Latest Updates

ALJ Finds Violation in Mobile Device Holders Investigation

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count toward the… more

2017 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover year-end… more

CFIUS, POTUS Block Chinese Acquisition of U.S. Semi-conductor Maker

More Acquisitions May Be Blocked in the Future - Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon Bridge Fund… more

Consider Whether the Promise of a Bird in the Hand is Better Than Two in the Bush

When drafting settlement agreements, most lawyers give due attention to the scope of any release clause. And for good reason: for defendants, the extent to which the release protects against future litigation is critical, and for… more

TPP-11 Moving Forward

Steven Okun, Governor and Chair of the TPP Task Force of the American Chamber of Commerce in Singapore ("AmCham") and Senior Advisor to McLarty Associates, discusses with Jones Day partner Darren Murphy the progress of the TPP… more

IRS Eliminates Signatures on Section 754 Elections, Offering Tax Regulatory Reform Preview (and its Complexity?)

In a notice of proposed rulemaking issued on October 11, 2017 (the “NPRM”), the U.S. Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) proposed an amendment to existing regulations (the “Proposed… more

SEC Proposes Amendments to Modernize and Simplify Regulation S-K

On October 11, 2017, the U.S. Securities and Exchange Commission (SEC) voted to adopt proposed amendments to Regulation S-K that are intended to modernize and simplify certain disclosure requirements and related rules and forms. Below… more

Breaking: Republican Commissioner Mohorovic Departing the CPSC; Acting Chairman Buerkle Now Sole Republican in 3-1 Democratic Majority at CPSC

This morning at the CPSC’s public hearing Commissioner Joe Mohorovic announced that he would be resigning from his position as a Commissioner, effective Friday, October 20th. Mohorovic announced that he would be joining the law firm… more

Dealing with Competing Class Actions, Part Two – Venue Transfer and MDL Consolidation

Part two of our series on competing class actions will address strategies intended to “corral” multiple cases: venue transfer under the federal forum non conveniens statute, and seeking multidistrict litigation (MDL) consolidation… more

California Expands Harassment Training Requirements

On October 15, 2017, Governor Brown signed Senate Bill (SB) 396 into law. California employers with 50 or more employees currently must provide two hours of sexual harassment training for supervisors every two years. This legislation… more

SEC Charges Rio Tinto, Executives With Fraud

The Commission charged mining giant Rio Tinto Plc, its subsidiary Rio Tinto Limited, and two of its executives, former CEO Thomas Albanese and former CFO Guy Elliott, with fraud. The case centers on the acquisition of a coal property… more

Canadian Securities Administrators and stock exchanges provide guidance on reporting issuers with US cannabis activities

On October 16, 2017, the Canadian Securities Administrators (the CSA) published CSA Staff Notice 51-352 Issuers with Marijuana-Related Activities (the CSA Notice) clarifying the CSA's disclosure expectations for issuers carrying on… more

Money Talks

Determining the Proper Average Weekly Wage Calculations to Use - This claim arose from an occupational shoulder injury claim made by a violist in December of 2013. The claim was accepted and the only contested issue was the proper… more

Federal Circuit Clarifies Petitioner in AIA Reviews has Burden to Prove Unpatentability for Amended Claims

On October 4, 2017, the Federal Circuit provided some relief to patent owners by holding that petitioners seeking to cancel patent claims through inter partes review proceedings (“IPRs”) under the Leahy-Smith America Invents Act… more

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S. courts… more

The Future is Freelance

Yesterday, Upwork and the Freelancers Union published the results of Freelancing in America: 2017, a comprehensive annual measure of the U.S. independent workforce. The report’s findings are wide-ranging, from the number of people who… more

Looking Ahead: Election Season 2018

In 2018, Tennesseans will take to the ballot box to elect a new U.S. senator, three new members of the U.S. House of Representatives, a new governor, at least five new state senators and over a dozen new state representatives. Although… more

Cam Newton’s Slip of the Tongue Is a Timely Lesson on Discrimination in the Workplace

