Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

IRS Will Not Require Response to Qualifying Health Coverage Line on 2016 Form 1040 Filings

Individuals completing their 2016 IRS Form 1040s will recognize the question asking if they, their spouses and dependents had qualifying health care coverage in 2016 (Form 1040 line 61, Form 1040A line 38, Form 1040EZ line 11). This…more

Pennsylvania Federal Court Interprets Title VII Broadly to Protect Against Gender Stereotyping and Perceived Sexual Orientation

On March 23, Judge Stengel in the Eastern District of PA denied an employer’s motion to dismiss a Title VII case filed by an employee claiming discrimination and harassment based on her appearance and perceived sexual orientation…more

Defamation and Data Protection: A Twin-Barrelled Approach to Claims Against Publishers

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative means of…more

Biomet Hip MDL Judge Remanded Florida Cases to State Court

Plaintiffs, Griseth DeJesus, Chanton Harris and Rita Taranto sued in Florida State Court asserting that they were injured by hip implant manufactured by Biomet Inc. and Biomet Orthopedics LLC. According to the complaints, “the…more

Judge Sweet Holds Invalidity and Non-Infringement Defenses Cannot Shield a Licensee’s Breach of a Patent License

On March 17, 2017, District Judge Robert Sweet (S.D.N.Y.) granted plaintiff Icahn School of Medicine at Mount Sinai's ("Mt. Sinai") motion to strike defendant Neurocrine Biosciences ("Neurocrine") affirmative defenses of patent…more

ExteNet v City of Houston: Who pays for access to Texas rights-of-way?

On March 30, 2017 the Texas Public Utilities Commission will decide whether companies with certificates of public convenience and necessity from the Commission may place their facilities in local rights-of-way and provide wireline…more

New York: Public Improvement Lien vs. Mechanic’s Lien

This is the first post in an ongoing series of posts on real estate and construction lending. Check back soon for more posts in our series. In New York, contractors must be careful to file the correct type of lien to ensure they…more

It’s Official: Blacklisting Executive Order Revoked

As anticipated, President Trump has put an end to Executive Order 13673 – Fair Pay & Safe Workplaces, also known as the “blacklisting” executive order. As expected, the President signed legislation disapproving of the Executive Order…more

Lease Assignment Provisions—Why They Matter

When a tenant assigns its rights and interest under a lease to a successor tenant, the enforceability of the assignment and its legal consequences are usually addressed and governed by language in the assignor-tenant’s lease or a lease…more

Supreme Court Update: SCA Hygiene Products V. First Quality Baby Products (15-927), NLRB V. Southwest General (15-1251) And Manuel V. City Of Joliet (14-9496)

This week, while a potential ninth justice lectured the Senate Judiciary Committee on everything from fly fishing to "mutton busting" (but not on the age-old question of whether one horse-sized duck or 100 duck-sized horses would win…more

Asymmetric jurisdiction clauses protected by Brussels Recast anti-torpedo rules

In a helpful decision for financial institutions, the High Court has held in Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) that an asymmetric (or ‘hybrid’) jurisdiction clause is valid under…more

Employment Law Briefing

LIKELY BREXIT IMPACT - Potentially, the biggest driver for change to UK employment law over the next few years could be Brexit. This is because a significant portion of UK employment law is derived from EU directives. For example…more

NLRB Denies Petitions to Revoke Subpoenas Based on Mere Allegation of Joint Employer Status

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two employers. The…more

What Are the New Changes to the U.K. Immigration Rules?

The U.K. Government made a Statement of Changes to the Immigration Rules on 16 March 2017 and issued an Explanatory Note shortly afterward. The changes are due to take effect from 6 April 2017 and those applying to Tier 2 of the…more

Uncertainty Surrounding Gender Identity and Sexual Orientation Discrimination and Steps Employers Should Take

In the current legal landscape, the scope of laws prohibiting sex discrimination remains uncertain, especially because the Supreme Court has yet to take up the issue as it relates to LGBT rights. Most recently, the high court’s…more

Lien on Me: When is a Landlord Liable to a Tenant’s Contractors and Suppliers?

