Latest Updates

CFPB Makes HMDA Data Sharing Proposal

The CFPB announced on Wednesday, September 20th, 2017, proposed guidance to limit the Home Mortgage Disclosure Act (HMDA) data it shares publicly. The Bureau’s 2015 HMDA amendments revamped HMDA’s coverage and processes, including… more

Relieving Pressure in the Law Firm Restructure/Turnaround

We have previously written about the unique nature of the law firm turnaround and how commitment from owners is one of the keys to turnaround success. In Part 2 we will look at resource management (or cost management) as a second key… more

Court Tackles EEOC’s Wellness Program Regulations

Wellness programs have been on a pendulum over the past decade, swinging back and forth from “yes you can” to “no you can’t.” However, since the Patient Protection and Affordable Care Act guidance specifically authorizing, enhancing… more

Employment Law - September 2017

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall - Why it matters - Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of Employer… more

Wheels Are Turning on Federal Self-Driving Policy

One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning… more

Tesla Bringing Supercharger Stations to Boston and Chicago

On September 11th, Tesla announced the opening of Supercharger stations in downtown Boston and Chicago, representing the first step in the company’s effort to expand its Supercharger network into urban areas. The company currently… more

Compliance Training Lessons From Utah, Caught on Tape

For a while now, I’ve been contemplating ethics and compliance lessons from the arrest of Alex Wubbels— the Utah nurse taken into custody by Salt Lake City police, because she refused to draw blood for an unconscious patient… more

Ruling Elevates Conflicts Considerations in Insurance/Tripartite Relationship Cases - After Washington Supreme Court Decision, Insurer-Paid Defense Lawyers Should Further Assess the Need for Client Consent in Reservation of Rights Situations

• Relationships between insurer, insured and insurer-appointed defense counsel – also known as the "tripartite relationship" – have long been recognized as a potential source of conflicts of interest. By a 5-4 majority in Arden v… more

Tips for Employers Facing a Charge of Discrimination

When an employer receives a charge of discrimination from the U.S. Equal Employment Opportunity Commission or a state agency that enforces anti-discrimination laws, it is important that the charge be handled properly. That is because… more

Connecticut Court Declines to Apply Physician Non-Compete Statute Retroactively

A Connecticut superior court recently held that Connecticut’s statute limiting the noncompetition agreements by which Connecticut physicians may be bound, may not be applied retroactively… more

Break Me Off a Piece of That Infringement Lawsuit

Did Nestle’s recent advertising campaign for Kit Kat infringe the intellectual property rights of Atari? According to the video game company, ads for Kit Kat used one of its first games, Breakout, to illegally promote the candy bar… more

Ninth Circuit Establishes Rule for Mixed Statements under Reform Act’s Safe Harbor, in In re Quality Systems, Inc. Securities Litigation (July 28, 2017)

On July 28, the Ninth Circuit reversed the dismissal of a securities class action, and remanded to the Central District of California. In re Quality Sys., Inc. Sec. Litig., 865 F.3d 1130 (9th Cir. 2017). Quality Systems, which develops… more

North Carolina Business Court Addresses Consideration Requirement for Covenant Not to Compete

In American Air Filter Co., Inc. v. Price, No. 16 CvS 13610, 2017 WL 2797794 (N.C. Super. Ct. June 26, 2017), the plaintiff’s former employee signed an employment agreement that renewed automatically each year. The agreement contained… more

Federal Contractor Minimum Wage Increase Announced – Changes Effective January 1, 2018

On September 15, 2017, the Department of Labor announced an increase in the minimum wage that certain federal contractors must pay to employees. This comes as part of a planned incremental increase in the federal contractor minimum… more

State Department of Education provides proposed final draft of guidelines for explusions and alternative education (part 2)

“And thirdly, the code is more what you’d call “guidelines” than actual rules …” Captain Barbosa in Pirates of the Caribbean: The Curse of the Black Pearl On September 5, 2017, the State Board of Education’s Legislative and Policy… more

Refer to This: Referral Sources Can Be a Legitimate Business Interest for Non-Compete Purposes in Florida

Can relationships with referral sources give rise to a legitimate business interest sufficient to enforce a non-compete? The answer is yes, at least in Florida… more

