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

Latest Updates

Can privileged settlement negotiations be used to prove a hostile work environment?

In Shaw Communications Inc. and Unifor, Local M1, Re, 2016 CarswellNat 4032 (Saunders), a dispute arose following an employee’s allegation of harassment against a coworker. The employee filed a harassment complaint, and then remained…more

Rating Agency Developments

On September 19, 2016, Moody’s issued a report entitled: Special Assessment / Special Property Tax (Non-Ad Valorem) Debt. Report. On September 15, 2016, Fitch issued a report entitled: Fitch Publishes Updated Insurance Ratings…more

New Arbitration Protections for CA Employees

California’s legislature has passed two new statutes that increase the protections for employees arbitrating workplace disputes. SB 1007, which passed on September 1, 2016, gives any party to arbitration proceedings “the right to…more

Court Rejects Takings Challenge to City’s Imposition of $600,000 in Fees for 11-Unit Infill Project

On September 23, 2016, the Court of Appeal for the Second Appellate District affirmed a trial court decision denying a petition for writ of mandate filed by a developer challenging various fees—totaling nearly $600,000—in connection…more

I Can’t Ask That? - Taking a Closer Look at Citizenship and National Origin Discrimination

When seeking a qualified candidate for an open position, Human Resources professionals are aware that it is generally impermissible to inquire about or consider an applicant’s race, sex, religion, or disability during the interview and…more

Seven Communication Truths from the Courtroom

I recently had the opportunity to perform my civic duty as a juror. While the timing was inconvenient and the case not all that interesting, the experience provided a great perspective on the dramatic impact of strong communication and…more

Key considerations for representation and warranty insurance

The allocation of risk through representations and warranties and the accompanying indemnification obligations is a primary source of contention in almost every private merger and acquisition transaction. Buyers aim to negotiate an…more

SEC Chair Mary Jo White – FCPA Enforcement Remains a Top Priority in the Increasingly Interconnected Global Marketplace

On September 21, 2016, Mary Jo White, Chair of the U.S. Securities and Exchange Commission (SEC) spoke at a Legal Practice Division Luncheon at the International Bar Association Annual Conference. She discussed the complexities of…more

CFPB participates in FTC workshop on disclosure

The FTC recently held a workshop, “Putting Disclosures to the Test,” to explore the question of what should be done to make disclosures effective.  The workshop included reports on numerous studies related to consumer understanding of…more

Federal ALJ Says NLRA Also Protects Employee Social Media Use from Union Interference

Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this month, a…more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the U.S…more

Dialing for Dollars Yields Conviction for Home Health Telemarketer

Sundae Williams, the owner of Serenity Marketing Inc., made unsolicited phone calls to recruit patients, including Medicare beneficiaries, for contracted home health agencies. Williams and Serenity then referred those patients to the…more

Considering E-Discovery in Cloud Contracts

Earlier this year, I predicted that 2016 would be a year of increased focus on e-discovery from cloud-based sources and postulated that many organizations would demand better e-discovery solutions and increased cooperation from cloud…more

Federal Automated Vehicles Policy: 6 Key Issues for the Automotive Supply Chain

The U.S. Department of Transportation (“DOT”) and the National Highway Traffic Safety Administration (“NHTSA”) last week finally issued the long-awaited Federal Automated Vehicles Policy (the “HAV policy”). The HAV policy, which…more

The New Jersey Appellate Division Confirms that TCCWNA Applies Only to “Consumers”

In the wake of a flood of consumer class-action lawsuits under the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”), the New Jersey Appellate Division recently put the brakes on plaintiffs’ lawyers in at least…more

3D Printing: What it Means To Manufacturers Who Want To Sell Replacement Parts in a Digital Ecosystem

Among the next generation of 3D printing patents that will soon expire are key patents for metal-based printing processes. The patents’ expiration will almost certainly result in significant price reductions for 3D printers in the…more

Getting Your Act Together – B.C. & Alberta Triennial Pension Assessments

In November 2008, the Alberta/British Columbia Joint Expert Panel on Pension Standards (JEPPS) released its report on pension standards in the two provinces. The report, Getting Our Acts Together, encouraged the two provincial…more

U.S. Fish and Wildlife Service and National Marine Fisheries Service Revise Endangered Species Act Petition Process

