Latest Updates

What Did You Miss At Oshkosh 2017?

This year marked my twentieth visit to “Oshkosh.” For the past 13 years, I’ve spent the entire week on the grounds to fully experience the unmatched activities, unique airplanes, and unforgettable moments. With each passing year… more

2-Year Statute Of Limitations Applies To HIV Patient’s Privacy Suit

A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent. The… more

Show Me the Money - Maximizing Monetary Recovery in the Wake of Insurance Fraud

Insurance fraud negatively impacts everyone. It drives up the costs of doing business, along with everyone’s premiums. In fact, according to the National Insurance Crime Bureau, insurance companies saw a 102% increase in this type of… more

Massachusetts Issues Proposed Regulation Imposing Sales or Use Tax Obligations on “Internet Vendors” Beginning October 1

On July 28, the Massachusetts Department of Revenue (the “Department”) issued Proposed Regulation 64H.1.7 (the “proposed regulation”) that, if adopted, would require “internet vendors” to collect and remit sales tax on sales to… more

Removed Corporate Trustee’s Refusal to Turnover Trust Assets to Individual Trustee Was Prudent and Appropriate

One of the most important considerations in creating a trust is selecting the appropriate trustee. Oftentimes this involves determining whether a corporate trustee is appropriate as either the sole trustee or together with one or more… more

Property Owner to Maintain Public Beach Access Over Coastal Property - California Court of Appeal Weighs in on California Coastal Act

Under the California Coastal Act, a beachfront property owner must maintain public access over his property — and will be required to seek a Coastal Development Permit if he wishes to limit such public access, a California appellate… more

Value Based Reimbursement: CMS Dials Back; Large Employers Forge Ahead

Last week, CMS announced in proposed rulemaking its proposal to cancel the Episode Payment Models (EPMs) and Cardiac Rehabilitation (CR) incentive payment model. It also announced plans to revise certain aspects of the Comprehensive… more

Standing And Plausibility In ERISA

Seyfarth Synopsis: A district court in New York has held that a plaintiff cannot assert claims against a plan in which she did not participate and cannot assert claims of fiduciary breach without plausible allegations of wrongdoing… more

Violations Of The Fourth Amendment And Other Concerns About Amendments To New Jersey’s Animal Cruelty Statute

In New Jersey, yet another bill amending the animal cruelty statute (S1640) was recently passed into law. The amendments “[e]stablish . . . requirements concerning necessary care of dogs, domestic companion animals, and service… more

Rating Agency Developments

On August 16, 2017, Fitch issued a report entitled U.S. RMBS Seasoned, Re-Performing and Non-Performing Loan Rating Criteria. Report. On August 14, 2017, Fitch issued a report entitled Sukuk Rating Criteria. Report… more

The Doxing Dilemma: A Popular Tactic of Social Activists and Cyber Bullies Alike Remains Mostly Legal

After counter-protests ended in tragedy, a small group of social media users took to Twitter to expose the identities of the white supremacists and neo-Nazis rallying in Charlottesville, Va. Since last Sunday, the @YesYoureRacist… more

Third Circuit Follows ANZ Securities Decision and Reverses for Dismissal of Exchange Act Claims as Untimely

On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court’s recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that case, the… more

[Video]Employment Law This Week®: NLRB’s Voting Unit Test, Electronic Acknowledgment of Arbitration Policy, Website Accessibility, CT’s Medical Marijuana Law

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

Eleventh Circuit Clarifies Meaning of Consummation of Transaction in Dismissing Borrowers’ TILA Right of Rescission Claim

In Woide v. Federal Nat’l Mortg. Ass’n, the United States Court of Appeals for the Eleventh Circuit held that consummation of a contract for purposes of asserting a right of rescission under the Truth in Lending Act (“TILA”) occurs… more

Sixth Circuit Requires Actual Economic Injury for Price Comparison Class Actions

Earlier this week, the Sixth Circuit flatly rejected a bid by a consumer to recover damages allegedly caused by Wish.com’s advertised price comparisons. The online marketplace uses struck-through manufacturers’ suggested retail prices… more