Carolina Panthers Quarterback Cam Newton got a swift lesson in workplace civility recently, and we can all learn from the experience. When sportswriter Jourdan Rodrigue asked Newton a question about the routes, or patterns, run by one… more

Court Compels Discovery, Awards Sanctions In Dispute Over Whether Reinsurance Arbitration Clause Applies

In 2011, Top’s Personnel entered into a reinsurance agreement with Applied Underwriters Captive Risk Assurance Company (“AUCRA”), and several years later executed a promissory note (“the Note”) in favor of a related entity, Applied… more

Banking agencies identify key HMDA data fields

The federal banking agencies have issued guidance to financial institutions on the key data fields under the revised Home Mortgage Disclosure Act (HMDA) rules that will be used to test and validate the accuracy and reliability of the… more

The Health Care Executive Order and Its Effect on Employee Benefit Options

In a development with potentially far-reaching ramifications, on October 12, 2017, the President signed Executive Order No. 13813 expressing an executive policy of facilitating, “to the extent consistent with law”, the purchase of… more

Does the PDA Protect Nursing Mothers From Workplace Bias? 11th Circuit Says Yes

Does Title VII of the Civil Rights Act of 1964’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court—the Eleventh Circuit Courts of Appeals—recently gave a… more

New Handbooks Will Clarify Market Abuse Regulation Policies in Italy

The Italian Securities Commission (CONSOB) has approved two handbooks, “Management of Inside Information” and “Investment Reccomendations,” which offer guidelines under Market Abuse Regulation no. 596/2014 (MAR) and delegated acts… more

A valid marriage is required to file a Joint Return. What is a valid marriage?

Assuming that you have a valid marriage for federal income tax purposes, as defined in “Section 301.7701-18(b) (1) of the Procedure and Administration Regulations that a marriage of two individuals is recognized for federal tax… more

Ajemian v. Yahoo: One Small Step For The Family, One Giant Step For Fiduciaries

Yahoo! On October 16, 2017, the Massachusetts Supreme Judicial Court issued its long-awaited decision in Ajemian v. Yahoo!, Inc. (“Yahoo”), http://bit.ly/2zuW1T9, interpreting the federal Stored Communications Act (the “SCA”) to allow… more

The SEC Wants To Know What’s Next For Blockchain: Are You Keeping Up?

On October 12, 2017, the United States Securities and Exchange Commission’s Investor Advisory Committee met to discuss Blockchain technology and its impact on the securities industry… more

California AG Thirsty for Action Against Gatorade

The Gatorade Company violated state law by urging players of its advergame to ditch water for the sports drink, California’s attorney general alleged in an action against the company… more

Florida’s Minimum Wage to Increase on January 1, 2018

Florida voters approved a constitutional amendment that created Florida’s minimum wage in November of 2004. The minimum wage applies to all employees in the state covered by the federal minimum wage… more

Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper Networks… more

EU Digital Single Market Update – Online Platforms and Illegal Content

As part of its Digital Single Market strategy, the European Commission has identified the issue of combatting illegal content online as a key challenge for online platforms. It has now released guidance to online platforms containing a… more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium built on land… more

CFPB further updates HMDA Rule guidance materials

The CFPB recently posted on its website updated versions of guidance in connection with the revisions to the Home Mortgage Disclosure Act (HMDA) rules that become effective on January 1, 2018, and also posted a new guidance item… more

How to Answer Employee Questions About a Co-Worker's ADA Accommodations

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with medical disabilities. The ADA also prohibits employers from disclosing information about an employee’s medical condition… more

[Video]Day 13 of One Month to More Effective Compliance for Business Ventures-Compliance Terms and Conditions in Joint Venture Agreements

Numerous US companies have come to FCPA grief for their overseas joint ventures and the continue to be a bane for many companies under the Act. There are some basic compliance terms and conditions which should be considered for any… more

Exclusive: New Statistics from CHRO Show Drop in Discrimination Claims

Through a recent FOI request, I was able to take a peek at the latest case statistics coming out of the Commission on Human Rights and Opportunities. (The CHRO has since added them to the website as well.)… more