On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule that revises the regulations governing the Endangered Species Act’s (ESA) petition process. According to…more

Parole for Entrepreneurs

At MintzEdge, we are already thinking about how a recent immigration law development may help our clients grow their ventures. The United States Citizenship and Immigration Services (USCIS) recently announced a new rule for…more

Week in Review: How the Causes of Action Asserted Impact Which Defendants Face Certification

This week we consider a decision that illustrates how the suitability—or unsuitability—of certain causes of action for certification can render certain defendants more susceptible to class actions than others, as well as a state…more

Out-of-State Taxpayers Can Reduce Pennsylvania Franchise Tax Under Wynne; Conduct Manufacturing? Your Franchise Tax Should Be Zero

The Pennsylvania franchise tax has finally expired: 2015 is the last year that taxpayers are required to report and pay it. Because the tax rate has decreased over time, it can be little more than a nuisance for many out-of-state…more

Crash into Me? Not If You Want to Sue Me for Unfair Trade Practices

Does N.C. Gen. Stat. § 75-1.1 allow a lawsuit by a remote user of a product—a user who had no involvement in buying the product? A federal court in North Carolina recently answered no. An unusual fact pattern for a 75-1.1 case…more

FDA Holding its First Public Meeting on Drug Product Identification Requirements in October

Last week FDA published a notice of public meeting and a request for comments regarding certain aspects of the Drug Supply Chain Security Act (DSCSA). The meeting will take place on October 14, 2016 at the Agency’s campus in White…more

Antitrust-Related Recent Developments: Merger Agreement Efforts Subject of Litigation

In a recent action raising the issue of the nature of a merger party’s obligation to take steps necessary to clear antitrust regulatory hurdles “as promptly as reasonably practicable,” Alere, Inc. sued Abbott Laboratories in Delaware…more

September 2016 Special Immigration Alert

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4, 2016, at 12:00…more

EEOC Issues Updated, Expansive Guidance on Retaliation Claims

Claims against a business by an employee or former employee for retaliation under Title VII or other fair employment practices statutes enforced by the EEOC are common and dangerous. In announcing the EEOC’s newly released final…more

Employer Wins Dreadlocks Deadlock: Three Things To Know About Latest Court Decision

A federal appeals court recently ruled that a woman rejected from a job because she refused to cut her dreadlocks could not proceed with a race discrimination claim against the employer. The decision highlights the distinction between…more

Tridim Innovations LLC v. Amazon.com, Inc. (N.D. Cal. 2016)

"Computer Display System" Patent Found Invalid under § 101 - Tridim Innovations LLC sued Amazon.com, Inc. for patent infringement of U.S. Patent Nos. 5,838,326 and 5,847,709 in the U.S. District Court for the Northern District of…more

Apotex Prevails in Neulasta Biosimilar Litigation, Files for Cert on 180-Day Issue

Among the first generation of biosimilar litigation under the Biologics Price Competition and Innovation Act (BPCIA) is a dispute between Amgen and Apotex over Apotex’s proposed biosimilar versions of Amgen’s Neupogen (filgrastim) and…more

FCC Considering Changes to the E-rate Program to Help Close the Homework Gap

The FCC released a Public Notice seeking comments on two petitions requesting rule changes to permit off-campus use of E-rate funded networks without a reduction in E-rate funding. Under the current E-rate program, schools and…more

Representative Offices or Foreign companies in the UAE

The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and stipulates that they may be 100% foreign owned provided that a local service agent is…more

Challenges Filed to DOL Overtime Regulations

The U.S. Department of Labor’s new regulations governing the “white collar” exemptions from overtime are only two months away. Under the new regulations, which go into effect on December 1, 2016, “white collar” employees must receive…more

RGGI Is a Success Story. When Will It Be Obsolete?

