Latest Updates

SEC Issues Revised C&DIs Reflecting Updates for Prior Amendments to Rules 147 and 504, the Repeal of Rule 505 and Clean-up Changes

On September 20, 2017, the staff of the SEC’s Division of Corporation Finance issued revised compliance and disclosure interpretations (“C&DIs”) for purposes reflecting updates for prior amendments to Securities Act Rules 147 and 504… more

Franchisor's Racial Animus Is Irrelevant in Determining Legality of Franchise Termination Under NJ Franchise Practices Act

In a recent win for franchisor 7-Eleven, Inc., the U.S. Court of Appeals for the Third Circuit upheld a New Jersey district court’s ruling that 7-Eleven properly terminated its franchise agreements for cause based on the franchisee’s… more

ADA Does Not Require Employers to Provide Multi-Month Leave Beyond Expiration of FMLA Leave – Seventh Circuit

This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a reasonable… more

Your Daily Dose of Financial News

The ‘book is backing off of a 2016-proposed stock reclassification that “would have solidified Mark Zuckerberg’s control over the social network” after a shareholder suit that would have seen Zuck on the stand in a Delaware courtroom… more

The Way Forward for Telemedicine

A lot of us have argued that one of the floodgates for telemedicine has been reimbursement. If states and the Federal government more liberally reimbursed or required reimbursement for telemedicine service, we argue then a significant… more

Nevada Supreme Court Adopts Delaware’s Direct Harm Test For Derivative Claims

On the same day that the Nevada Supreme Court rejected Delaware’s approach to reviewing special litigation committee determinations, it adopted Delaware’s test for determining whether a shareholder suit is derivative or direct… more

Westhampton Beach Park Fee Upheld

My partner, Anthony Guardino, recently posted a three-part series about land use fees on this blog. This post concerns a decision by the Appellate Division upholding a $776,307 “Park Fee” imposed by the Village of Westhampton Beach in… more

Bad Idea: Attorney’s Fees And The High Cost Of Ignoring Stay Put In M.R. & J.R. V. Ridley School District

A recent decision by the United States Court of Appeals for the Third Circuit calls to mind an automobile repair chain’s erstwhile slogan: “Pay me now, or pay me later,” although in this case, the more applicable variation would be:… more

Sham Affidavits

We’re quite familiar with people who say one thing, when they think that’s in their interest, and later when circumstances change, say something quite different. For example, as the late, great Molly Ivins pointed out in “Molly Ivins… more

IRS Issues Guidance to Ease Assistance for Hurricane Recovery

While Hurricanes Harvey and Irma have subsided, recovery efforts have just begun. In an effort to help bring timely assistance to beleaguered residents of areas hard hit by the storms, the Internal Revenue Service (IRS) has issued… more

Planning for Construction Success

Key Contractual Considerations for Owners - Regardless of project size or scope, a comprehensive and tailor-made written construction contract provides the foundation for success. At a project's outset, it is also imperative that… more

Social Links: Social media influencers earn big bucks for endorsements, while the FTC settles a suit against influencers; European court sides with employee axed over emails reviewed by employer

In 2016, brands spent $570 million on social influencer endorsements on Instagram alone. This recode article takes a looks at how much influencers with certain followings can command, and whether they’re worth the investment… more

SB 649 Barely Passes Out of California - Legislature Governor has Until Oct. 15 to Veto Controversial Small Cell Bill

SB 649 passed the California Assembly and Senate in the last week of the legislative session with few votes to spare, and is on Gov. Jerry Brown’s desk for consideration. The bill curtails regulatory authority over small cells and… more

Minimum employment standards: get it right or pay

The topic of immigration – and particularly migrant labour – has recently been broadly canvassed in the media with all the election coverage. In the employment law context, the situation of migrant workers is unfortunately most… more

A new division within the DIFC Courts, the Technology and Construction Division

The DIFC Courts, last week, published Part 56 (Technology and Construction Division) of the Court Rules ("Part 56") marking the launch of the Court's new division - the Technology and Construction Division ("TCD"). This follows a… more

Beltway Buzz - September, 2017 #4

“Zombie” ACA Repeal-and-Replace Effort Suddenly Resuscitated. Opponents of Affordable Care Act (ACA) repeal-and-replace efforts no doubt forgot the vitally important “double tap” rule, and now the zombie legislative effort is back from… more

