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HUD Settles with FHA Lender Over Alleged Underwriting Violations

On September 23, the U.S. Department of Housing and Urban Development (HUD) announced that on April 7, 2016 it had entered into a settlement with a Federal Housing Administration (FHA) approved lender over allegations that the lender…more

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to meet this…more

Talking with Clients about E-Discovery

With the growing prevalence of e-discovery issues and cases in both state and federal courts, lawyers and firms have adapted to include specialists who handle many of the technical issues. Newer attorneys who attended law school in the…more

The Next Big Thing: Audits Regarding the Mental Health Parity and Addiction Equity Act

Over the last six years, employers and insurers have been working diligently to adapt to the ever-changing landscape under the Affordable Care Act. Meanwhile, the agencies have also issued comprehensive regulations under…more

Heads I Win, Tails You Lose: TCPA Defendants Finding Success in Striking “Fail-Safe” Class Allegations

The 1964 cold war era movie, “Fail-Safe,” centered on the plight of a U.S. military jet pilot who received an errant instruction to drop a nuclear bomb on Moscow. Unlike the movie, where Henry Fonda, as the fictional President of…more

Janssen v. Celltrion (Infliximab): District Court Enters Partial Final Judgment in Favor of Celltrion

As we previously reported, after the district court found that all the asserted claims of the ’471 patent were invalid for obviousness-type double patenting, Celltrion moved for entry of final judgment on that patent under Federal Rule…more

The Four Corners Of The Trust Instrument Get Tighter

When a court is called upon to decide a trust dispute, it starts by looking at the intent of the settlor. Invariably there is some statement about the court being bound by the “four corners” of the trust. Only if the language within…more

Three Restatements Conclude with SEC Enforcement Action

Following a restatement of its financial statements, many firms are investigated by the SEC and later named in an enforcement action. For Weatherford International PLC, three was the charm – following its third restatement in two years…more

US Fish and Wildlife Service Moves Forward With Proposed Eagle Rule Revision

On July 5, 2016, the public comment period closed for the US Fish and Wildlife Service’s (FWS) proposed revisions to the rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act) and accompanying…more

Illinois House Revenue Committee Holds Hearing on Vacancy Fraud Act

While overall there is little activity in the General Assembly, the House Revenue Committee is meeting today for a hearing on an interesting piece of property tax legislation. The hearing is on HB4363, which would create the Vacancy…more

The Nitty-Gritty of How Automation Makes Compliance More Effective; Rob Warmack Explains

In a fun interview about a dry topic, I talk with Rob Warmack, CEO of Compli, on all the ways that automation helps companies and compliance programs. We even discuss how automation can make your General Counsel like you more…more

Marketing your brand with influencers? Make sure the FTC hits the “Like” button

Brand owners and their attorneys are grappling with an important question: how to disclose their connections to luminaries like PewDiePie. If you haven't heard of PewDiePie, don't worry—he's a 26-year old Swedish college dropout…more

'Ostrich' Theory Enforces Ill-Defined Duty to Investigate Clients' Conduct

In recent years, the application of a “conscious avoidance” or “willful blindness” theory as the basis of attorneys’ liability for clients’ criminal conduct has been on the rise. In principle, this standard — commonly referred to as…more

New CMS Guidance on Abuse of Patient Privacy Rights

Last month, I noted recent media reports raising patient privacy concerns due to health care providers’ use of social media in the workplace [The Potentially Dangerous Intersection of Healthcare and Social Media]. It appears the…more

UPDATE: Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

Update: September 26, 2016 - On September 21, 2016, the Honorable George C. Hernandez, Jr. issued the final Statement of Decision, which affirmed the tentative decision denying all claims for relief. The court denied CBD’s…more

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers retained…more

Second Circuit Affirms Exclusion of Certain Foreign Purchasers and Purchases from Securities Class Action

The U.S. Court of Appeals for the Second Circuit issued a lengthy opinion today in the long-running In re Vivendi, S.A. Securities Litigation, affirming the jury’s verdict on liability and addressing issues about loss causation and…more

Second Circuit Highlights Bank Regulators' Actions in Weighing Alien Tort Statute Claims

