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Defend Trade Secrets Notification Requirement

Most companies are aware that President Obama recently signed into law new federal trade secret protection, entitled the Defend Trade Secrets Act (DTSA). The DTSA provides protection for trade secrets similar to that found in the…more

Seventh Circuit Serves Up Employer-Friendly Recipe For Compensating Tipped Employees

Many employers, particularly in the hospitality industry, pay tipped employees less than the minimum wage. They do so anticipating that tipped employees will receive tips from customers that push employees’ income above minimum wage…more

Proposed changes to the UK Limited Partnership Act 1907

On 23 July 2015, the UK Treasury published a consultation paper and draft Legislation Reform (Limited Partnership) Order 2015 setting out its proposed amendments to the Limited Partnership Act 1907 (LPA 1907). The proposals were…more

Relativity Certifications—Helping You Learn the Lingo

For Relativity gurus, making sense of kCura’s certification system is likely no sweat. However, for ediscovery outsiders or legal/IT professionals new to Relativity, all of the classes, tests and designations are a bit overwhelming…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 4 - Territorial application

Why does this topic matter to organizations? The GDPR does not necessarily apply to every organisation in the world. It applies to all organisations that are established in the EU. However, for organisations established outside…more

Labor Alert: New LA ordinance requires 48 hours of paid sick leave per year for all employees

Los Angeles area employers are now required by law to provide their employees with even more paid sick time off. On June 2, 2016 the City of Los Angeles passed a new ordinance (Ordinance No. 184320) (the “Ordinance”) requiring…more

Protected Health Information: Providers Must Proceed with Caution

Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is being…more

Your "Limited Appearance" in the Business Court May Not Be As Limited As You Think

The attorney for the Plaintiff in Foster Biodevice, LLC v. Cantrell. 2016 NCBC 51 said that he was only making a limited appearance, but the Business Court (through new Business Court Judge Robinson, in his first Opinion for the Court)…more

Looking Forward: Expedited Arbitration

The Stockholm Chamber of Commerce’s (SCC) revised draft Rules for Expedited Arbitration (the “Expedited Rules”) and the SCC’s draft Arbitration Rules (“the Arbitration Rules”) (together “the Rules”), due to come into force in January…more

In Case You Missed It: Launch Links - July, 2016 #2

Some interesting links we found across the web this week: Why You Don’t Need to Found Your Startup in Silicon Valley - Startups have the potential to thrive in places less "trendy" than California…more

By Sasso's Ingeniously Simple 3-Point Index, Hillary Edges Out Trump

For my money, John Sasso has produced the best analytical framework for understanding who will become the next President of the United States. “Demographics and regional electoral factors do matter in the general election. But…more

Congress and Obama Administration Take Steps to Ease Buprenorphine Access

On Friday, July 22, President Obama signed the Comprehensive Addiction and Recovery Act of 2016 (CARA). Following on federal, state and local trends, CARA seeks to expand access for persons needing opioid treatment…more

Anne Littlefield Quoted in Special Ed Connection Article, “Use Caution When Shortening Student’s School Day to Address Behavior”

A public charter school student with autism and an emotional disturbance is suspended frequently over the course of a school year, with 10 days of removals in total. In an effort to address his behavioral issues, which increase in the…more

Court Affirms Judgment Against Executor That Deeded Estate Property To Himself

In In the Estate of Montemayor, the trial court entered summary judgment for an estate beneficiary on a claim to quiet title as against the independent executor, who had deeded estate property to himself. No. 04-15-00397-CV, 2016 Tex…more

Symantec releases “Ransomware and Businesses” report

Symantec Corp released its annual “Ransomware and Businesses” report this week outlining the increasing sophistication of ransomware attacks. Individuals continue to be the primary target of ransomware attacks as they usually have the…more

Management Lessons from the Chicago Cubs

Despite the Cubs’ historic start to 2016, a true blue Cubs fan can’t help but remain skeptical about what the fall has in store for the team. A history of 100+ years of doing the same thing with the same annual result has created a…more