Equivocal Statements May Partially Revoke Consent Under TCPA

In a recent decision, the 11th U.S. Circuit Court of Appeals reversed a grant of summary judgment in favor of a bank on Telephone Consumer Protection Act (TCPA) claims, by holding that a consumer can partially revoke her previously… more

[Video]Day 16 of One Month to More Effective Continuous Improvement-Voluntary Monitoring

There are multiple areas in the Department of Justice’s Evaluation of Corporate Compliance Programs which intersect with the area of continuous improvement. In addition to Prong 9. Continuous Improvement, Periodic Testing and Review;… more

New EU Privacy Legislation Clashes with US Discovery Obligations: Forewarning for companies with employees on both sides of the Atlantic

The European Union is launching new privacy and data protection rules in May 2018. This new regulatory framework, known as the General Data Protection Regulation (GDPR) is known to have a substantial extra territorial reach (also… more

CA Supreme Court Rejects Proposed Exceptions to Interim Adverse Judgment Rule Defense to Malicious Prosecution Action

In Parrish v. Latham & Watkins (No. S228277 - August 10, 2017) (“Parrish”), the California Supreme Court examined the “interim adverse judgment rule” in a different context than previous decisions on the subject. The rule provides that… more

Seventh Circuit Affirms Dismissal Of Chicago Police Off-The-Clock Blackberry Case

I have blogged on this long, protracted saga many times and I am glad to see that with each posting, the judicial result does not change. The Seventh Circuit has now affirmed a lower court’s ruling that determined that Chicago police… more

Big Brother or Big Benefit? Weighing the Option of Microchipping Your Employees

A Wisconsin tech company made news in August 2017 for implanting microchips into the hands of willing employees. While it’s certainly worth keeping an eye on this technology and its uses, early adopter employers face many technological… more

Developments in New York and Colorado Cybersecurity Regulations

New York - For the first time since New York’s Cybersecurity Regulation (23 NYCRR Part 500) became effective on March 1, 2017, the Department of Financial Services (DFS) has issued Frequently Asked Questions to assist Covered… more

K2M Obtains Exclusive License to Patent Portfolio

K2M Group Holdings, Inc. recently announced its acquisition of a portfolio of 17 issued and pending patents for expandable interbody technology. According to K2M, the company is a global leader in the medical device industry and… more

Russia Sanctions - EU Expands Sanctions Following Alleged Diversion of Siemens Turbines

On August 4, 2017, the Council of the European Union (the “Council”) made six new designations to the list of persons subject to restrictive measures in respect of actions undermining or threatening the territorial integrity… more

Hot List – What’s Happening in the California Legislature 8/21-8/25

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week..… more

Twist & shout: California appellate court allows reverse veil piercing against LLC

The California’s Fourth Appellate District has concluded that “reverse veil piercing” is possible to add a limited liability company to a judgment against the 99 percent owner of that LLC, in a decision that distinguishes itself from… more

Missouri PSC rejection of Grain Belt Express line exemplifies the regulatory uncertainty in getting a proposed project to market

Since the presidential election last year, there has been lots of discussion about the need to make regulatory reviews of infrastructure projects more modern and efficient. President Trump has called for federal regulatory reforms and… more

IRS Issues Guidance on Stock/Cash Dividends for REITs and RICs

On August 11, 2017, the Internal Revenue Service released guidance allowing publicly offered real estate investment trusts and regulated investment companies to distribute earnings in a combination of cash and stock as long as… more

Health Centers: The Federal Government Delivers a Big Win

On August 15, 2017, the Secretary of Health and Human Services, Tom Price, issued a press release reporting that almost $105 million dollars will be bestowed upon 1,333 health centers across the United States, including its territories… more

The Eclipse, Worker Safety and Triffids.