In Licci v. Lebanese Canadian Bank, the Second Circuit reaffirmed its prior rulings that international law does not recognize corporate liability for crimes under international law, and so dismissed claims by foreign nationals against…more

Alabama Department of Revenue Submits Response in Economic Nexus Test Case

The Alabama Department of Revenue (ADOR) quietly filed its Answer in the ongoing challenge by Newegg, Inc. to the so-called economic nexus threshold set forth in ADOR Rule 810-6-2.90.03 for certain out-of-state retailers. In its…more

Your daily dose of financial news - The Brief – 9.28.16

It wasn’t exactly a direct reaction to his testimony on the Hill, but Wells Fargo CEO John Stumpf didn’t do himself any favors there, and Wells Fargo’s Board has announced that it will claw back an estimated $41 million in compensation…more

N.C. Court of Appeals: Absent Notice to the Federal Government, Foreclosure for Unpaid Local Taxes Won't Extinguish Federal Tax Lien

North Carolina is a "pure race" state, for real estate title purposes. That is, “first to record an interest in land holds an interest superior to all other purchases for value, regardless of actual or constructive notice as to other…more

Single-Investor Products Assume Leading Role in Private Equity Capital Raising

Since 2010, asset managers using private, single-investor structures have raised around $128 billion, according to Bain & Co.’s Global Private Equity Report 2015. This figure rivals — and for some asset managers, may exceed — capital…more

[Event] Long-Term Care Conference - October 18th, Richmond, VA

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime, background…more

Recent Developments that Prohibit Common Separation and Settlement Agreement Provisions

Two federal agencies recently challenged the validity of what many would consider standard release agreement provisions. On August 10, 2016, the Securities and Exchange Commission (SEC) fined a company for including provisions in a…more

Ontario Suspends Large Renewable Procurement Program

In our August 2016 Blakes Bulletin: September Deadline: Last Chance to Participate in Ontario’s Large Renewable Procurement Program, we reported that Ontario was moving ahead with the Request for Qualifications (RFQ) portion of phase…more

SEC Enforcement Actions for Failure to Report Sales of Unregistered Securities

On two successive days, the SEC brought settled enforcement actions against issuers for failure to report sales of unregistered securities. Under Item 1.01 of Form 8-K, a registrant must disclose its entry into a material definitive…more

The new market abuse regime: a long road for financial institutions to navigate

On 3 July 2016, the Market Abuse Regulation (596/2014/EU) (MAR) came into force. Even though guidance and clarity from the European Securities and Markets Authority is still awaited in relation to certain key aspects of MAR, in-house…more

Caution with Hyperlinks and Info-Hovers: Court Denies DIRECTV’S Motion for Partial Summary Judgment

Are hyperlinked and hovering disclosures enough to adequately inform consumers about the terms of your offer? Is requiring consumers to click on a button to accept all terms and conditions enough to obtain their informed consent to…more

Biocides Stakeholders’ Day Addresses Important Issues

The fourth Biocides Stakeholders’ Day took place on September 1, 2016, at the European Chemicals Agency’s (ECHA) headquarters in Helsinki, Finland. The event provided biocides stakeholders with information on the Biocidal Products…more

SEC Adopts Changes Impacting Private Fund Advisers

The SEC’s recently-adopted changes to Form ADV and Rule 204-2 of the Investment Advisers Act of 1940, as amended (the so-called “books and records rule”), raise important considerations for many private fund advisers – particularly…more

Jenga! -- The Future of E-Discovery with Judge Peck and Judge Rodriguez at Exterro inFusion ‘16

Last week, Exterro’s annual user conference, inFusion 16, was in full swing, and for our visitors coming from points all over the U.S. and abroad, Oregon didn’t disappoint with its iconic weather – a mild fall mix of cool morning air…more

[Video]Natural Gas Contracting

In this video, McNees attorney Pamela Polacek describes the two natural gas purchasing options for larger businesses and options for negotiating supplier contracts…more

Illinois Supreme Court Strikes Down Six-Person Civil Jury Statute as Unconstitutional

The Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377, has found that the six-person civil jury statute enacted last summer is unconstitutional on its face. Facts - Public Act 98-1132, effective June 1, 2015, amended…more

EEOC Releases New Online Resource Center for Small Businesses

Provides User-Friendly Information on Federal Anti-Discrimination Laws, Tips for Small Businesses and Videos on Frequently Asked Compliance Questions - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) released…more

SunEdison: A Cautionary Tale?