Almost every commercial retail lease provides that the tenant shall not allow any materialman’s or mechanic’s liens to be filed against the landlord’s real property. Moreover, in the event that a contractor or supplier does file a lien…more

Rating Agency Developments

On March 22, 2017, DBRS issued a report entitled DBRS Criteria: Commercial Paper Liquidity Support for Non-Bank Issuers. Report. On March 22, 2017, Fitch issued a report entitled Fitch Updates US RMBS Seasoned, Re-Performing, and…more

GOP Proposes Allowing Charities to Take Political Sides

While speaking at the National Prayer Breakfast on Feb. 2, President Donald J. Trump vowed to “totally destroy” the Johnson Amendment. This pledge was seconded by House Ways and Means Committee Chair Kevin Brady, R-Texas, in a speech…more

One-Click Fix: SEC Amends Rules to Require Hyperlinks for Exhibits

On March 1, 2017, the Securities and Exchange Commission (the “SEC”) adopted rule and form amendments (the “Amendments”) requiring registrants that file certain registration statements and periodic and current reports subject to the…more

California Court of Appeal Clarifies Wage Statement Requirements for Use of Unique Employee Numbers, Hourly Rates for PTO or Vacation

The California Court of Appeal has held that: (1) the use of payroll service provider generated unique employee file numbers on employee wage statements, in lieu of the employer’s internal employee identification number or last four…more

Countdown to Brexit: How Businesses Can Prepare

In the coming days, the U.K. government is expected to formally notify the European Council of its intention to withdraw from the European Union under Article 50 of the Treaty on European Union. Formal notification will start the…more

Texas Supreme Court Approves Top Lease of Reversionary Interest; Orders New Trial on Production in Paying Quantities

In BP America Production Co. v. Laddex, Ltd. (Case No. 15-0248), the Texas Supreme Court recently ruled that a top lease that is a conveyance of an interest in a lessor’s possibility of reverter does not violate the Rule Against…more

Court of Chancery Enjoins Transaction Pending Clearer Disclosure of Banker’s Conflicts

A board must disclose all information material to the stockholder vote for a transaction. Moreover, disclosures may be inadequate when they are buried in various places in a lengthy proxy statement. One piece of material information…more

SEC Adopts T+2 Settlement Cycle for Securities Transactions

On March 22, 2017, the Securities and Exchange Commission (SEC) adopted an amendment to Rule 15c6-1(a), shortening the standard settlement cycle for most broker-dealer securities transactions by one business day, beginning on September…more

Confirmation Expected For Secretary of Labor Nominee Following Committee Hearing

Following the withdrawal of previous nominee Andy Puzder, the President quickly named former National Labor Relations Board Member and current law professor Alex Acosta to serve as Secretary of Labor. On Wednesday, March 22, 2017, the…more

T+2 Settlement Cycle is Here: Do We Have to Close Our Securities Offering in Just Two Days?

On March 22, 2017, the Securities and Exchange Commission (the SEC) adopted an amendment to the standard settlement cycle rule (the Amendment) to shorten the settlement cycle for broker-dealer transactions from three business days…more

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an…more

Minnesota Weekly Legislative Update: House, Senate Roll Out Transportation Funding Packages

With policy committee deadlines out of the way, legislators turned their attention to omnibus finance and tax bills. Finance and tax committees in both the House and Senate spent the week compiling bills, taking public testimony and…more

Disclaimers: Paper Shield or Your Best Protection?

The UK Court of Appeal recently considered the liability of issuers to secondary market investors under the Misrepresentation Act 1967 (the “1967 Act”) in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S)…more

[Audio]"The Truth Will Out."

