Latest Updates

Got Privilege? When It Comes to Internal Investigations, Think Again …

Seyfarth Synopsis: A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations. But with a clear… more

Could Tax Reform Threaten Higher Education?

Given declining funding from government sources and the continued pressure to minimize tuition increases, it is critical for higher education institutions to encourage private giving. The primary catalyst for private giving is the… more

DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs

Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by submitting… more

The Tennessee Health Services and Facilities Report - August 2017

The Tennessee Health Services and Development Agency ("HSDA") is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need ("CON") is a permit for the establishment… more

Federal Government Does About-Face on Enforcement of Arbitration Agreements in Employment Contracts

One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While this has… more

Fenwick Employment Brief - Summer 2017 Update

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in California law… more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the Circuit… more

Trump Signs Executive Order to Streamline Environmental Review and Permitting Process for Infrastructure

On August 15, President Donald J. Trump signed a second executive order "streamlining" the federal environmental permitting process with a goal of making construction of transportation, water, and other infrastructure projects more… more

NAFTA Renegotiations – Are You Prepared for Changes in Supply Chain Operations and Market Growth Planning?

On August 16, 2017, the United States, Canada, and Mexico began renegotiating the North American Free Trade Agreement (“NAFTA”). According to reports, the negotiations are scheduled to be expedited in an effort to be complete before… more

SEC Approves NYSE Rule Change Regarding Dividend Notification Requirements

The SEC has approved a change to the NYSE’s rules which requires listed companies to provide dividend notifications to the Exchange at least 10 minutes prior to disseminating them publicly when the notification is made outside of… more

DOL Temporarily Shuts Down OSHA Injury Reporting Portal Because of Possible Data Breach

According to Bloomberg BNA, the Labor Department temporarily shut down OSHA’s (ITA) “Injury Tracking Application” portal for employers to report injuries and illnesses so that OSHA can investigate a “potential compromise” of a… more

Pharmacyclics Receives FDA Approval for Imbruvica in Treatment for Chronic Graft Versus Host Disease

On August 2, 2017, the U.S. Food and Drug Administration approved the use of Imbruvica® (ibrutinib) for the treatment of adult patients with chronic graft versus host disease (cGVHD) to Pharmacyclics LLC. Imbruvica® is the first… more

Combating climate change: NYDFS calls on insurance industry to help

On 26 July 2017, the New York Department of Financial Services (the “NYDFS”) issued Circular Letter No. 9 (2017) (the “Circular Letter”) and a corresponding press release, directed at all life, property/casualty, and health insurers… more

U.S. Withholding on Synthetic Trades over U.S. Equities—Further Delay of Full Implementation Until 2019 (Notice 2017-42)

In response to perceived abuses in taxpayers’ use of swaps and other derivative transactions (e.g., options, futures or forwards) to avoid withholding tax on U.S. source dividends, Congress added Section 871(m) to the Internal Revenue… more

Your Daily Dose of Financial News

Mylan will pay $465 million to federal authorities to resolve claims that it overcharged the Medicaid program by millions for its EpiPen products. Though large, the figure represents about a third of the estimated overpayments Medicaid… more

What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six months, a… more

Life University Sued By EEOC for Race Discrimination and Retaliation

Two Black Employees Targeted for Discipline Because of Their Race, Then Fired for Complaining About Discrimination, Federal Agency Charges - ATLANTA - Life University, Inc., the largest chiropractic college in the United States… more

Seventh and Ninth Circuit Decisions Provide Guidance on the Concrete Injury Analysis Required Under Spokeo

While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement still… more

The Ninth Circuit Revives Consumer Class Action, Finding Intangible Harm Sufficient to Confer Article III Standing

The six-year fight over the type of harm a plaintiff must allege to satisfy the “injury in fact” requirement for lawsuits alleging false reporting of credit information took its latest turn this week. On Tuesday, August 15, 2017, the… more

CFPB creates online form for regulatory questions

The CFPB has created a new online form for obtaining informal staff guidance on questions about CFPB regulations.  A link to the new form appears on the CFPB’s website on the “Compliance and guidance” page… more

CMS Proposal Terminates and Revises Mandatory Bundled Payment Models

On August 15, 2017, the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule which would cancel the Episode Payment Models (EPMs) and the Cardiac Rehabilitation (CR) incentive payment model, each of which were… more

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed at best a… more

Private Company Liquidity Programs

Nasdaq Private Market reports increased activity in private company liquidity programs. Companies that are choosing to stay private longer are using structured and controlled liquidity as a recruitment and retention tool, according to… more

Finding No Injury, First Circuit Tosses Deceptive Pricing Suits

In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against Nordstrom Inc… more

[Video]Generosity & Authenticity in Business Development: Market Leaders Podcast with AceTech's Jodi Kovitz

Join David Ackert as he interviews Jodi Kovitz, CEO of AceTech Ontario, in this episode of the Market Leaders Podcast. Tune in to hear David and Jodi discuss: - How Jodi's tenure as a BD executive at Osler informs her coaching… more

Liability for field trips: Munn v. Hotchkiss and ticks, Costa v. Plainville and basketball, and are there really any new obligations for public schools?

Last Friday (August 11, 2017), the Connecticut Supreme Court issued a decision garnering significant press attention in which it ruled that 1) Connecticut public policy imposes a duty upon schools to warn or protect against the risk of… more

Total Eclipse of … Liability?