U.S. Bankruptcy Judge Stuart Bernstein recently approved SunEdison’s proposed sale of $144 million of solar and wind assets to NRG Energy. The sale continues SunEd’s string of dispositions this year following its April bankruptcy…more

CMS says to physicians: Pick your pace for MACRA implementation. Physicians say to CMS: Thank you for hearing us.

On April 27, 2016, the Centers for Medicare & Medicaid Services (CMS) issued proposed regulations (Proposed Regs.) as a first step in the implementation of the Quality Payment Program (QPP) provisions of the Medicare Access and CHIP…more

Employers’ Guide To The 1st Presidential Debate

Seyfarth Synopsis: For a multitude of reasons, the stakes are exceedingly high for employers in the upcoming Presidential election. Legal compliance strategies and effective control of workplace litigation risks inevitably will be…more

Viagra — Developments in Litigation

There have been some very recent developments in the national litigation regarding the erectile dysfunction (ED) drug Viagra and the allegation that its use increases a patient’s risk of developing melanoma. Judge Seeborg, the federal…more

Depositions of the Stars

Celebrities are often involved in legal matters. From copyright infringement, money claims, crazed fans, and burglary, it’s safe to say that as a celebrity, one should always have a strong legal team! Thanks to the internet, we have…more

Humira Biosimilar Approved As Litigation Gets Going

The FDA on Friday approved the first U.S. biosimilar of Humira (adalimumab), AbbVie’s best-selling biologic for treatment of inflammatory conditions. The biosimilar, Amgen’s Amjevita (adalimumab-atto), received approval for all of the…more

Court Holds OSHA Violated Notice-and-Comment Procedure with 2015 Retail Exemption Memorandum

Recently, the D.C. Circuit Court of Appeals ruled the Occupational Safety and Health Administration ("OSHA") violated the Occupational Safety and Health Act ("OSH Act") when it issued a "guidance" memorandum in 2015 titled ..…more

Smart Document Control: Know When To Hold ‘Em, Know When To Fold ‘Em

In many ways a smart document control policy is like the lyrics in a Kenny Rogers song: “You’ve got to know when to hold ‘em, know when to fold ‘em.” Almost all environmental statutes and regulations require that certain documents be…more

Health Alert (Australia) 26 September 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland - 10 September 2016 - Inquest into the death of C - C was a 14 year old girl with multiple physical and intellectual…more

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with…more

Notable Immigration-Related Hiring Discrimination Claims Settled this Summer with Department of Justice and Heads Up! A New Form I-9 is coming by mid-November

?In the past three months, there have been four settlements with three staffing agencies and one private company reported by the Department of Justice. The three settlements with staffing agencies resolved allegations that the…more

UK Regulator Bans former Barclays Wealth Management Chief Operating Officer

The Financial Conduct Authority published a Final Notice banning Mr. Andrew James Tinney from the UK financial services industry. Mr. Tinney was the Global Chief Operating Officer of Barclays Wealth and Investment Management, a…more

US Hedge Fund Managers: Accessing Capital and Marketing in Europe

Recent regulatory change has made the marketing of hedge funds in the European Economic Area (the “EEA”) more involved, particularly for managers based outside the EEA. This appears to have led some US investment advisors to reduce…more

Criminal Liability for Failure to Contribute to Multiemployer Benefit Fund?

The precarious financial status of some multiemployer benefit funds has led to criminal indictment against non-contributors. This troubling expansion of potential sanctions for failure to make required contributions to multiemployer…more

Virginia DEQ Proposes to Amend its Enforcement Manual

Virginia’s Department of Environmental Quality (“DEQ”) plans to amend key portions of its enforcement manual (the “Manual”). The Manual details key enforcement policies of the agency and is used by DEQ to guide almost every aspect of…more

Lawsuit Filed Against OSHA on Walk-Arounds

The Occupational Safety and Health Administration overstepped its authority in expanding union representation at “walk-arounds” in non-union workplaces, the National Federation of Independent Business has alleged in a lawsuit against…more

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