Client Alert: Administrator Pruitt Issues a Directive to Eliminate “Sue and Settle” Agreements in Environmental Regulation

On October 16, 2017, Administrator Pruitt issued a directive and accompanied memorandum that would eliminate “Sue and Settle” agreements that have been used during the past administration to influence U.S. EPA’s regulations. Sue and… more

Culture and conduct through the lens of the UK’s Senior Managers and Certification Regime

Speaking on 20 September 2017, Jonathan Davidson—Director of Supervision for Retail and Authorisations at the Financial Conduct Authority (“FCA”)—addressed the issue of culture and conduct in financial services, in light of the… more

CFPB Denied Restitutionary Relief in False Advertising Lawsuit Against Mortgage Services Company

In a Consumer Financial Protection Bureau (“CFPB”) action against a mortgage services company, its subsidiary, and its founder, a California district judged denied an award of $73.9 million in restitutionary relief, and imposed a civil… more

Drone hits commercial plane on final approach into Canadian airport

On October 12, 2017, a Skyjet flight, on its final approach into Québec City, was struck by a drone. This aviation incident marked the first commercial aircraft strike by a drone in Canada. No one onboard suffered any injuries, and… more

Groundbreaking—IRS makes things complicated

Employers who adhere to certain IRS guidelines may face much lower indemnity payments for employees who traveled for work pre-injury - Myres v. Strom Aviation, Inc. (16-558) - In companies where employees regularly travel away… more

No Notice: How Unnotified Creditors Can Violate a Discharge Injunction

Here is the scenario: You are a creditor. You hold clear evidence of a debt that is not disputed by the borrower, an individual. That evidence of debt could be in the form of a note, credit agreement or simply an invoice. You… more

Las Vegas’ Airport And The Lawyer Who Went “All In” For His Client

Passengers flying to Las Vegas arrive at the McCarran International Airport. Having spent my youth in Las Vegas, I have many memories of going to the airport to greet arriving family or to fly East for school. Then, there was no… more

Kitty Hawk NC offshore wind lease signed

U.S. ocean energy managers have leased a 122,405-acre site offshore North Carolina to a company for offshore wind development. The U.S. Bureau of Ocean Energy Management's lease to Avangrid Renewables, LLC will enable the company to… more

CAS Legal Mailbag Question of the Week – October, 2017 #3

Dear Legal Mailbag: I tried to get a police dog into my school on the morning of an overnight, out-of-state field trip so that the dog could sniff student luggage before putting the bags on the buses. I felt the need to do this… more

Building Your Founding Team—Is There a Magic Number?

During our recent webinar on seed fundraising, questions were raised on the ideal size of a company’s founding team and if there was a magic number that may be more attractive to investors. Jere Doyle, Managing Director of Sigma Prime… more

The Continuing Support for Dual-Class Stock by Companies and Investors

The reported demise of dual-class stock appears to be, to paraphrase Mark Twain, "greatly exaggerated." The end of dual-class stock was predicted following the decisions this summer by the major indices, including FTSE Russell (who… more

Does getaroom Make U Want 2 BookaRoom?

A tv commercial for yet another hotel booking website just caught my eye, called getaroom..… more

Capital Markets & Public Companies Quarterly: Capital Formation, Dividend Notice and Pay Ratio Q3 Updates

During the previous quarter, the SEC confirmed that CEO pay ratio disclosure will go into effect as scheduled for the 2018 proxy season. They further announced a new policy permitting qualifying issuers to submit draft registration… more

Limiting Your Exposure and Visibility

We spend so much time on our mobile phones and on social media, yet often we don’t think of how these tools are broadcasting our lives as we work and play. With just a few steps, you can limit what you are digitally telling the world… more

CFPB provides update on HMDA platform

In August 2017, we reported that the CFPB had given the mortgage industry a first look at the Internet-based platform it is developing for industry members to use to submit data under the Home Mortgage Disclosure Act (HMDA)… more

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