When RGGI was first implemented, I heard Ian Bowles, then Secretary of Energy and Environmental Affairs in Massachusetts, say more than once that the purpose of RGGI wasn’t really to reduce greenhouse gas emissions or jump start the…more

Congressman introduces fintech bill

Republican Congressman Patrick McHenry, Vice Chair of the House Financial Services Committee, has introduced the “Financial Services Innovation Act of 2016,” which is intended to provide a streamlined regulatory process for innovative…more

Blog: Federal Court Gives Teeth to Operational Efforts Covenant in Sanofi/Genzyme Earn-Out Dispute

We keep a close eye on developing cases regarding earn-outs and contingent payment rights in light of the prevalent use of these arrangements in life sciences deals and their increasing use in non-life sciences deals. On September 8…more

Court Refuses to Compel Production of Archived Emails on Backup Tape (Washington)

Elkharwily v. Franciscan Health Sys., 2016 U.S. Dist. LEXIS 99795 (W.D. Wash. July 29, 2016) - In this employment discrimination case, the plaintiff moved the court to compel production of discovery from archived email. The…more

More obligations for companies - don't miss out

Starting October 1, 2016, new data should be entered in the Unified Federal Register of Information about Facts of Activities of Legal Entities - We remind you that Article 7.1 of Federal Law No. 129-FZ On State Registration of…more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision (recently affirmed…more

The Honest Company Faces False Advertising Class Action

Last Tuesday, a class action lawsuit was filed against The Honest Company, Inc. (“THC”) alleging that the “natural” products manufacturer has violated numerous California State false advertising laws. Specifically, the class action…more

New York Adopts Final Rule Regulating the Methods for Paying Employee Wages

On September 7, 2016, the New York Department of Labor adopted a final regulation which details the four permissible methods for paying employee wages, and outlines the strict notice and consent requirements for paying wages by direct…more

Consumer Fraud Allegations For A Prescription Medical Device Do Not Pass The Test

When we think of prescription medical devices, we usually think of the sorts of devices that are implanted during surgery and tend to end up in litigation—artificial joints, pacemakers, surgical meshes, and bone cements, to name a few…more

Regulated Industry Successfully Challenges New OSHA Process Safety Management Enforcement Policies

On September 23, 2016, the D.C. Court of Appeals ruled that the Occupational Safety and Health Administration (OSHA) wrongfully adopted new safety requirements for fertilizer dealers who have to comply with the Process Safety…more

[Event] Nonprofits in the Digital Age - October 18th, Seattle, WA

Please join us for a complimentary seminar focused on the critical legal issues facing nonprofits as they increasingly engage supporters, raise funds, and create change online and through digital technology…more

False Claims that Don’t Violate the False Claims Act

A recent Fourth Circuit decision answers this riddle, “How can a contractor knowingly submit a false claim to the government without violating the False Claims Act (FCA)?” Give up? The answer is blindingly obvious—once you’ve heard…more

Employer’s No Dreadlock Policy Did Not Violate Title VII, Says Eleventh Circuit

An employer’s decision to rescind an African American applicant’s job offer after she refused to comply with a race-neutral grooming policy that prohibited her from wearing her hair in dreadlocks did not constitute race discrimination…more

Unitranche Financing – is it for you?

The use of unitranche financing creates opportunities for lenders and value for borrowers. There are some risks that lenders must understand in these structures…more

Merrill Lynch Settles SEC Market Access Charges

The Commission has brought a series of cases under Exchange Act Section 15(c)(3) and Rule 15c3-5, its market access rule. That rule requires that broker-dealers with market access establish risk management controls to prevent the entry…more

Samsung Bioepis Seeks Regulatory Approval for an Adalimumab Biosimilar in Europe and South Korea

Samsung Bioepis is reportedly seeking regulatory approval to sell a biosimilar version of Humira® (adalimumab) in South Korea. Also, in July 2016, Samsung Bioepis reported that the EMA had accepted its Marketing Authorization…more

Agencies Chart the Future of US Offshore Wind Development

The US Department of Energy (DOE) and US Department of the Interior (DOI) recently announced an updated national strategy to facilitate the responsible development of offshore wind energy in the United States, with a goal of supporting…more

District Court Denies Stay in Litigation Over Medicare Appeals Backlog

On September 19, 2016, the U.S. District Court for the District of Columbia rejected a request by HHS to stay proceedings in litigation brought by the American Hospital Association and several providers seeking to compel the Secretary…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Pillsbury provides a full range of legal services to its clients related to international trade regulation. Our International Trade practice includes counseling, regulatory compliance and enforcement…

[ About | Legal Updates ]