We don’t mean to darken anyone’s day—we want our clients and their employees to join in on the 2017 eclipse festivities as much as everyone else—but we need to alert you as to some issues and suggest some precautions for employers to… more

Are You Prepared for the Workplace Challenges That Will Rise With the Solar Eclipse?

Unless you have been living under a rock, you should know by now that on August 21, 2017, a total solar eclipse will cross the continental United States, coast to coast. While the entire country will experience a partial eclipse, a… more

2017 EY Survey Reports Steady Increase in Voluntary Audit-Related Disclosures

In its sixth annual report on voluntary audit committee reporting to shareholders, Ernst & Young observed “similar increases in voluntary audit-related disclosure as in the past several years, with steady growth in certain areas.” In… more

Report links US nuclear industry to national security

The U.S. nuclear energy enterprise is a key national security enabler, according to a report released this week by a new non-profit. The Energy Futures Initiative's report describes the domestic nuclear energy industry as playing… more

Lawyers: How to Turn Your Online Social Interactions Into Leads

by ON24

Sam McKenna breaks down the who, how, and why social selling is worth your time, even lawyers… more

Recertifications of Size or Status: What Contractors Need to Know

Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your company’s small… more

D.C. Adds Student Loan Servicer License to NMLS

On August 10, 2017, the District of Columbia Department of Insurance, Securities and Banking started accepting applications and transition fillings for the Student Loan Servicer License and Student Loan Servicer Branch License on NMLS… more

eSports League Expands with Addition of NFL Owners and Cloud9

Activision Blizzard’s Overwatch League gained two new teams this month as Stan and Josh Kroenke, owners of the Los Angeles Rams and numerous other professional sports franchises, and Jack Etienne, founder and CEO of American eSports… more

EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change

While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers Act,” due to… more

Cleo Daily, et al., v. City of Phoenix, et al.

Jones, Skelton & Hochuli Attorneys John Masterson and Justin Ackerman obtained a summary judgment on behalf of their client in a case involving a police shooting. On April 20, 2013, a man living in the complex, later identified as… more

Delaware Amends Data Breach Statute

Delaware has joined the growing list of states that have recently amended their data breach laws. With passage of the first significant amendments to its data breach law since 2005, Delaware continues a state-law trend of creating new… more

SELF DRIVE Act Moves Unanimously From House Subcommittee To The Full U.S. House Of Representatives

On July 27, 2017, the U.S. House of Representatives Energy and Commerce Committee unanimously approved the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act, or SELF DRIVE Act, on a 54-0 vote. The Act now… more

Pa. Supreme Court Upholds Trustee Replacement Rules

A recent Pennsylvania Supreme Court case clarified the ability of the beneficiaries of a trust to remove a corporate trustee. In a highly anticipated case, the Court unanimously refused to permit the beneficiaries of an irrevocable… more

Tracking down bad guys, online and off

Q.When we think of the words ‘corporate investigator,’ you don’t exactly fit our stereotype, yet that’s clearly what you are. What are we missing? What does a corporate investigator do these days?… more

Orrick's Financial Industry Week In Review

On August 8, 2017, the Federal Reserve Board and Federal Deposit Insurance Corp. extended the deadline for 19 foreign banks and two domestic bank holding companies to file their next round of "living wills" detailing how they can be… more

Another step forward filling in blanks in the cyber security law or more questions than answers?

Another step forward filling in blanks in the cyber security law or more questions than answers? On 11 July 2017, the China Cyberspace Administration ("CAC") released the draft Key Security ("Draft Regulations") for public… more

Foreign Investment in the U.S.: How The Trump Presidency Could Change Things

Twelve years have passed since publication of the article Uncle Sam Watches Nervously: Foreign Investment in U.S. Industries in 2004. That article discussed the review process under the Exon-Florio Amendment delegated to the Committee… more

Florida Property Owners: The Notice Of Proposed Property Taxes From Your County Property Appraiser-Beware Of Deadline For Appeal

What to Do with the Notice - Immediately open the Notice of Proposed Property Taxes and examine its contents for accuracy. The Notice contains column headings which include: - Taxing Authority - Your Property Taxes Last… more

Biofuel Industry Testifies At EPA Hearing On RFS Program

On August 1, 2017, the U.S. Environmental Protection Agency (EPA) held a public hearing to hear from all segments of the fuel industry on the proposed rule to set the 2018 renewable volume obligations (RVO) under the Renewable Fuel… more

Ontario Court Upholds Ruling Reducing Exaggerated Lien

The Ontario Superior Court of Justice (Divisional Court) recently released its decision in HMI Construction Inc. v. Index Energy Mills Road Corp., upholding a motion decision that reduces the security required to vacate liens… more

Sandia National Laboratories Studying Algae To Clean Polluted Water And Produce Biofuel

Sandia National Laboratories (Sandia) is investigating whether algae can be used to transform the Salton Sea, one of California’s largest and most polluted lakes, into a productive and profitable resource. The Salton Sea Biomass… more

EPA Releases Final Guidance on TSCA Section 8(a) Nanomaterial Reporting Rule

The Environmental Protection Agency (EPA) released the Working Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce (Guidance) on August 14, 2017. EPA developed the final Guidance based on a draft… more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not changed, many… more

IRS Provides Guidance on Stock Distributions for Publicly Offered REITs and RICs

Revenue procedure sets forth requirements for ensuring certain stock distributions are treated as property distributions eligible for dividends paid deduction. On August 11, 2017, the Internal Revenue Service (IRS) published Revenue… more

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