The Eclipse, Workers Safety and Triffids. Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not maintain a… more

New procedure for foreigners' employment contracts

The recruitment of foreign employees in Morocco is subject to special procedures in order to obtain a work permit (by way of authorization from the Ministry of Labour). Indeed, Article 516 of the Labor Code provides that: "Any employer… more

Connecticut Supreme Court Reaffirms Court’s Limited Power To Review Appraisal Awards

The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for vacating an… more

Food Identity Disputes Continue to Impose High-Profile Pressure on FDA

As we reported on previously, FDA recently tussled with the manufacturer of an innovative vegan condiment called “Just Mayo” based on the existence of a Federal standard of identity for mayonnaise that requires the food product to… more

Claim Barred by Florida's Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read The Construction Contract More Closely

Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law provides… more

OFAC Pushes Iran Sanctions Enforcement

Many companies have been laser-focused on anti-corruption compliance, and with good reason given the risks and consequences of an anti-corruption enforcement action. In doing so, companies have to be careful to avoid ignoring sanctions… more

CGL Insurance Coverage for Advertising Injuries: Upping the Ante for IP Litigation

August 2017 In Short The Situation: Reversing a pair of federal district court rulings, the Fifth and Ninth Circuits have held that insurers must defend commercial general liability policyholders in advertising injuries related to IP… more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 3

In this post, which is the third and final segment of a three-part series, we look at real property recording and related fees, which have increased significantly in Nassau and Suffolk Counties in recent years. Like illegal impact fees… more

Solar eclipse guide for employers

Today’s solar eclipse is expected to be an exciting, once-in-a-lifetime opportunity with people from all over flocking to the path of totality. While this will likely mean considerable economic benefits from tourism, it is also… more

District Courts Remain Split on TC Heartland and Waiver of Improper Venue Defense

The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding Corp. v… more

Uber Uses Arbitration (And Clean Design) To Put Brakes On Consumer Class Action

Last Thursday, the Second Circuit found that the arbitration agreement in Uber’s Terms of Service was conspicuous enough to be binding and enforceable. As a result, the claims of a putative class of consumers will be dismissed unless… more

FDA Offers Guidance on Streamlined Development of Treatments for Rare Bacterial Infections

On August 1, 2017, the U.S. Food and Drug Administration released its draft guidance titled Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases, detailing proposals for… more

Does Your LLC Agreement Have a Purposeless Purpose Clause?

WARNING: Contractarians may find the following post disturbing. Reader discretion is advised. Now that I’ve got your attention, consider this: Under the standard for judicial dissolution of a New York LLC prescribed in the… more

Food and Beverage News and Trends - August 2017 #2

A new legal problem crops up for Cook County beverage tax. The Illinois Department of Human Services told the Cook County Board of Commissioners on August 10 that the county's new penny-per-ounce tax on soft drinks violates federal law… more

Ukraine: ripe for investment

Ukraine’s infrastructure has huge potential and the increase of agricultural exports is one of the key catalysts of infrastructural development. It seems that the time is right for investment… more

Blockchain Week in Review – August 2017 #6

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of publicly-reported… more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 22

House Rules Committee Posts Text of Spending Bills, Striking DACA Provision: House Rules Committee posts text for eight appropriations bills, striking language in the fi­nancial services spending bill allowing participants in the… more

Practical tips for maintaining a list of "registrable controllers' in Singapore: what Japanese companies should know (Japanese)

Japanese companies, branches, and subsidiaries incorporated or registered in Singapore may face novel challenges when complying with the new requirement to maintain a register of "registrable controllers"… more

OTA & Travel Distribution Update - Aug. 11th, 2017

This week’s OTA & Travel Distribution Update for the week ending August 11, 2017 (where has summer gone) is below. Compared to recent weeks, this past week was relatively quiet on the distribution front..… more

Early Summary Judgment Denied in Stapler Patent Lawsuit

Judge Gorton in the District of Massachusetts recently denied an early summary judgment motion filed in a patent infringement suit, holding the motion to be premature on two grounds. First, a scheduled claim construction hearing had… more

Hazardous Substances Regulations

From 1 December 2017, those who manufacture, use, handle, store and transport hazardous substances in the workplace will need to follow the new Health and Safety at Work (Hazardous Substances) Regulations 2017 (Regulations). At present… more

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