Biosimilars Development Updates

We previously reported on collaborations between Amgen and Allergan on oncology-related biosimilars. On July 21, Amgen and Allergan announced results of a Phase III trial for their ABP 980 product, which is being developed as a…more

Shortridge v. Foundation Construction Payroll Service, LLC (Fed. Cir. 2016)

Douglas M. Shortridge, the named inventor of U.S. Patent No. 8,744,933, sued Foundation Construction Payroll Service, LLC ("Foundation") for infringement thereof in the U.S. District Court for the Northern District of California…more

The Polyjuice Potion Is the Worst Prescription When Branding Marijuana Businesses: Lessons Learned From In re Morgan Brown

The recent Trademark Trial and Appeal Board (TTAB) decision, In re Morgan Brown, (Herbal Access) denied registration for the Herbal Access mark for a retail store legally selling marijuana products in Washington state. The decision…more

Risks to Estate Planning Attorneys in Light of the Thorsen Case

There are several things that all estate planning attorneys (and those who advise them) need to be aware of in light of the Virginia Supreme Court’s recent ruling in Thorsen v. Richmond Society For The Prevention Of Cruelty to…more

New Materials Help Covered Entities Comply with Nondiscrimination Rules

Last week, the Department of Health and Human Services (“HHS”) released new materials for covered entities to use to comply with Section 1557, the nondiscrimination provision of the Affordable Care Act. Section 1557 strengthens…more

Forecast is Hazy For EPA’s Regional Haze Oversight Authority

Earlier this month, the 5th Circuit Court of Appeals stayed EPA’s disapproval of the Texas and Oklahoma regional haze state implementation plans, as well as EPA’s promulgation of its own federal implementation plan. The opinion is a…more

SEC Examiners Focused on Fund Share Class Conflicts of Interest

OCIE recently published a Risk Alert announcing that it will examine the potential conflict of interest created by registered investment advisers being financially incentivized to recommend certain share classes to clients…more

Top 5 Things the Financial Industry Needs to do in Response to the CFPB’s Proposed Arbitration Rule

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced a long awaited and highly controversial proposed rule that, if adopted, would prohibit certain financial services companies from banning consumer class actions…more

CMS Releases the 2016 OPPS Proposed Rule

On July 15, CMS published its proposed policy changes, quality provisions, and payment rates for 2017 as they relate to the Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment…more

Ariana Grande’s online antics result in job loss at the White House

Newly leaked e-mails reveal that pop sensation Ariana Grande lost a gig performing at the White House based on a video circulated online last year. The surveillance footage taken at a California doughnut shop showed Grande licking a…more

Staffing Company Has to Ask

The Fifth Circuit Court of Appeals expanded on the EEOC’s guidance on a staffing company’s liability for its client’s discriminatory decisions. According to the court, a staffing company may be liable when a client asks the staffing…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 3: Subject matter and scope

Why does this topic matter to organisations? Understanding the subject matter and the scope of EU data protection law is fundamental to determining whether this law applies to an organisation's business activities. In essence, an…more

Judge McMahon Dismisses Case Because Agreement that Inventor “will assign” Doesn’t Mean “did assign”

On June 14, 2016, S.D.N.Y. District Judge Colleen McMahon granted defendants HTC Corporation, HTC America, Inc., Blackberry Limited, Blackberry Corporation, and Motorola Mobility LLC’s (collectively “Defendants”) motion to dismiss with…more

Could the Flying Car Finally Take Off?

Autonomous vehicles have been hailed as the solution to overcrowded roads and their impact on America’s aging infrastructure. However, recent accidents involving automated vehicles have some wondering if having less cars on the road is…more

Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision

When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do until the…more

Distress in the oil and gas industry: What happened to the price of oil?

