Latest Updates

Immigration Updates: June 26, 2017

The United States Supreme Court has allowed portions of President Trump’s travel ban to take effect; citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen may be denied admission to the United States if they lack any bona fide… more

What Lawyers Should Know About the New Auditor’s Report Revisions

After more than six years of deliberations, it looks like the revised auditor’s report is about to become reality. On June 1, the PCAOB adopted a new auditing standard that substantially modifies the long-familiar content of that… more

Supreme Court to Decide Bankruptcy Test for Recharacterizing Insider Debt Claims

On June 27, 2017, the U.S. Supreme Court agreed to hear an appeal brought by Ropes & Gray of the Fourth Circuit’s decision in PEM Entities LLC v. Eric M. Levin & Howard Shareff. The Supreme Court’s decision in the case will have… more

New Legislation Allows Philadelphia to Shut Down Local Businesses Who Violate Its Anti-Discrimination Laws

The City of Philadelphia will now have the authority to shut down a business within the city for an undefined “period of time” if the business severely or repeatedly violates Philadelphia’s anti-discrimination laws, under a bill signed… more

The Department of Defense Emphasizes Heightened Cybersecurity Compliance at Industry Information Day Event

We had the opportunity to attend Department of Defense’s (DoD) Industry Information Day on Friday, June 23, at the Mark Center Auditorium in Alexandria, Virginia. DoD’s Chief Information Officer published advance notice of the meeting… more

How Will Federal Legal and Regulatory Changes Impact Connecticut Employers?

For the last six years, you haven’t seen much on this blog about changes to federal employment laws because, well, there just weren’t any. What we DID see, however, were changes to regulations and enforcement orders… more

Companies Should Continue to Prepare for Pay Ratio Disclosure

The pay ratio disclosure rules adopted by the U.S. Securities and Exchange Commission (SEC) in August 2015 require proxy disclosure in 2018 for most registrants. These rules require the disclosure of the ratio of the median of the… more

Q&A: Georgia’s New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family… more

Special Immigration Alert - June 2017

Supreme Court Agrees to Review President Trump’s Travel Ban and Narrows the Scope of Lower Court Injunctions - On June 26, 2017, the Supreme Court of the United States announced that it had agreed to hear President Trump’s appeal… more

Supreme Court Will Hear Whistleblower Protection Case

The Supreme Court agreed to hear a key issue regarding the protections afforded whistleblowers next term. Specifically, the High Court will consider whether to be protected under the anti-retaliatory provisions of Dodd-Frank the person… more

ASIC seeks better compliance with asset holding requirements in funds management and custodial services

On 22 June, following an industry review of custody of assets, ASIC released a report of its findings which indicated that custody of assets is and will remain its focus going forward and that it will continue to engage with industry… more

In The Weeds: Florida Lawmakers Provide Medical Marijuana Guidance For The Workplace

Florida Governor Rick Scott signed a medical marijuana bill into law on Friday that provides guidelines on the implementation of the state’s Constitutional Amendment regarding medical marijuana. The good news for employers: the bill… more

Employer Health Insurance Legislation Update: The Better Care Act

Last week the Senate released draft legislation entitled “The Better Care Act.” aimed at repealing and replacing the Affordable Care Act. Below is a summary of the Act and its potential impact on Iowa employers… more

Ten Months And Counting: Five Things Your IT Department Needs to Know to Prepare for GDPR

The hour cometh. The European Union’s General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) goes into effect on May 25, 2018. If a company processes or stores the personal data of EU residents (not citizens), it is… more

Tax-Exempt Financing of Churches, Parochial Schools and Other Sectarian Institutions After Trinity Lutheran Church: Permitted? Required? Let us Pray for Answers

The U.S. Supreme Court’s June 26 opinion in Trinity Lutheran Church of Columbia, Inc. v. Comer, precluding states from discriminating against churches in at least some state financing programs, raises anew the question of whether… more

Taking Security Guide

In our interconnected global economy, banking and finance transactions are becoming increasingly complex and regulatory frameworks are constantly evolving. The act of taking security, that is, the creation and enforcement of… more

