Latest Updates

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

Which Of These Brains Is Not Like The Others? Of Monkeys, Humans and Artificial Intelligence

Previously, we reported on a (fabulous) selfie taken by Naruto, a seven-year-old crested macaque monkey. Readers may recall that David Slater, a famous wildlife photographer, deliberately left his camera where a troop of crested… more

New Useful Florida Homestead Concepts Diagram

Several years ago I prepared a table to assist practitioners in determining what restrictions apply on a transfer of homestead property at death or during lifetime. Homestead status has other implications, including protections from… more

How to Get a Student Loan Discharged Because of a Disability

Many people with disability income owe student loans. Although deferring repayment or working out a repayment plan based on the individual’s income are possible options, there’s also a process for discharging student loans completely… more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1994-2017 (Part 2)

On September 21, 2017, we reviewed the individual Justices’ voting records in death penalty appeals for the years 1994 through 2005. Today, we look at the second half of our study period, 2006 through 2017. In Table 303, we report… more

CEO Pay Ratio Rule: New SEC Advice Helps Companies Prepare to Comply

Having recently affirmed that there will be no postponement of the 2018 effective date for CEO pay ratio disclosure, the U.S. Securities and Exchange Commission on Sept. 21 issued interpretive guidance to assist companies in their… more

At Stake

L’Shana Tova! The Illinois Gaming Board (IGB) held its monthly meeting on Rosh Hashanah, September 21, 2017, in Chicago. Below is a brief summary of the events of the Riverboat and Video Gaming meetings in which all Board Members… more

Undefinitized Contracts - Turner Construction Co. v. Smithsonian Institution - Construction and Procurement Law News, Q3 2017

The Civilian Board of Contracts Appeals (“CBCA”), the federal administrative court tasked to resolve disputes between government contractors and federal civilian executive agencies, recently issued a decision in Turner Construction Co… more

Kent Sullivan Named New Texas Insurance Commissioner

On September 21, 2017, Texas Governor Greg Abbott announced that Kent Sullivan will be the next Texas Insurance Commissioner. Sullivan previously served as First Assistant Attorney General when Abbott served as Texas Attorney General… more

Department of Education Rescinds Obama-Era Guidance on Sexual Misconduct

Following Education Secretary Betsy DeVos’ Sept. 7 speech critical of the Obama administration’s prescriptive and adversarial guidance on Title IX, we predicted in a client alert that the current administration would formally rescind… more

Newton Defies the Laws of … the Federal Aviation Administration, and Finds its Efforts to Regulate Drone Operations Preempted by Federal Law

In Singer v. City of Newton, Case No. 1:17-CV-10071-WGY, a first of its kind decision, the United States District Court for the District Court of Massachusetts has found that portions of a local ordinance regulating the operation of… more

Key Regulatory Topics: Weekly Update - 15 September 2017 – 21 September 2017

CMA issues statement on investment consultancy market investigation - On 21 September, the CMA published its issues statement to set out the scope of the market investigation into the supply and acquisition of investment consultancy… more

Chief Judge Stark Grants IBM’s Motion For Summary Judgment Of No Anticipation

By Memorandum Opinion entered by The Honorable Leonard P. Stark in International Business Machines Corp. v. The Priceline Group Inc. et al., Civil Action No. 15-137-LPS (D.Del. September 18, 2017), the Court, among other things… more

Gatorade Lands in Hot Water by Encouraging Others to Avoid Water

This week, the California Attorney General announced a settlement involving allegations that Gatorade made misleading claims about the relative performance benefits of Gatorade and water in a mobile game that was targeted to teens… more

Timelines For Responding To Reasonable Accommodation Requests

In response to a question, here is a short Fair Housing Act (FHA) primer on the timeline for responding to reasonable accommodation or reasonable modification requests. Under our FHA, “discrimination” includes “a refusal to make… more

Revised Travel Ban Coming?

The Trump Administration reportedly may replace the current travel ban with a country-specific set of restrictions. In June, the Supreme Court allowed the government to begin enforcing the 90-day travel ban against individuals from… more

Ridgeway v. Walmart Stores, Inc. – A Reminder That There Are Few Bright Line Rules in Class Action Attorneys’ Fees Awards.