"The Truth Will Out." “I will represent pro bono anyone #Trump sues for exercising their free speech rights. Many other lawyers have offered to join me.” - @BoutrousTed Weeks before the 2016 Presidential election, Gibson Dunn’s…more

U.S. Supreme Court Invalidates Non-Consensual Structured Dismissal Deviating from Bankruptcy Priority Scheme

The U.S. Supreme Court ruled on March 22, 2017, in Czyzewski v. Jevic Holding Corp., that without the consent of affected creditors, bankruptcy courts may not approve "structured dismissals" providing for distributions that "deviate…more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications are…more

Shifting sands: the changing landscape of transgender discrimination

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation of…more

Troll Gets Rolled Because Its Disclaimer Statements Were Undersold

In MPHJ Tech v. Ricoh Corp., the Federal Circuit affirmed a conclusion of anticipation and obviousness from an Inter Partes Review involving US 8,488,173 (‘173). The content of the art was not really in dispute. Rather, the focus of…more

These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against Wanted…more

Geneva Auto Show Showcases Europe’s Supercars, Crossover Vehicles Amid Hope for 2017 Sales

Europe’s Geneva Auto Show ended March 19, demonstrating to the world that Europe continues to dream up some of the best supercars in the world. Supercars making waves at the show included Lamborghini’s impressive, muscular Huracan…more

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration clause that…more

Financial Services Quarterly Report - First Quarter 2017: Hong Kong’s New Requirements for “Senior Management” of Fund Managers and Other Licensed Corporations

The Securities and Futures Commission of Hong Kong (SFC) recently introduced the “Senior Management Accountability Regime” (regime), in an effort to make senior managers (particularly those who are not already designated as…more

Supreme Court Rejects Laches Defense in Patent Cases

The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the six-year statute…more

Proposed Bill Would Require State Public Utility Regulatory Authorities to Consider the Cost of Distributed Generation

On March 13, Sen. Jeff Flake (R-AZ) introduced the Ratepayer Fairness Act (RFA). The RFA would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) to require that state public utility regulatory authorities and…more

Rx IP Update - March 2017

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine - As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages…more

Employment News - March 2017 #4

Lack of communication – contractual dismissal notice only took effect when received - In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took effect when…more

Turkish Sovereign Wealth Fund: what you need to know

In August 2016, Turkey joined the rest of the G20 countries and met the concept of sovereign wealth funds when it passed a law establishing the Turkey Wealth Fund Management Joint Stock Corporation (the “Corporation”) and mandating the…more

The Risky Business of Warranties

Owners and contractors beware! The warranty you get may not be what you bargained for. Many construction contracts, including widely used industry form contracts, contain two distinct warranties, a general warranty and a call-back…more

Projects and Energy Weekly Snippets

Eskom's coal-fired power struggle - Eskom’s closure of five old coal-fired power stations over the next 10 years, at a loss of about 30 000 direct and indirect jobs, was foreseen more than a decade ago…more

France: How to Tackle Religion in the Workplace | France : Quelles réponses apporter à la religion en entreprise

Due to the recent terrorist attacks and headlines on religious extremism across Europe, the question of restricting religious expression in the workplace is becoming more prevalent for French employers. Employers would agree that the…more

Is a “Very Strange Year at Uber” a Cue to Improve Culture or Harassment Training …or Both?

Whenever we see headlines about an organization embroiled in some kind of ethical or legal misstep, what usually follows are a series of questions about what exactly went wrong. The answers to these questions usually shine a light on…more

City of Los Angeles Updates Paid Sick Leave Rules and FAQs

On March 14, 2017, with little to no fanfare, the City of Los Angeles Office of Wage Standards (OWS) revised its rules implementing the Minimum Wage Ordinance (MWO), which includes mandatory paid sick leave requirements. OWS also…more

US Securities and Exchange Commission Seeks Public Comment on Possible Change to Industry Guide 3 – Statistical Disclosure by Bank Holding Companies

The SEC published a request for public comment on disclosures called for by Industry Guide 3 - Statistical Disclosure by Bank Holding Companies. Stating that the financial services industry has changed drastically since Guide 3 was…more

Health Care Reform Update – American Health Care Act Shelved

The American Health Care Act (“AHCA”), the legislation intended to “repeal and replace” the Affordable Care Act (“ACA”), was shelved on Friday, March 24, 2017, ending for now efforts to repeal the ACA. The AHCA, described in our recent…more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Orrick provides the highest quality advice on complex transactional, litigation and regulatory matters with a particular focus on serving companies in the technology, financial services and energy and…

[ About | Legal Updates ]