Bah to Legal Lambs

Like many of you, on Friday mornings we turn to the “Legal Lions and Lambs” section of Law360. It is not only voyeurism. We are constantly working on things in media res (the middle of things), building slowly and gradually to a… more

New Jersey Supreme Court Reminder – Don’t Forget about the Corporate Practice of Medicine

A New Jersey Supreme Court case earlier this summer has New Jersey lawyers re-examining their clients’ business structures under the State’s corporate practice of medicine doctrine… more

EEOC Sues the Village at Hamilton Pointe and TLC Management for Race Discrimination

Nursing Home Subjected Black Employees to Harassment and Made Race-Based Job Assignments, Federal Agency Charges - INDIANAPOLIS - An Evansville nursing home violated federal law when it acceded to its residents' preferences for… more

PTAB Chief Judge Discusses Post-grant Review Statistics at IPO Meeting

The value of the post-grant review programs (post-grant review, inter partes review, and covered business methods review) has been debated since these provisions were enacted as part of the Leahy-Smith America Invents Act in 2012… more

One Potential Remedy for FCA Overreach?

Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages… more

Update: State Policy and Budget Impacts of New Graham-Cassidy Repeal and Replace Proposal

This brief provides an overview of the proposal released on September 13th by Senators Lindsey Graham (R-SC) and Bill Cassidy (R-LA)—along with Senators Dean Heller (R-NV) and Ron Johnson (R-WI) and former Senator Rick Santorum… more

Protecting Your Identity After a Data Breach

In light of recent high-profile breaches of highly sensitive data, this is a good time to remind individuals of how to protect their identity and credit information… more

From Honeycrisp to SweeTango: How Apple Plant Patents Liberated the American Palate

Autumn spells and smells of apples. Nowadays, newly patented apple varieties promise to dazzle our taste buds anew as fall harvests come in from our nation’s orchards… more

Animal Feeding Operations Emission Estimation Methods: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 19th report titled: Eleven Years After Agreement, EPA Has Not Developed Reliable Emission Estimation Methods to… more

[Audio]The Data Report Special Edition: The Equifax Data Breach

Litigation attorney Jay Ward explores the massive Equifax data breach, which has affected as many as 143 million Americans, in this special edition of The Data Report. Jay summarizes what happened, explains the ramifications Equifax… more

Fate of Last-Minute Affordable Care Act Initiatives Uncertain

This week, the debate over the Affordable Care Act (ACA) gained new momentum in two separate, but connected channels. As the fiscal year (FY) budget reconciliation window enabling expedited passage of an ACA repeal draws to a close on… more

ERISA: Discovery of Claims Procedures to Assess Compliance with DOL Regulations? Not So Fast.

You know that failing to follow Department of Labor (DOL) claims regulations can result in the court using the de novo review standard, rather than the abuse of discretion standard in reviewing claim decisions… more

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA's "Validation Notice" Requirement

The Third Circuit Court of Appeals recently reiterated how a debt collector may run afoul of the Fair Debt Collection Practices Act ("FDCPA") by sending a misleading follow-up, even if it served a compliant demand letter weeks earlier… more

Stout Issues Third Annual Warranty and Recall Report

Massive automotive recalls continue to grab headlines and raise concerns industry-wide. Recalls of light vehicles topped 50 million units in 2016, representing the third consecutive year of elevated – and record setting – automotive… more

Wisconsin Court of Appeals Green Lights Right-to-Work Law

On Tuesday, September 19, 2017, the Wisconsin Court of Appeals lifted an injunction entered by the lower court freezing enforcement of 2015 Wisconsin Act 1, Wisconsin’s “Right-to-Work” law, dealing a blow to unions across the state… more

Planning for the Approaching CEO Pay Ratio Disclosure Requirement

It appears likely that the CEO pay ratio disclosure rule adopted by the Securities and Exchange Commission in 2015 will require companies that are subject to the rule to begin including CEO pay ratio disclosure for 2017 compensation in… more

Interpretations of TC Heartland Add Uncertainty to Patent Litigation

In May 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods reversed more than 25 years of Federal Circuit precedent when it held that for venue purposes a corporation is resident only in its state of incorporation. In the… more