To the delight of motorists everywhere, the price of oil suddenly halved in the second half of 2014, dropping from over $100 to less than $50 a barrel. It’s safe to say no one saw the fall coming: most banks and industry players had…more

The FCA Peers Into Dark Pools

On July 21, 2016, the Financial Conduct Authority (FCA) of the United Kingdom (UK) published a thematic review: UK equity market dark pools - Role, promotion and oversight in wholesale markets. Background - The FCA uses…more

The Labor Board Wants Those “Temp” Workers to be “Your” Workers So That You Can Become a Union Company

As I was explaining to a client last week that just “sending her back to the temp agency” likely would not be a simple end to a complicated sexual harassment problem, the National Labor Relations Board issued yet another decision…more

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule, demonstrate…more

The FTC Social Media Consent Order Against SmartClick

The FTC continues its efforts to combat deceptive social media advertising. In June 2016, the FTC brought an enforcement action against SmartClick Media LLC and its owner. The FTC alleged that SmartClick engaged in the following…more

Real Property & Title Insurance Update: Week Ending July 22, 2016

Lis Pendens: a party seeking to maintain a lis pendens must establish a “fair nexus” between the party’s claim and the subject property by making “a minimal showing that there is at least some basis for the underlying claim [a]nd ……more

Applying for a German Banking or Financial Services Licence

Due to Brexit developments, for many non-European investors the option to acquire a German banking or financial licence, including the attached benefit of being able to use the European passport regime, is a part of their strategic…more

Ex-Cardinals scouting director sentenced to serve time in jail for Astros database hacking

Back in January, we wrote about the ex-Cardinals Scouting Director pleading guilty to hacking the Houston Astros database. Now, this week, Christopher Correa, former scouting director and director of baseball development, was sentenced…more

CFPB Week in Review

The Consumer Financial Protection Bureau (CFPB) had another busy week. Here is an overview of what the CFPB was up to recently: Enforcement Actions and Litigation - Enforcement Action Against Santander Bank - On July…more

Australian insolvency law reforms aim to increase business restructuring opportunities

The Australian government is working to significantly reform Australia’s current insolvency laws by mid-2017. The reforms are intended to achieve greater likelihood of business preservation by introducing the flexibility to…more

The Problem With Providers Using Their Own Funds In Their 401(k) Plan

I always say that I come up with many ideas, but most of them are bad. Seriously, there are so many bad ideas out there in the 401(k) space and one of the really bad ideas out there are bundled plan providers using their own, expensive…more

CFPB to Hold Second Research Conference

The Consumer Financial Protection Bureau (CFPB) has announced that it plans to host its second research conference on consumer finance on December 15-16, 2016. (The first such conference was held in May 2015.)…more

How a Tight Fit Creates Lethal Dangers

Plumbers, electricians, cleaning technicians, and other professionals are often required to work in confined spaces. This presents a number of dangers such as becoming trapped, being seriously injured by equipment, or being exposed to…more

New Municipal Condemnations

For the last several years, municipalities have been slow to engage in new projects that require the use of eminent domain due to budgetary restrictions. However, with the upturn in the economy that is resulting in new building…more

Superfast Whitepaper

Is Your Firm Among the 13%? Emulating the Fastest-Growing Firms in the New Legal World - The November 2014 issue of The American Lawyer headlined with an engrossing article by Aric Press entitled “BigLaw’s Reality Check.” In…more

CFPB’s Proposed Rule Banning Use of Pre-Dispute Arbitration Agreements to Block Consumer Class Actions Signals New Wave of Class Actions Against Industry

On May 5, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposed rule which would prohibit application of pre-dispute arbitration agreements to class litigation involving a broad range of consumer financial…more

OSHA Civil Penalties Spike by 80% on August 1st

On June 30, 2016, the U.S. Department of Labor issued an Interim Final Rule to implement the Federal Civil Penalties Inflation Adjustment Improvements Act passed last Fall as part of the highly publicized “Bipartisan Budget Act of…more

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for purposes of…more

How The Failure To Comply With The Conflict Minerals Law Can Expose Manufacturers To Criminal Penalties

Last year, we provided an overview regarding the requirement that U.S. publicly traded companies disclose their use of “conflict minerals.”  As of 2014, the Government Accounting Office reported that 1,321 companies filed the requisite…more

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