Avoiding Common Errors in Employment Documents: A Checklist

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the cracks… more

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates the… more

SEC Provides Additional Pay Ratio Interpretive Guidance

The Securities and Exchange Commission (SEC) yesterday issued interpretive guidance on the CEO pay ratio rule. Separately, the SEC’s Division of Corporation Finance issued guidance on calculation of the pay ratio. These moves suggest… more

European Central Bank Releases Guide on Assessment of Fintech Bank License Applications

Earlier this month, the European Central Bank (ECB) released a draft guide to provide a consistent approach on how to assess fintech credit institution license applications. The guide defines fintech banks as having “a business model… more

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

Some interesting links we found across the web this week: When to Let Your Competitors Be Your Investors - In this VentureBeat article, WilmerHale Partner Josh Fox discusses the risks and rewards of accepting funds from industry… more

The Telia FCPA Resolution: Part II – The Bribery Schemes

Over the next few blog posts, I will be exploring the resolution and what lessons the compliance practitioner can draw from the Telia Company Foreign Corrupt Practices Act, (FCPA) enforcement action, the parallel actions and what it… more

Update – Boart Longyear schemes of arrangement approved

In our previous blog post, we examined the decision of the New South Wales Court of Appeal to uphold the composition of classes of creditors in the Boart Longyear restructuring by way of scheme of arrangement… more

Health Alert (Australia) 25 September 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland 20 September 2017 - Non-inquest findings into the death of RO'H 2013/761 - 'Mr RO'H died at Logan Hospital after being… more

Trends In IRS Compliance Activities Through Fiscal Year 2016

On September 11, 2017, the Treasury Inspector General for Tax Administration (TIGTA) issued its final report discussing IRS compliance activities through fiscal year 2016 (the federal government’s fiscal year begins on October 1 and… more

Solar Cell 201 Investigation Moves to Remedy Phase

On Friday, September 22, 2017, the U.S. International Trade Commission (“USITC”) unanimously determined that crystalline silicon photovoltaic (CSPV) cells and modules are being “imported into the United States in such increased… more

Quebec Transfer Duties on Immovables: Recent Developments

The Quebec Minister of Finance presented the budget speech for the 2016–2017 financial year on March 17, 2016 (2016–2017 Budget), which modified the system of duties on transfers of immovables (please see our March 2016 Blakes… more

Imagination-in-Pleading Award

The Imagination-in-Pleading Award for September goes to plaintiff Willie Pearl Smith for her lawsuit against the Hospital Authority of Cobb County, Georgia, and related entities in connection with the death of her daughter, allegedly… more

EPA Announces Availability of Two Final Pesticide Registration Notices

On September 22, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register (82 Fed. Reg. 44406) announcing the availability of two final Pesticide Registration Notices (PRN)..… more

Ninth Circuit Denies Arbitration of a Relator’s FCA Claims

On September 11, 2017, in United States and State of Nevada ex rel. Welch v. My Left Foot Children’s Therapy, LLC, the Ninth Circuit held that an arbitration agreement between an employee-relator and her former employer was not broad… more

Future Proofing Boards of Directors for Family Businesses

Michael Eisner, former CEO of Walt Disney, said it best that “management is not a science, it is an art.” But, not all art stands the test of time—and the composition of the board, and the way the directors manage a family owned… more

U.S. Department of Education Withdraws 2011 “Dear Colleague Letter” and 2014 Q&A on Sexual Misconduct; New Guidance Document Issued

In a move that was foreshadowed by statements from the new administration, by letter dated September 22, 2017, the U.S. Education Department, Office for Civil Rights (“OCR”) announced the withdrawal of the April 4, 2011 Dear Colleague… more

Lawsuit Filed Over Florida Medical Marijuana Law – Carve Out License For Black Farmer Alleged To Be Unconstitutional

A lawsuit was recently filed which challenges the constitutionality of part of the Florida law implementing Amendment Two (medical marijuana). A key part of the law was expanding the number of growing licenses that would be awarded to… more

Debt vs. Equity: Form & Substance Matter

Some lessons need to be repeated until learned. It’s a basic rule of life. Don’t tug on Superman’s cape; don’t spit into the wind; don’t pull the mask off that old Lone Ranger; and if you are going to make a loan, give it the indicia… more

Moving Back In-House to Move Compliance to the Next Generation

The following interview is with Nicole Rose, Head of Risk and Compliance, Uniting Resources NSW and ACT. As you may recall, Nicole and I co-produced the anti-bribery training animation, “Why We Say Yes,”. RB: So, Nicole, I heard you… more

[Video]Employment Law This Week®: NLRB Rulings May Surge, Home Health Pay Dispute, Immigrant Worker Protection Act, Equal Pay Protections

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

Oops I Did It Again -- Court Rules That Two Separate Productions Of The Same Privileged Materials Was Completely Reckless

Despite the existence of a stipulated clawback agreement (that was never presented to the Court to be So Ordered) that provided “[i]nadvertent production of privileged documents does not operate as a waiver of that privilege,” the… more

Will Spouses of H-1B Visa Holders Lose Their Right to Work?

