern District of California denied a motion for class certification in a putative class-action lawsuit alleging violations of the Telephone Consumer Protection Act…more

Final Fair Pay and Safe Workplaces rule still imposes substantial burdens on federal contractors

The Federal Acquisition Regulatory Council (FAR Council) and the US Department of Labor (DOL) simultaneously released, on August 24, a final rule and accompanying guidance implementing the Fair Pay and Safe Workplaces Executive Order…more

Third Circuit Dismissal Affirmance Based on Economic Loss Doctrine Shows Spokeo Shouldn’t Be Your Only Data Breach Class Action Exit Strategy

While the United States Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), has garnered much attention after being cited by numerous courts as a means to dismiss data privacy class actions, defendants should never…more

KPMG Survey Finds that Shoppers Care About Retail Data Breaches

On the heels of Eddie Bauer’s notification of a cyber intrusion affecting all of its retail stores in the U.S. and Canada, KPMG has released a study showing that almost one-fifth of respondents to a survey said they would avoid a…more

Los Angeles Hotel Ordinance Update

Last week, Nancy Yaffe and I hosted approximately 30 Human Resources professionals in the hospitality industry in our Century City office for a working group discussion on the challenges of the Los Angeles Citywide Hotel Worker Minimum…more

Tomorrow: PA Senate to Hold Hearing on LGBT Workplace Discrimination Bill

It is well known that Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans workplace discrimination based on factors such as race, color, or religion, does not protect job discrimination based on sexual orientation or…more

Navigating the DOL’s New Fiduciary Rules: A Game Plan for Broker-Dealers

This OnPoint focuses on the new and amended fiduciary investment advice regulations issued by the U.S. Department of Labor (DOL) and accompanying prohibited transaction exemptions (Final Rules), from the perspective of broker-dealers…more

The End to Discounts for Transfers of Interests in Family Business Entities

The ability to use transfer and liquidation restrictions in legal documents to reduce the value of an interest in a family-controlled (or “closely-held”) business entity (e.g., partnership, corporation, limited liability company) for…more

The Oman Update - Official Gazette 1159

Sultani Decrees - Sultani Decree No. 39/2016 - Enacting the Law on the continued validity of the licences of foreign accountancy and audit firms and the exemption of Omani owners of such firms from the full time requirement…more

New Illinois Law Requires Unpaid Child Bereavement Leave

Seyfarth Synopsis: Illinois enacts child bereavement leave, requiring employers provide paid leave should an employee experience the loss of a child. On July 29, 2016, Illinois became one of only two states (the other being…more

Supreme Court Reaffirms Workers Compensation Exclusivity

Workers compensation has been described as a bargain in which an employee who has suffered a workplace injury relinquishes potentially large common-law tort damages in exchange for relatively quick and certain compensation provided by…more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the Board”)…more

Does Pokémon GO Lure You in With A Dangerous Privacy Policy and Terms of Use?

For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players who…more

Biosimilar FDA Approvals on the Horizon As More States Enact Substitution Laws

In a sign of growing scientific acceptance and understanding of the biosimilar regulatory pathway, FDA’s Arthritis Advisory Committee (AAC) voted unanimously last month in favor of approving two new biosimilar products – GP2015…more

The Oman Update - Official Gazette 1158

Ministerial Decisions - Ministry of Housing - Ministerial Decision No. 67/2016 - On charging fees to register those licenced to practice as a real estate agents in the Ministry of Housing…more

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled & Maintained by…more

Still At The Starting Line With Your Social Media Efforts?

Can you imagine your firm without a website? What if your bio were not listed on the internet? Well, there was a time when law firms questioned whether they needed a website. And a marketing team was not even part of the…more

Renewable Energy Update - August 2016 #4

Renewable Energy Focus - San Bernardino County rejects a controversial solar power plant proposed for the Mojave Desert - Los Angeles Times - Aug 24 - The San Bernardino County Board of Supervisors has rejected a…more

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In so doing…more

FINRA Seeks Comments on Proposed Gift Rule Changes

The Financial Industry Regulatory Authority (FINRA) has filed a regulatory notice seeking comment on proposed changes to its gift, business entertainment and noncash compensation rules for broker-dealers. Comments must be submitted by…more

Litigation Update: Motions in Janssen v. Celltrion for Entry of Final Judgment and Case Scheduling

As we posted previously, the District Court in Janssen v. Celltrion has ruled that the ‘471 patent is invalid for obviousness-type double patenting on the two grounds raised in the defendants’ motions for summary judgment on that…more

Title Endorsement Basics

Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title insurance…more

Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

Managing third party vendor relationships has always been an important function in banks. More recently it has become a hot topic for state and federal financial bank regulators. The increasing complexity of what vendors are doing for…more

The Oman Update - Official Gazette 1157

Sultani Decrees - Sultani Decree No. 38/2016 - Enacting amendments to certain provisions of the Traffic Law (SD 28/93). This Decree contains substantial changes to the existing Law, including new penalties that apply to…more

Notice and Notice Regime Does Not Change Law for Obtaining Norwich Orders

Unlike many countries which provide an effective “notice and take down” remedy for copyright owners whose works are wrongly posted on internet sites, Canada has implemented a “notice and notice” regime. In Voltage Pictures, LLC v. John…more

SEC Announces Enforcement Actions Under its Muni Bond Disclosure Initiative

Last week, the Securities and Exchange Commission (SEC) announced that it brought enforcement actions against 71 municipal issuers and other obligated persons as part of the SEC’s Municipalities Continuing Disclosure Cooperating (MCDC)…more

Anti-Corruption Laws and Other International Risks – What it Means for the Real Estate Industry and How to Protect Against Risks

Real estate investment involves many risks with which real estate investment managers are familiar. These range from “micro” risks, such as tenant disputes and defective property maintenance, to “macro risks” such as negative…more

New Visa Rule Proposed for International Entrepreneurs

The Secretary of the Department of Homeland Security recently signed a proposed rule that would allow certain international entrepreneurs to temporarily enter the U.S. to start their businesses. The U.S. Citizenship and Immigration…more

Teacher Retirement Board Issues Revised Guidelines for the Reemployment of Retired Teachers

On June 29, 2016, the Teacher Retirement Board (“TRB”) issued new guidance concerning the reemployment of retired teachers. One of the new and significant guidelines for post-retirement employment concerned the application of federal…more

Court Dismisses Appeal From Order Appointing A Temporary Administrator And Reverses Temporary Injunction

In Harris v. Taylor, Harris challenged a probate court’s interlocutory order appointing a temporary administrator and a temporary injunction order enjoining her from accessing certain financial accounts. No. 01-15-00925-CV, 2016 Tex…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Atma Global is a leading-edge developer and publisher of innovative global learning solutions, focusing on countries, cultures, and global business topics. Our Cultural Advisory Services provides…

[ About | Legal Updates ]