Even a Clear Choice of Law Provision Can Be Vulnerable

When two parties reside and/or conduct business in different states, any agreement between them almost always has a choice of law provision. Typically, such a clause is as simple as: “The Parties agree that this Contract shall be… more

InterConnect FLASH! No. 62 - Arbitration Clauses in IC Agreements: The Winds Are Shifting

Recently, the First Circuit Court of Appeals in a case of first impression (Oliveira v. Prime) further demonstrated the importance of choice of law provisions in Independent Contractor Service Agreements (“ICSAs”) as they relate to… more

U.S. Supreme Court To Review Scope Of “Whistleblower” Under Dodd-Frank

On June 26, 2017, the U.S. Supreme Court agreed to review whether individuals who do not report alleged securities law violations to the U.S. Securities and Exchange Commission are “whistleblowers” protected by the anti-retaliation… more

U.S. Supreme Court Limits the Exercise of Specific Personal Jurisdiction by State Courts

The U.S. Supreme Court recently tightened the reins when it comes to state courts’ exercise of case-based, specific personal jurisdiction over out-of-state companies. In Bristol-Myers Squibb Co. v. Superior Court of California, ___… more

US Supreme Court Grants Partial Stay, Permits Limited 90-Day Travel Ban

The travel ban will go into force regarding “foreign nationals who lack any bona fide relationship with a person or entity in the United States.”… more

Electric boogaloo: FDA releases sequel to 2003 guidance on use of electronic records and electronic signatures in clinical investigations

On 21 June 2017, FDA announced the availability of a new draft guidance titled "Use of Electronic Records and Electronic Signatures in Clinical Investigations Under Part 11 — Questions and Answers." The draft guidance is intended to… more

Post-Award Protest Primer Series: Part 1

Part 1: An Introduction to Bid Protests - Welcome to the first in a new series of articles on post-award bid protests! A lot of misunderstandings and misinformation surround the bid protest, and traps abound for the wary and… more

They’re Back … DOL Announces the Return of Opinion Letters

In the second bit of wage hour news today, and in advance of Secretary Acosta’s hearing before a Senate Appropriations subcommittee, the Department of Labor announced the return of opinion letters. In 2010, the Obama Administration had… more

Groundbreaking Trial Ends with Ruling that Grocery Store Must Make its Website ADA Accessible

In a first, a federal court in Florida ruled recently that a grocery store must make its website accessible to the disabled. The plaintiff in the case, a blind man who uses screen-reading technology to access and view websites… more

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a number of… more

SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPERS v. ANZ Securities, Inc.

We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times, most recently following the Ninth Circuit’s Resh decision last month. Under American Pipe, individual… more

Re-establishing production after mechanical failures to save a lease

A recent trend in oil and gas litigation is top lessees seeking termination of base leases. While these lawsuits typically target marginally producing leases, operators may be equally “termination conscious” when a profitable well… more

OIG Report Details Decline in Healthcare Fraud Recoveries

Last week OIG released its semiannual report to Congress, which details the results of OIG’s operations for the first half of the 2017 federal fiscal year. Healthcare fraud recoveries by OIG totaled $2.04 billion during the period of… more

DOL: Opinion Letters Are Back!

On June 27, 2017, the U.S. Department of Labor (“DOL”) announced that it has reinstated the issuance of Opinion Letters by its Wage & Hour Division and unveiled a new website to guide employers and employees in requesting an Opinion… more

Kuala Lumpur Singapore High Speed Rail Project 2017 - Update 2

Background - This note serves as an update to two earlier notes dated August 2015 and January 2017 on the landmark Kuala Lumpur – Singapore High Speed Rail (the “HSR”). The HSR - In 2013, Singapore and Malaysia formally… more

Stadnick v. Vivint Solar: The Second Circuit Rejects Shaw's "Extreme Departure Test"

Last week in Stadnick v. Vivint Solar, the Second Circuit provided important guidance for determining when an omission in a registration statement is material for purposes of a Section 11 claim. The decision holds that the materiality… more

