Latest Updates

Paid Leave Wars: The Battles Intensify

Mandatory paid leave is making some employers sick. With no national standard, states and cities are rolling out paid leave mandates at a dizzying pace. This presents daunting compliance challenges for employers with employees in… more

New York's New Paid Family Leave Law: FAQs

New York’s Paid Family Leave Benefits Law (the “NYPFL Law”), the most comprehensive paid family leave program in the nation, goes into effect January 1, 2018. Starting on that date, employees will be eligible for up to eight (8) weeks… more

Hull Speed, Codgers, and Pre-Existing Conditions: What Does the Senate Bill Do?

Many other things being equal, the longer the sail boat, the faster it can go before its bow wave defeats further speed increase. However, as any boat approaches its “hull speed,” an increasing amount of energy is required to add each… more

FDA: Still in Action on Food Safety Violations

Vigorous food safety enforcement for basic violations continues under the leadership of new FDA Commissioner, Dr. Scott Gottlieb. On June 20, on the heels of an adverse FDA inspection, FDA announced that the U.S. Marshals Service had… more

Qatar – Sanctions and Restrictions: Key Developments

Readers may be aware that a number of countries, including Saudi Arabia, Egypt and Bahrain, have recently severed diplomatic and economic ties with Qatar. Saudi Arabia has now, via Kuwait which is acting as a mediator, presented a… more

News from Second & State

Weekly Wrap - Today marks just one week until the June 30 budget deadline. Seven days. A mere 168 hours to finish hashing out an over $30 billion state spending plan to carry us through the next fiscal year. While we still don’t… more

How (And Why) to Personalize Your Lawyer-Client Connections

Getting to know the personal interests, concerns, and desires of the people for whom you do legal work is essential… more

Budding Opportunities – Insuring Medical Marijuana Licensees In An Uncertain World

?The medical marijuana industry took a big step forward on June 20, 2017 when Pennsylvania’s Department of Health awarded 12 grower/processor permits. Of the 457 total applicants, the Department plans to award the remaining permits by… more

Interior Department Announces Regulatory Reform Comment Opportunity

In a June 22, 2017 Federal Register notice, the Department of Interior (DOI) became the most recent federal department or agency to initiate a comment cycle to solicit public input on regulations that should be repealed, replaced, or… more

Where Do the Supreme Court’s Civil Cases Originate (Part 2)?

Yesterday, we began our year-by-year review of where the Court’s civil cases have originated since 1994. By doing so, we can see trends in the administrative and executive agencies where the Court’s cases come from. Last time, we… more

Update: President Trump's Revised Executive Order on Travel Ban Remains Blocked

On June 12, 2017, the Ninth Circuit issued its ruling in Hawaii v. Trump, upholding the majority of the district court's preliminary injunction prohibiting the government from implementing the "travel ban" and refugee cap provisions… more

Overriding Interest

Welcome to the latest edition of Overriding Interest. Inside this issue: - The UK Government Proposes Innovative Transparency Requirements for Overseas Owners and Buyers of UK Property - Mees Update - Announcements, New Joiners… more

Blink and You'll Miss It - NSW Defect Bond Scheme Postponed and Email Service Gets the Green Light under the NSW SOP Act

The NSW Parliament has today passed the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 (the Bill). The Bill has broad reaching implications for many participants in the building and construction… more

Power Outage Shows Unique Risks for Airport Cybersecurity

On May 27, 2017, thousands of British Airways passengers across the globe were stranded when a simple power failure took down critical systems, including those used to check in passengers. As images of crowded terminals and angry… more

HHS Subjects Human Research to an Updated Common Rule

The Department of Health and Human Services has taken a step toward harmonizing the complex regulatory requirements for federal human subjects research. Our Health Care Group breaks down the changes to the Common Rule due to take… more

It’s SUMMER! Top 4 Ways Employers Can Get Burned

We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. Sexist air conditioning. It seems like a long time since we’ve read anything about… more

Small Business Payment For Performance Act Unanimously Leaves Committee – Will SBC Construction Contractors Be Able To Reduce Their Financial Exposure?

