Latest Updates

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case (updated)

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance on when… more

Clickwraps and Browsewraps Oh My! Terms of Online Vender Agreements - Are They Enforceable?

Often times, in seeking to enforce a term or condition of an online transaction, such as an arbitration clause, an online vendor will discover that (in the eyes of the law) the consumer never agreed to the transaction’s terms and… more

Section 201 Solar Trade Case Injury Determination

The U.S. International Trade Commission ("ITC" or "Commission") unanimously determined on September 22, 2017 that low-cost, imported solar equipment has caused serious injury to the domestic solar cell and panel industry. As a result… more

Ohio Medical Marijuana: Status Of The New State Industry

Ohio legalized medical marijuana in the spring of 2016 and has since been developing the Medical Marijuana Control Program (MMCP) to regulate the cultivation, processing, and dispensing of medical marijuana throughout the state. The… more

ADA Does Not Provide Medical Leave Entitlement To Worker Seeking Post-FMLA Leave, Seventh Circuit Holds

In a significant ruling for employers, the U.S. Court of Appeals for the Seventh Circuit has held that a request for a two-to-three-month leave of absence is not a reasonable accommodation pursuant to the Americans with Disabilities… more

An English-Language Primer on Germany’s New GDPR Implementation Statute Part 2: Individual Rights, DPA Oversight and Enforcement, and Litigation

This is Part 2 of a two-part English-language overview of Germany’s recently passed new version of the Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG)—the BDSG-New, which implements the EU General Data Protection… more

This Agreement To Arbitrate Will Self-Destruct in 3…2…1…

Arbitration – essentially, a private trial in which the parties hire a fact-finder who serves in lieu of a judge – has become an increasingly common means of resolving family law disputes. Although an arbitration may be conducted with… more

NLRB Has Republican Majority: Emanuel Confirmed By Senate

Management-side lawyer William Emanuel was confirmed late on September 25, 2017 by the United States Senate to fill the last vacant seat on the National Labor Relations Board. Republican Marvin Kaplan was confirmed on August 2, 2017… more

California Court of Appeal Reverses Trial Court Decision Denying PANNA’s Petition Challenging Approv

On September 19, 2017, California’s Court of Appeal for the First Appellate District reversed a trial court decision denying a petition by the Pesticide Action Network North America (PANNA) challenging the approval by the California… more

Title IX Directives to Schools for Handling of Sexual Misconduct Claims Rescinded

The U.S. Department of Education issued interim guidance addressing how the Office of Civil Rights will assess Title IX compliance when schools process claims of sexual misconduct, including peer-on-peer sexual harassment and sexual… more

CFPB proposes off-balanced approach to public disclosure of HMDA data

In October 2015, the CFPB adopted significant changes to the rules under the Home Mortgage Disclosure Act (HMDA). Among the changes, the items of information to be collected and reported under HMDA are greatly expanded, with some… more

Taxpayer Challenges Department Authority to Adjust NOL Carryforward, When NOL Was Generated in Tax Years Otherwise Closed by Statute

Can a Department of Revenue auditor reduce a taxpayer’s deduction for a net operating loss (“NOL”) carryforward, even if the NOL was generated in a tax year that is closed under the statute of limitations? This question is the subject… more

How to Handle Difficult Feedback

The two most frequently asked questions we answer when working with our clients at the beginning of any engagement are: - 1. How do we handle difficult feedback? 2. What happens if we don’t have a formalized system to act and… more

First District Holds CEQA’s Substantive Requirements Apply to Environmental Documentation of State Agency Acting Under Certified State Regulatory Program, Directs Issuance of Writ Setting Aside Inadequately Reviewed Pesticide Label Approvals

In a published opinion filed September 19, 2017, the First District Court of Appeal reversed the trial court’s denial of a writ petition challenging defendant California Department of Pesticide Regulation’s (“Department”) approval of… more

A Primer on Florida's "25 Percent Rule" for Roof Repair/Replacement

The 2014 Florida Existing Building Code (the “Code”) contains what is conventionally called the “25 percent rule” (the “Rule”). The Rule applies to roof repair of any commercial or residential building. In a nutshell, the Rule states… more

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower court, which… more

How Common Are Governmental Parties in the Court’s Civil Docket?