Be Careful What and Who You Tell: Limitations on Defense Counsel Reporting

Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier… more

PTAB

Please see chart below for more information… more

OSHA Delays Electronic Filing Date for Injury and Illness Records Until December 1, 2017

Seyfarth Synopsis: OSHA has proposed to delay the reporting compliance deadline, until December 1, 2017, for certain employers to electronically file injury and illness data… more

Healthcare Business Associates

The Health Information Technology for Economic and Clinical Health (“HITECH”) Act modified the Health Insurance Portability and Accountability Act (“HIPAA”) by expanding the definition of Business Associates (“BA”) and their… more

The CCO as a Futurist

Every Chief Compliance Officer (CCO) and compliance practitioner who thinks about their compliance program one, three or five years down the road is a budding futurist. The Compliance Week 2017 Annual Conference opened this year with a… more

Agreement Reached on Form of New EU Securitisation Regulation and on Amendments to the Capital Requirements Regulation

The EU legislative institutions have now agreed compromise amendments to the proposed EU regulation intended to lay down common rules on securitisation and to create a European framework for “simple, transparent and standardised”… more

Manatt on Health Reform: Weekly Highlights - June 2017 #4

Manatt Health Introduces Two New Publications: Ongoing Insights into the Latest Healthcare Issues and Actions - In this time of uncertainty for healthcare, real-time, insightful information on key developments is more important than… more

What Communications Between a Lawyer and Client are Protected by Solicitor-Client Privilege?

Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee, 2017 BCCA… more

CMS Requests Dismissal of Its Nursing Home Arbitration Appeal

On June 2, 2017, CMS filed a motion to dismiss its appeal to the U.S. Circuit Court for the Fifth Circuit of a U.S. District Court decision blocking the agency’s ban on mandatory nursing home arbitration. CMS’s motion did not provide… more

Taking Stock of the “Blockchain Amendments” to the Delaware General Corporation Law

Two amendments have been proposed to the Delaware General Corporation Law (the “DGCL”) to permit corporate record keeping utilizing blockchain databases (the “Blockchain Amendments”)… more

New York State 2017-18 Budget Legislation Contains Numerous Tax Changes

In early April, the New York State Legislature passed its 2017-2018 budget legislation, which Governor Cuomo signed into law on April 10. This legislation contains numerous changes to the New York State Tax Law… more

CFPB's Monthly Complaint Report Takes a New Approach

The CFPB has issued its monthly complaint report. The report is a high level snapshot of trends in consumer complaints. The report traditionally provides a summary of the volume of complaints by product category, by company and by… more

North Carolina Appellate Court Refuses to Lift Preliminary Injunction in Non-Solicitation Case Before Trial

When an employer believes that a former employee has violated post-employment restrictive covenants, it often seeks injunctive relief intended to prevent harm to its business pending a final determination on the merits of the claim… more

A Working Capital True Up is not an End Run on a Liability Bar

In Chicago Bridge & Iron Co. N.V. v. Westinghouse Electric Co. LLC, the Delaware Supreme Court examined the interaction between a working capital true up and alleged breaches of financial statement representations and warranties in a… more

What lenders need to know

The most ignored set of laws in Tennessee that impact commercial developers and their lenders are the construction “retainage” laws. Typically during a commercial project, once a draw is approved/funded by the lender, the owner… more

DOL to Reinstate Issuance of Wage-Hour Opinion Letters

On June 27, 2017, the U.S. Department of Labor (DOL) announced that it will reinstate the issuance of Wage and Hour Division (WHD) opinion letters as one of its methods for providing guidance to employers and employees on federal wage… more

Comfort in consistency – Dexia Crediop S.P.A. v. Comune di Prato [2017] and international use of the ISDA Master Agreement

The Court of Appeal has reversed a judgment of the Commercial Court which had worrying implications for banks concluding international transactions using standard form ISDA documentation (and, by implication, other standard form… more

INTERPOL and security checks from the U.A.E. and other Middle Eastern countries

We continue to receive reports, like this one, of individuals who are wanted in the United Arab Emirates or other areas in the Middle East, for bounced security checks. I addressed the basics of this issue in a previous post, here. At… more

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