Currently pending in the House of Representatives is H.R. 2594, the “Small Business Payment for Performance Act of 2017” (the “Bill”). This Bill unanimously passed the House Committee on Small Business earlier today. While not yet a… more

Health Care Reform Behind Closed Doors

Behind closed doors, Senate aides work furiously on a piece of legislation that will potentially define the trajectory of health care for the next generation of Americans. Despite its potential impact on millions of Americans and the… more

Supreme Court Declares First Amendment Interest in Access to Social Networks

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of his primary… more

‘Trust Me, You'll Love It': Caveat Emptor in Real Estate Transactions

Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the property… more

Your New ®Ight To Disparage – A Look Inside “The Slants” Lanham Act Decision

The Federal trademark statute’s more-than-60-year prohibition on registering trademarks that may be viewed as disparaging goes out the window with the United States Supreme Court’s recent unanimous decision. The Court ruled that the… more

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would lead to price… more

Appellate Court Notes

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident case for… more

Uber’s CEO Is Forced Out

Have you ever felt powerless in your job? Felt that there was no way you could have impact on the corporate environment? Well, recent events have shown how the catalyst theory is alive and well in corporate America… more

[Video]Autonomous Cars -- The Future is Here

How far away are we from making the transition to self-driving cars? Car accident attorney Brian R. Denney at Searcy Denney explains that the future is here, and it is here now! At cities throughout the country, there are fleets of… more

FBAR Penalties Now Adjusted for Inflation: Abatement/Mitigation Still Possible

If you haven’t filed your Report of Foreign Bank and Financial Accounts (FBARs) on a timely basis, you could be at risk of a higher civil penalty assessment. Inflation-adjusted FBAR penalties are now in effect… more

ISO Standard Describes Aerosol Generation for Air Exposure Studies of Nano-Objects and Their Aggregates and Agglomerates

The International Organization for Standardization (ISO) recently published standard ISO/TR 19601:2017, “Nanotechnologies — Aerosol generation for air exposure studies of nano-objects and their aggregates and agglomerates (NOAA).” ISO… more

Get Ready for “On The Motion to Amend the Amendment of the Amendment of the Amendment …”

The “Discussion Draft” released June 22, 2017 by the Senate Budget Committee carries the House Bill number (H.R. 1628) of the American Health Care Act, and kills taxes like the House bill, but there are major differences, too. At 142… more

Are You Ready for AB 72?

To protect patients from receiving an unexpected surprise bill when they seek care at in-network facilities from out-of-network providers, Governor Brown signed AB 72: California’s surprise out-of-network law. The new law limits the… more

The State AG Report Weekly Update

Charities- New York Attorney General Reaches Settlement with Breast Cancer Charity over Fraud Allegations- New York AG Eric Schneiderman reached a settlement with the Breast Cancer Survivors Foundation, Inc. (“BCSF”) and its… more

ABCs of Distribution to Grocery

At Farm to Label, I presented a panel called “ABCs of Distribution to Grocery” with Brittany Sienia, Trade Analyst at Tillamook, Chris Tjersland, Partner Brands Development Manager at New Seasons and Ray VanWetten, Vice President-PNW… more

Customers Sue Darden Restaurants Over Information on Receipts

A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, the plaintiffs alleged that Darden, which… more

What Is All The Hype About More Ethane Crackers Coming To The Marcellus Shale Play?

It is widely rumored that the Marcellus Shale Play can support a total of 3 ethane crackers. The math goes like this: By 2026-2030, an additional 267,000 barrels per day (b/d) of ethane could be available for use as a… more

Exhaustion and the “Right to Repair”: Ownership Rights after Impression Products, Inc. v. Lexmark Intern., Inc.

