Latest Updates

[Video]Day 14 of Innovation in Compliance-Putting Compliance at the Center of Business Strategy

Another innovation is to put your compliance program at the center of corporate strategy. An article in the Harvard Business Review (HBR) by Frank Cespedes, entitled “Putting Sales at the Center of Strategy”, discussed how to connect… more

AGG Food and Drug Newsletter - September 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more

European Court Rules On Employee Monitoring Programs And Privacy

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Barbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts upholding an… more

CMS Provides Waivers in States Affected by Hurricanes Harvey and Irma

September 20, 2017 The Centers for Medicare & Medicaid Services (CMS) recently modified and waived certain Medicare enrollment and billing requirements to ensure the availability of adequate medical care for Medicare beneficiaries in… more

From the Server Room to the Board Room: D&O and Cybersecurity Emerging Trends

With breaches of nearly 150 million Americans’ personal information flooding the news the last few weeks, followed by the filing of more than 50 class action lawsuits to date, and the announcement of an FTC investigation, cybersecurity… more

EC Begins Consultation on Revising Recommendation on Definition of Nanomaterial

On September 15, 2017, the European Commission (EC) began a public consultation on the revision of the 2011 EC Recommendation on the definition of nanomaterial. The EC intended the definition to achieve consistent application of the… more

OSHA Announces Enforcement Policy For Construction Silica Standard

In a memorandum issued today from Thomas Galassi to OSHA Regional Administrators, OSHA has announced how it will handle enforcement of the new Silica Standard for the construction industry, which takes effect on September 23… more

Federal Judge Rejects Insurer’s Effort to Add Materials To Claims File on Eve of Trial

A federal judge in Arizona refused an insurer’s effort eight days before trial to supplement the underlying claim file in a bad faith litigation. The insurer sought to add approximately 60 pages of documents from the insured’s primary… more

European Commission Publishes Summary of FinTech Consultation

In March 2017, the European Commission published a consultation paper on FinTech, seeking input from stakeholders which could assist the European Commission’s policy approach towards technological innovation in the financial… more

Referral Sources Can Be A Protectable Interest Under Florida Law

In Florida, non-competition and other restrictive covenant agreements are enforceable to the extent they are tailored to protect a legitimate business interest. On September 14, 2017, the Florida Supreme Court held that a company’s… more

Agencies to Propose Amending CRA Regulations to Conform to HMDA Regulation Changes, and Remove References to the Neighborhood Stabilization Program

On September 13, 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly released proposed changes to each agency’s Community… more

Healthcare & Life Sciences Private Equity Deal Tracker: Bain Capital-Backed Navicure Merges With ZirMed

Navicure and ZirMed have announced the two companies are merging. Navicure, based Duluth, Ga., is a provider of cloud-based medical claims management and patient payment solutions. Bain Capital Private Equity acquired a majority… more

11th Circuit: Rights Of Breastfeeding Employees Protected By Federal Law

On September 7, 2017, the Eleventh Circuit in Hicks v. City of Tuscaloosa, 16-13003 held that breastfeeding is covered under the Pregnancy Discrimination Act (“PDA”). In Hicks, the doctor for a police officer with the Tuscaloosa… more

EPA Announces Updates to Pesticide Label Review Manual

On September 19, 2017, the U.S. Environmental Protection Agency (EPA) announced an update to Chapters 15 and 16 of the Office of Pesticide Programs’ (OPP) Label Review Manual. Updates to Chapter 15: Company Name and Address… more

Recent Warning Letters from FDA about Medical Devices: Investigational Device Exemptions and Lack of Marketing Authorization are the Focus

Over the past several months, the Food and Drug Administration (FDA) has issued several Warning Letters related to Investigational Device Exemption (IDE) requirements and misbranding. An IDE allows an investigational device to be used… more

United States ex rel Campie v. Gilead Sciences: Ninth Circuit Revives FCA Suit Despite Escobar’s “Demanding and Rigorous” Materiality Standard

The United States Court of Appeals for the Ninth Circuit unanimously reversed dismissal of a False Claims Act Complaint in United States ex rel. Campie v. Gilead Sciences. The most notable aspect of the case is that the panel revived… more

[Audio]Hsu Untied interview with Charlie Verhoeven, Partner at Quinn Emanuel

Today, my guest is Charlie Verhoeven, a Partner at Quinn Emanuel who is head of its Northern California offices and Co-Chair of the firm’s National Intellectual Property Litigation Practice. Charlie has won billion dollar defense… more

Looking Ahead to the 2018 Proxy Season: Preparing for CEO Pay Ratio Rules Disclosure Requirements

As part of the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted in July 2010, Congress directed the Securities and Exchange Commission (SEC) to adopt pay ratio disclosure requiring public companies to disclose the… more

Net-Metering/Arkansas Public Service Commission: Joint Report/Recommendations of Working Group Filed

A Joint Report and Recommendations of the Net-Metering Working Group (“Report”) was filed before the Arkansas Public Service Commission (“PSC”) on September 15th. See In the Matter of Net-Metering and the Implementation of Act 827 of… more

IHOP Restaurants Sued by EEOC For Sexual Harassment

Conduct Included Simulated Sex Acts, Solicitations for Sex, and Physical Threats, Federal Agency Charges - ST. LOUIS - Two related International House of Pancakes (IHOP) franchises violated federal law when the male general manager… more

Health Care Weekly Preview from ML Strategies – September 2017 #2

Welcome back everybody. The House is out this week and the Senate is out Thursday and Friday with a lot to sort out before they skip town. Graham-Cassidy has people on edge because, if nothing else, it is still alive. The prognosis for… more