For the past several weeks, we’ve looked at the Court’s record with death penalty appeals. This week and next, we’re looking at the Court’s record with parties that are governmental entities. In Table 559, we report the total… more

Florida Nursing Home Deaths Have Ripple Effects for Facilities Statewide

Hurricane Irma’s wrath knocked out power to much of Florida. At one South Florida senior rehabilitation center left in the dark, the generator was not powerful enough to sustain the air conditioning system, and a portable cooling… more

The Economic Loss Rule And Misrepresentation-Based Section 75-1.1 Claims

We’re not alone in our interest in how the economic-loss doctrine applies to alleged violations of N.C. Gen. Stat. § 75-1.1. In a recent case in the North Carolina Business Court involving section 75-1.1 claims, Judge Michael L… more

Judge Broderick Holds That Under 28 U.S.C. § 1782 Discovery That "Does Not Matter" Can't Be "For Use" in a Foreign Proceeding

On September 18, 2017, District Judge Vernon Broderick (S.D.N.Y.) denied Petitioner George Schlich's ("Schlich") petition pursuant to 28 U.S.C. § 1782 for discovery from Respondents The Rockefeller University, Luciano Marraffini… more

Solar Flare-up with China

Two actions took place at the end of last week which heighten concerns that a trade war with China could be ever more likely. First, there was the preliminary decision in the solar panels 201 case. Then, we had the additional sanctions… more

A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA

Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not required… more

At Last! Relaxation of Federal Securities Regulations for Private Company Stock Incentive Awards may be on the Horizon

Many privately held companies rely on equity compensation awards (typically stock options) to recruit, retain and motivate key employees and other service providers. The issuance of such equity compensation awards generally needs to… more

Five Lessons All Companies Can Learn From The Equifax Data Breach

The Equifax data breach has dominated news headlines for weeks, and Equifax will be dealing with the legal and financial fallout from the breach for many years. While many companies may be relieved not to be in Equifax's position… more

The New Partnership Audit Rules Are Here: Are You Ready? - Construction and Procurement Law News, Q3 2017

The January 1, 2018 effective date of the new federal partnership audit rules is almost here, and we encourage all entities taxed as partnerships to consider addressing the issues posed by these new rules as soon as possible. These… more

Offshore Cybersecurity Guidelines Issued

DNV GL recently issued a new globally applicable recommended practice (DNLVGL-RP-G108) to assist oil and gas operators, system integrators and managers, and vendors in the offshore industry to manage increasing cybersecurity threats… more

To Charter or Not to Charter: Initial Thoughts on Recent Fintech & Banking Developments

A topic of increasing interest in recent months and weeks has been whether and if fintech companies would seek to obtain a bank charter of some sort. The recent decisions by Social Finance Inc. (SoFi) and Square, Inc. to apply for… more

Reminder: FCC Annual 911 Reliability Certification Due October 16, 2017

Annual 911 Reliability Certification - Providers of 911, E911, or NG911 capabilities in the United States must file with the Federal Communications Commission (FCC), by October 16, 2017,* an annual certification of the provider’s… more

Financial crime and investigations update for UK corporates

The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of two new corporate criminal offences)… more

Governor Brown Has Another Opportunity To Expand Parental Leave To Small Businesses In California

The New Parent Leave Act has made it to Governor Jerry Brown’s desk awaiting his signature or veto. This bill would mean significant expansion of parental leave for small employers in California. It is uncertain whether Governor Brown… more

Emanuel Confirmed To NLRB, And GOP Now In The Majority

Management-side labor attorney William Emanuel was confirmed by the Senate today as a Member of the National Labor Relations Board. Mr. Emanuel’s confirmation gives the Republicans a 3-2 majority on the Board… more

Is Pawternity Leave The Next New Trend?

There are few things I love more in life other than dogs and beer. So when I saw this article I was delighted! A beer company, called BrewDog, has decided to pay its employees a week of new puppy leave dubbed “pawternity” or… more

Council on Environmental Quality Takes First Step to Implement Trump Executive Order on Streamlining Federal Environmental Reviews

On September 14, 2017, the Council on Environmental Quality (CEQ), which oversees compliance with the National Environmental Policy Act (NEPA) by federal agencies, announced a list of planned actions to implement President Trump’s… more

CMS Calls for “New Direction” for Innovation Center, Invites Ideas for New Payment Models

The Centers for Medicare & Medicaid Services (CMS) CMS has announced a “new direction” for the CMS Innovation Center that is intended to “promote patient-centered care and test market-driven reforms.” The goal of these reforms – which… more