Hailed by some as the “right to repair”, on May 30, 2017, the Supreme Court ruled that a seller’s patent rights are not valid beyond the first sale of the patented product. Impression Products, Inc. v. Lexmark Intern., Inc. 137 S. Ct… more

US Companies Create Principles for Cybersecurity Risk Ratings

On June 20, 2017, the U.S. Chamber of Commerce announced that a consortium of more than two dozen chamber member companies, including prominent big banks, big-box retailers, and technology giants released a set of principles designed… more

Supreme Court Cuts Back Patent Owners’ Post-Sale Rights

Patent owners can no longer restrict the use of their patented products after the products are sold. Under the doctrine of patent exhaustion, a patent owner’s rights are “exhausted” once the patent owner sells the product. In… more

Advertiser Fined By FCC For Use Of Emergency Tones in Football Ads

The FCC entered into a settlement late last month with TEGNA, Inc. (“TEGNA”) for $55,000. The case erupted after TEGNA used Emergency Alert System (“EAS”) tones in its television ad promoting the Jacksonville Jaguars NFL team. The… more

CPSC Requests Feedback to Reduce Compliance Burdens

Have ideas to lighten the load for complying with consumer product safety regulations? The Consumer Product Safety Commission (“CPSC” or “Commission”) wants to hear about them. The Commission has asked for comments and suggestions for… more

In a Series of Personal-Jurisdiction Cases, the Supreme Court Gives Businesses Tools Against Forum Shopping

The 2016–2017 U.S. Supreme Court term will be remembered for decisions on splashier subjects, but for the business community, the personal-jurisdiction decisions in BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior… more

Slanting Toward The End Of The Commercial Speech Doctrine

Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be. The case involved Simon Tam’s band “The Slants,”… more

Changes to the Shareholders’ Rights Directive

The Council of the EU adopted several changes to the Shareholders’ Rights Directive of 2007. The changes are relevant to listed companies in the EU. The changes are aimed at encouraging shareholder engagement, in particular in the… more

The Draft 2018 ESL is out for Public Comment — FCC Seeks Comment on Category One Funding for Certain Equipment and Wiring

The FCC’s Wireline Competition Bureau just released the draft eligible services list (“ESL”) for E-rate funding to be used to determine the eligibility of services and equipment for the 2018-2019 funding year, which will start on July… more

Could Your Website Be Collecting Information from Kids? Federal Trade Commission Issues 6-Step Plan for Complying with the Children’s Online Privacy Protection Act

This month, the Federal Trade Commission (FTC) issued guidance for businesses operating websites and online services looking to comply with the Children’s Online Privacy Protection Act (“COPPA”). COPPA addresses the collection of… more

Congressional Committees Advance Bipartisan FDA User Fee Agreements

On May 11 and June 7, the Senate HELP Committee and House Energy and Commerce Committee, respectively, both advanced bipartisan legislation to reauthorize four different user fee agreements that account for over a quarter of the FDA's… more

A quick guide to asset protection for pension schemes

What protection is available for pension scheme assets in the event of provider failure such as negligence, fraud or insolvency, or the failure of the other parties involved in an investment? This question is particularly important… more

Supreme Court Decides Maslenjak v. United States, No. 16-309.

On June 22, 2017 the U.S. Supreme Court decided Maslenjak v. United States, holding that to revoke naturalized citizenship based on a crime committed in the naturalization process, the government must show that the crime had a causal… more

Applicable Federal Rates - July 2017

Please see full charts below for more information… more

The Latest East Coast/West Coast Conflict: Massachusetts Courts Consider the Application of California Law in Non-Compete Litigation

Hearkening back to the rivalry between the Boston Celtics and Los Angeles Lakers in the 1980s, Massachusetts courts (as well as others around the country) have increasingly been asked to analyze the application of California law in… more

Tectonic Shift Affecting Enforcement of Noncompetition Agreements Emanates from the 2017 Nevada Legislative Session and Passage of AB 276

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent shockwaves… more

Indiana Reverses Course on Telemedicine Prescribing and Controlled Substances Laws

Indiana has taken another step towards expanding the meaningful use of telemedicine in connection with clinical services and prescribing. HB 1337, signed by Governor Eric Holcomb and effective July 1, 2017, will allow providers to… more

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