5 Action Items from the #LMASE17 Conference to Make an Immediate Impact at Your Law Firm

A recap of the 2017 LMA Southeast Conference, with actionable takeaways for marketers and BD teams, from Jennifer Simpson Carr, Business Development Manager at Lowenstein Sandler… more

Florida Development Permits Eligible for Extension Due to Hurricane Irma

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to complete… more

EU State Aid Enforcement: What Multinationals Need to Know

In recent years, the European Commission (EC) has been actively enforcing European Union state aid violations, an area of law that is unique to Europe but has wide-ranging implications for multinationals with investments in the EU… more

Vedder Price Business Immigration Alert - September 2017

1. September 18, 2017: Employers Must Use New I-9 Form. As you may recall, the U.S. Citizenship and Immigration Services (“USCIS”) recently released yet another revised version (edition 07/17/17) of Form I-9, Employment Eligibility… more

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s… more

Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult

A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators, servicers… more

Proposed Massachusetts Tax Regulations for Online Vendors Effective October 1, 2017

In response to public comments issued on September 8, 2017 that won’t be published in the Massachusetts Register until September 22, 2017, the Massachusetts Department of Revenue (“DOR”) will require online vendors to collect… more

EEOC Sues S&C Electric Co. for Age and Disability Discrimination

Employer Fired Employee After 52 Years of Service Rather Than Returning Him From Medical Leave, Federal Agency Charges - CHICAGO - S&C Electric Co. in Chicago unlawfully fired an employee on the bases of age and disability, the… more

Phase One Of Grubhub Trial Ends; Waiting Game Begins

The evidentiary phase of the Grubhub misclassification trial ended last week; now the gig economy world waits with baited breath for a final ruling. For those unfamiliar with the situation, this could be the first time the common… more

Asset Management Regulatory Roundup - September 2017 - Issue 6

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on Brexit: Impact on cross-border financial services contracts; cryptocurrency: initial coin… more

Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds

Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action against… more

December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act (“DMCA”), also… more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that departed from… more

EU & Competition Law Update – September 2017

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European Parliament. At the same… more

SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s Advertising Rule… more

Potential regulatory and transactional impacts for financial institutions

On 29 March 2017 the UK Government triggered Article 50 of the Treaty on European Union, giving notice to European Council of the EU of its intention to leave the EU and triggering a two year period of withdrawal negotiations… more

Investment Services Regulatory Update - September 2017

Market and Product Developments - Securities Industry Implements T+2 Settlement Cycle - On September 5, 2017, the securities industry transitioned to a shorter settlement cycle for most broker-dealer securities transactions… more

New Wave of Climate Change Related Litigation Focuses on Industry

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the rest of the… more

Updates to Energy Related Bills in the 2017-2018

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving bills… more

Council on Environmental Quality Releases Initial List of Actions to Streamline NEPA Reviews

Last week, the Council on Environmental Quality (CEQ) released an initial list of actions to implement Executive Order 13807, which was intended to streamline the federal review of major projects under the National Environmental Policy… more

Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache

In 2016, the U.S. Supreme Court issued a decision in the case of Halo Electronics, Inc. v. Pulse Electronics, Inc. making it easier for courts to find willful infringement in patent cases and award enhanced damages. Prior to Halo… more

EEOC Sues Malcolm S. Gerald & Associates for Sexual Orientation Discrimination

Collection Company Subjected Employee to Repeated Harassment Based on His Sexual Orientation, Federal Agency Alleges - CHICAGO - Collection agency Malcolm S. Gerald & Associates violated federal law by subjecting an employee to… more

The IP Cons of Fan Conventions

Pop culture fan conventions are huge in the new millennium. “Cons,” as they are often called, have sprung up all over the country and grown into a massive cultural phenomenon. There are Cons for comics, movie and television… more

Department of Labor Releases New Pregnancy Discrimination Poster

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017. In that post, I mentioned a new notice that was required to comply with the law… more

Beijing-Based Cryptocurrency Trading Exchanges Told to Announce Trading Halt

Under the impact of the Chinese government’s recent formal notices of halting ICOs, Notice 99 and Joint Notice released on September 2, 2017 and September 4, 2017 respectively, Beijing authorities have taken further actions and held… more

Australia Proposes Modern Slavery Reporting Requirements for Multinationals – An Overview and Comparison to Existing Corporate Modern Slavery Disclosure Legislation

The Australian Government has released a consultation paper proposing the adoption of legislation that would require many multinationals operating in Australia to publicly report on modern slavery risk in their business and supply… more

Ocwen Predictably Reaches High-Dollar TCPA Settlement Following Class-wide Preliminary Injunction

By the time the gavel struck back on June 26, 2017, another high-dollar TCPA settlement was inevitable. On that date, Judge Matthew F. Kennelly of the Northern District of Illinois entered an order preliminarily certifying a TCPA class… more

UK publishes Data Protection Bill

On Thursday 14 September 2017, the UK published its new Data Protection Bill. It comes with much fanfare that it will underpin a world class privacy regime for the UK, give individuals more control over their data, support business and… more

I Owe Joint Taxes with My Spouse: What Do You Do? Innocent Spouse Relief (Part 8)

Married couples may file a joint federal income tax return together, reporting their joint income and expenses. The benefit of a joint return is that the overall tax rate may often be lower. However, if a joint return is filed, each of… more

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At Constangy, Brooks, Smith & Prophete, LLP, workplace law is all we do—but we’re not your typical law firm. We are a preeminent firm for labor and employment law in the U.S. Our clients tell us…

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