Healthcare & Life Sciences Private Equity Deal Tracker: Avista to Acquire Miraca Life Sciences

Avista Capital Partners will acquire Miraca Life Sciences from Miraca Holdings, according to a news release. Miraca Life Sciences, based in Irving, Texas, is a national, independent anatomic pathology lab providing subspecialty… more

ICO Publishes Draft Guidance on Contracts and Liabilities Under the GDPR

The UK’s Information Commissioner (ICO) has published draft GDPR guidance on contracts and liabilities between controllers and processors. The draft guidance is currently open for consultation,with responses due by 10 October 2017… more

Capitol Hill Healthcare Update

Republicans’ last-ditch effort to overhaul the Affordable Care Act (ACA) suffered potentially fatal blows as GOP senators in recent days voiced either outright opposition to or serious reservations about legislation pushed by Sens… more

[Video]Day 17 of One Month of Innovation in Compliance-Using Employees to Innovate

How do you tap into your largest resource of innovation for your compliance program, which is of course your employee base?… more

“Time-Tracking Snafu” Not Willful Violation Of FLSA

The Third Circuit ruled last week that a governmental employer who failed to pay overtime due to a “time-tracking snafu” had not willfully violated Fair Labor Standards Act (FLSA). Plaintiffs in Souryavong v. Lackawanna County alleged… more

The Federal Government Procurement Process Could Go Digital

In order to keep up with online marketplaces available at the “one touch” of a smartphone, the federal government is doing its part to bring its procurement process into the digital age. Legislation passed earlier this year by the… more

CMS Corrects Sunshine Act CMP Regulations due to Inflation Adjustment Error

CMS has just corrected an error in a 2016 rulemaking that inadvertently called for a 10-fold increase in certain “Sunshine Act” civil monetary penalties (CMPs). Under section 1128G of the Social Security Act, applicable… more

California Joining The Ban The Box Bandwagon?

California may be the next jurisdiction to implement statewide “ban the box” legislation. Assembly Bill 1008 made its way from the Assembly through the Senate, and now awaits action from Governor Jerry Brown… more

Municipal Securities Market Gets Guidance From MSRB On Avoiding Selective Disclosures

The Municipal Securities Rulemaking Board recently issued a Market Advisory on selective disclosure in the municipal market that merits attention. MSRB is a self-regulatory organization established by Congress to regulate the… more

Breaking Immigration News: Travel Ban 3.0 Released, New Countries Targeted

On September 24, 2017, President Trump issued Travel Ban 3.0 restricting travel to the United States from eight countries, including five that were subject to the previous travel ban. This new travel ban was issued as the last travel… more

Employer Health Plan Premiums Rose In 2016, But Just Barely

Premiums for Affordable Care Act (ACA) marketplace coverage continue to sky rocket, with the average cost of a benchmark plan in the individual market place rising 20% this year. There is very different news for employer-sponsored… more

CMS Call: IMPACT Act and Improving Care Coordination (Sept. 28)

CMS is hosting an Open Door Forum conference call September 28, 2017 to provide information and solicit feedback on the Improving Medicare Post-Acute Care Transformation Act of 2014 (IMPACT Act). Among other things, the call will… more

Energy Hearings this Week

Senate Energy and Natural Resources Committee hearing on Bruce Walker to be assistant Energy secretary for electricity delivery and energy reliability; and Steven Winberg to be an assistant Energy secretary for fossil energy. Date:… more

Trump Issues Country-Specific Travel Ban

President Donald Trump has issued a proclamation that imposes new travel restrictions on eight countries, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry in to the United States by Terrorist or Other… more

Price of Oil, Rig Count And Lease Sale: Show Me The Money!

After reading this weekend’s headlines and checking the stock market, Tom Cruise in the movie Jerry Maguire yelling, “SHOW ME THE MONEY” has been ringing in my head this afternoon… more

Understanding Property Tax Delinquency in Indiana Law

What happens if an Indiana property owner fails to pay property tax? If this is a persistent failure, the property owner will be subject to sanctions under Indiana Code §§ 6-1.1-24 and 25 et seq. The ultimate sanction — the “death… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Akin Gump Strauss Hauer & Feld LLP is one of the world’s largest law firms. Founded in 1945 by Richard Gump and Robert Strauss with the guiding vision that commitment, excellence and integrity would…

[ About | Legal Updates ]

Watch This