District Court Invalidates Wheat Ridge Anti-TIF Initiative

On September 8, 2017, a Jefferson County District Court ("Court") essentially struck down Ballot Question 300 (“BQ300”), approved by the Wheat Ridge ("the City") voters on November 3, 2015. The ballot question was an amendment to… more

A Void Default Judgment Is No Way To Establish Title

In a post from March of this year — Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment — we reviewed the recent decision from California’s Fourth District Court of Appeal, OC Interior Services, LLC v. Nationstar Mortgage, LLC… more

CyberSecurity Regulation Back on Center Stage After Data Breach

The issue of cybersecurity is back in front of Congress in the wake of the news of the data breach at Equifax Inc., which reportedly has affected approximately 143 million consumers. Various industry trade groups, including the… more

Temporary Worker Visa Update: USCIS Resumes Premium Processing for Cap-Subject H-1B Visas

On Monday, September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a news release announcing an immediate resumption of Premium Processing for all H-1B visa petitions subject to the fiscal year 2018 cap. As… more

Minnesota Court of Appeals Declines to Block Minneapolis Sick-Time Ordinance

The Minnesota Court of Appeals has ruled that the City of Minneapolis (“City”) may continue to enforce its Sick and Safe Time Ordinance (“Ordinance”) against employers that reside within city limits while a lawsuit challenging the… more

Default Judgment Entered for Intentionally Destroying Information in OmniGen Research v. Wang

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy of… more

Laying the Foundation for Success: Structuring the Board of Directors in a Family-Owned Business

The board sets the overall strategy and policies of the company, so your corporate governance foundation starts with structuring the board of directors. As the overall governing body, the board elects the officers of the company and… more

The Largest EMTALA Settlement Underscores the Difficulty of Treating Behavioral Health Patients in the Emergency Room

On June 2, 2017, Anderson, S.C.-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act (“EMTALA”). AnMed… more

California Countdown: Which Labor & Employment Bills Will the Governor Sign?

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon these… more

Financial Services Weekly News - September 2017 #2

Editor's Note - In This Issue. Federal banking agencies are seeking public comment on their proposed revisions to the Community Reinvestment Act (CRA), the Consumer Financial Protection Bureau (CFPB) released a small entity… more

District of Delaware “Clips”- Off Venue-Discovery for Medical Device Company but Allows It for Pharmaceutical Company

Boston Sci. Corp. v. Cook Grp., Inc., No. 15-980-LPS-CJB, 2017 U.S. Dist. LEXIS 146126, at *2 (D. Del. Sep. 11, 2017); Bristol-Myers Squibb Co. v. Mylan Pharm., Inc., No. 17-379-LPS, 2017 U.S. Dist. LEXIS 146372, at *3 (D. Del. Sep… more

Lender-Affiliated Captive Reinsurer Obtains Dismissal Of Mortgage Insurance Lawsuit Brought By Illinois Director Of Insurance

The suit arose out of an arrangement where lenders would refer borrowers to (now-defunct) Triad Guaranty Insurance Company (Triad) to obtain private mortgage insurance. The lender-affiliated captive insurance company would then… more

Sustainable Development Update - September 2017 #3

Sustainable Development Focus - Cal State Long Beach adds solar panels on campus - Long Beach Post - Sep 15 - To advance toward a goal of carbon neutrality on campus by 2030, Cal State Long Beach (CSULB) recently completed… more

How will the extended SMCR apply to NEDs?

The Financial Conduct Authority (FCA) has consulted on the way in which the senior managers and certification regimes (SMCR) will be rolled out to all authorised firms, probably from next year. From the inception of the SMCR, the FCA… more

Global Employment Law Update - September 2017

Family benefits and discrimination - In this edition of our Global Employment Law Update we look at the provision of different types of maternity, paternity and family leave across the jurisdictions, highlighting areas where there… more

Top 10 Takeaways from the 2017 Allen Matkins View From the Top

Allen Matkins hosted its 10th annual View From the Top, packed with insider industry knowledge of the California and national real estate market. Juxtaposed with the Allen Matkins/UCLA Anderson Forecast California Commercial Real… more

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty… more

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From the start, we knew what we wanted to be — a total solution for middle market businesses — from the people we hired to the services we offered. Since then, Tarter Krinsky & Drogin LLP has grown…

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