Work permits for H-4 visa holders could soon disappear. While the H-1B visa allows families of immigrant employees to live in America, these family members were often restricted by H-4 visas, which are issued to spouses of H-1B visa… more

Pioneering Offshore Access to the China Commodities Futures Markets – The INE and its Medium Sour Crude Oil Contract

The opening up of the futures markets for commodity products in China has been much discussed and highly anticipated. However, it looks like a crude oil futures contract, listed on the Shanghai International Energy Exchange (INE), will… more

Green Card Lottery Winners Are at a Loss

Trump’s recent travel ban has been utilized to deny Green Cards to visa lottery winners from affected countries like Iran, Libya, Somalia, Sudan, Syria, and Yemen, according to a lawsuit filed by the ACLU. In July, the ACLU stood… more

Bankruptcy Fails to Save Contractor from Multimillion Dollar SCA Back Wage Liability

Any contractor who has been subject to a Department of Labor (“DOL”) investigation knows what unease feels like, even if there is no reason to believe the company will be subject to liability. One of the first questions we get as we… more

OCR Withdraws Dear Colleague Letter and Q&A on Title IX and Sexual Violence Guidance

On September 22, 2017, the Department of Education’s Office of Civil Rights (“OCR”) withdrew the 2011 Dear Colleague Letter (“DCL”) and the 2014 Questions and Answers on Title IX and Sexual Violence (“Q&A”) guidance documents. In its… more

Equifax Data Breach Highlights SEC Disclosure Obligations for Public Companies in the Wake of Cybersecurity Attacks

On September 7, 2017, Equifax, one of the country’s three primary credit reporting bureaus, announced it had suffered a major cybersecurity breach that could potentially affect half of the U.S. population. According to the company, it… more

Federal Court: Employer’s Letter To Employees During Pending EEOC Investigation May Constitute Unlawful Retaliation

In EEOC v. Day & Zimmermann NPS, Inc., a federal court in Connecticut found that an employer that sent a letter to employees informing them they might be contacted by the Equal Employment Opportunity Commission (“EEOC”) may be liable… more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 27

Senate Again Delays Action on Remaining Appropriations Bill: The Senate has yet to schedule any mark-ups for next week for its remaining four appropriations bills (Clark Hill Insight). Senate Reaches Deal on Budget Resolution: While… more

The OECD is focused on maintaining the integrity of the CRS

As of August 2017, 102 international Jurisdictions are committed to the implementation timelines of the Common Reporting Standard (CRS). There are 49 Jurisdictions that are committed to the first exchange during 2017 and 53… more

Arizona Court of Appeals Clarifies Law Governing Arbitration Waiver

In Security Alarm Financing Enterprises, L.P. v. Fuller, et al., Case No. 1 CA-CV 16-0255 (Ariz. Ct. App. July 6, 2017), the Arizona Court of Appeals recently held as a matter of first impression that Arizona state courts will… more

Diversity Visa Lottery 2019 Open October 3 To November 7

The U.S. Department of State (DOS) has announced registration dates for the Diversity Immigrant Visa Program 2019 (DV Lottery). Online registration for the DV Lottery opens Tuesday, October 3, 2017 at 12:00 noon, Eastern Daylight Time… more

[Audio]I-15 – Turning the Table: An Interview with the Podcast Host on Protected Employee Activity

This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The Business Channel. Mike discusses the nature of adverse actions taken by employers due to employee statements… more

If Pain, Yes Gain – Part XXXV: Rhode Island Legislature Approves Statewide Paid Sick Time Bill

Seyfarth Synopsis: After Rhode Island’s legislative efforts to pass a statewide paid sick time bill stalled in the Spring, the bill was resuscitated by state lawmakers Tuesday evening. Rhode Island is now poised to become the 8th state… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

As one of Canada’s top business law firms, Blake, Cassels & Graydon LLP (Blakes) provides exceptional legal services to leading businesses in Canada and around the world. We focus on building…

[ About | Legal Updates ]

Watch This