On September 14, 2017, the Northern District of California entered its order awarding attorneys’ fees to plaintiffs’ class action counsel in Ridgeway v. Walmart Stores, Inc., No. 08-cv-05221-SI, 2017 WL 4071293 (N.D. Cal. Sept. 14… more

Looking the Other Way: European Court of Human Rights Grand Chamber Determines Employer Monitoring of Electronic Communications May Violate Employees’ Privacy

In a case highlighting the European Continent’s approach to worker privacy, the Grand Chamber of the European Court of Human Rights ruled that employers may violate employees’ rights when monitoring their electronic correspondence in… more

Trump Expands Sanctions on North Korea

President Trump issued a new executive order (the EO) on September 21st that greatly expands the U.S. sanctions against North Korea, particularly secondary sanctions. Secondary sanctions apply to non-U.S. individuals and corporations… more

EB-5 Regional Center Program Extended to December 8, 2017

The EB-5 Regional Center Program authorization was set to expire September 30, 2017. The extension of the authorization until December 8, 2017 was part of the legislation (known as H.R. 601) signed into law by President Trump on… more

Court Rejects Labor Union’s Referendum Petition to Thwart City’s Sale of Land to Private Hotel Developer Whose Project Would Not Employ Union Workers

The use and abuse of the California Environmental Quality Act and the elections laws by special interests such as business competitors and labor unions is a pervasive and problematic feature of the California development process… more

Boomerang Systems – 12(b)(6) Motion To Dismiss Denied

In a decision signed September 21, 2017 in an adversary proceeding related to the Boomerang Systems bankruptcy (case 15-11729), Judge Walrath of the Delaware Bankruptcy Court denied a defendants FRCP 12(b)(6) motion to dismiss a… more

New York Governor Signs Bill On Bioheating Fuel Requirements

The National Biodiesel Board (NBB) announced that on September 13, 2017, New York Governor Andrew Cuomo signed legislation that introduces bioheating fuel tax credits and bioheating fuel tax requirements to three New York counties… more

How Loans Can Impact Size and Status

It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential affiliations that… more

The Equifax Breach: How to Protect Your Company and Your Customers

On September 7, Equifax, one of the three major credit reporting firms in the U.S., disclosed a data breach that potentially affects 143 million consumers. Equifax’s disclosure indicated that the breach, which Equifax claims to have… more

Employees Of Meal Subscription Companies May Be Required To Obtain Food Handler Cards

The California Legislature recently passed AB 1461 which, if signed into law, would require all food-handling employees of food facilities that provide meal subscription plans to obtain food handler cards in accordance with existing… more

Three “Job Killer” Bills Sent To Governor

The California Legislature has completed its work for this session, and three bills concerning employment issues survived the process and have been sent to Governor Brown for his consideration and possible signature. All three of these… more

Pruitt Responds To Senators’ Request For Details On Icahn’s Advisory Role

On September 11, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senator Sheldon Whitehouse (D-RI) in response to the request by Senator Whitehouse and four other Democratic Senators to… more

Premium Processing Resumes For H-1B Cap Cases

The U.S. Citizenship and Immigration Services (USCIS) announced that it has resumed premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2018 cap. Who can use Premium Processing? Premium processing is now… more

Pay Ratio is a Go!: The Commission and the Division of Corporation Finance Provide Guidance and Updated C&DIs

On September 21, 2017, both the Securities and Exchange Commission (the “Commission”) and its Division of Corporation Finance (“Corp Fin”) provided guidance on the pay ratio disclosure requirement mandated by the Dodd-Frank Act… more

Education Department Rescinds Obama-Era Guidance On Campus Sexual Assault Investigations, Issues Interim Guidance

Secretary of Education Betsy DeVos on September 22, 2017, released Title IX interim guidance, while rescinding Obama-era policies, for handling sexual assault cases on college campuses . Specifically, the Department of Education… more

Another Successful IACUC Conference Presented By The New Jersey Association For Biomedical Research

On September 22, 2017, the New Jersey Association for Biomedical Research (NJABR) offered its 24th Annual IACUC Conference, – “the region’s premier training conference for Institutional Animal Care and Use Committee members, lab… more

News from Second & State

Weekly Wrap - This was the Senate’s first week back from their summer break and it was rather quiet up on the hill as negotiations were still taking place on the budget. The Senate sent their spending plan to the House of… more

Neste Announces Renewable Jet Fuel To Be Used At Genève Aéroport

On September 13, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced it is collaborating with Genève Aéroport to make flying more sustainable. Neste will be providing renewable jet fuel for… more

Managed Care Quarterly Review: Issue 1

Tips for Managing Large Claims Disputes Part 1: Pre-Litigation Avoidance and Early Litigation Strategies - Large claims disputes brought by providers against payers are on the rise. Based on previous experience with dozens of these… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Since Farrell Fritz opened its doors on Long Island in 1976, we have been proud to make an enduring contribution to businesses and individuals in the communities we serve. At Farrell Fritz, clients…

[ About | Legal Updates ]

Watch This