Latest Updates

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in workers'… more

New California Laws on the Horizon

California has passed a number of employment laws this year, including the expansion of baby bonding leave to small employers, prohibiting inquiries into an applicant’s salary history, and restricting the use of applicants’ criminal… more

Data Privacy + Cybersecurity Insider - October 2017 #2

FBI Issues Flash Alert on Apache Struts Vulnerability - The Apache Struts vulnerability has been mentioned frequently in the media over the past month, as it is believed to have been involved in one of the largest and most damaging… more

Asset Management Regulatory Roundup - October 2017 - Issue 8

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on US-EU equivalence of certain OTC derivative rules; the FCA asset management authorisation hub;… more

March-in Rights and Compulsory License in the United States

March-in rights in the US were created in 1980, as part of the Bayh-Dole Act. Simply stated, when the US government funds research that results in patents, it obtains rights to those patents. These rights are retained even when the… more

End and refund of the French 3% tax on distributions

The French Constitutional Court rules that the 3% contribution on distributions is unconstitutional - On 6 October, 2017, the French Constitutional Court, in its decision (n°2017-660 QPC), held that the 3% contribution on… more

FTC Provides Guidance on Reasonable Data Security Practices (Part II of III)

This is the second in a series of three articles on the FTC’s Stick with Security blog... Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data… more

Jump in Credit Scores Means Dip in Underwriting Predictability

Underwriters that rely on popular credit-scoring models like FICO and VantageScore to assess risk may have noticed that some consumer credit scores jumped recently. The nationwide credit reporting agencies, Equifax Inc., Experian PLC… more

Tennessee Health Services and Facilities Report: October 2017

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the establishment… more

Happy Cybersecurity Awareness Month! Are you Safe?

Since it was first announced by Presidential Proclamation in 2013, we mark each October as National Cybersecurity Awareness Month. The Department of Homeland Security explains that, in 2017, designation is “designed to engage and… more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant to Title… more

The Salary Privacy Act—Stacking the Deck

Job interviews and salary negotiations have always been a sort of poker game. Now, in California, employers are required to show their hands, while candidates can keep their cards close to the vest… more

Third Travel Ban Blocked by Court

On the eve of its taking effect, President Donald Trump’s third attempt at a travel ban has been blocked by the District Court in Hawaii. On October 17, 2017, Judge Derrick Watson granted a nationwide temporary restraining order… more

Oil and Gas in Texas: Some Law and a Little History

Welcome to the binary edition, where you have a choice: An informative and engaging stroll through the history of the oil and gas business in Texas, or a wonkish and also informative legal analysis… more

Distillations: Glass Half Full

Here at the Distillations Desk we’ve talked about trademark disputes over the shapes of bottles, but now comes a case about the shapes of glasses. On October 12, Glencairn IP Holdings and Glencairn Crystal Studio filed suit in… more

Health Insurance for U.S. Employees - A New Option for an Old Problem

There is good news in the world of U.S. health insurance laws, at least for Canadian companies with fewer than 50 full-time U.S. employees. Effective this year, it is now possible to directly reimburse employees for the cost of… more

AMF Report Highlights Deficiencies in Disclosure Documents of Quebec Issuers

The Corporate Finance Division of Quebec’s Autorité des marchés financiers (AMF) recently released its first Summary of Oversight and Regulatory Activities (Report), which provides general information and reminders about securities… more

EDPS Releases Recommendations on ePrivacy Regulation – Still a Long Way to Go

We are only eight months away from the new EU data protection regime entering into force. In addition to the General Data Protection Regulation (“GDPR”), which includes the general data protection provisions, the ePrivacy Regulation… more

Alert: China Issues New Policy for Drug and Medical Device Approvals

On October 8, 2017, the General Office of the CPC Central Committee and the General Office of China's State Council jointly issued Opinions of the State Council on Promulgating the Reform of Review and Approval System for Drugs and… more

Cracking Open a Cold One: Plaintiffs’ False Advertising Suit Against Brewer Survives Dismissal

Earlier this year, two plaintiffs launched a putative class action against Portland-based Craft Brew Alliance, the fifth largest brewing company in the U.S. and parent company of Kona Brewing Co. Craft Brew acquired Kona in 2010… more

State and Justice Departments to Share Information on Employment-Based Visa Fraud

As part of the Trump Administration’s “Buy American, Hire American” Executive Order, the State Department’s Bureau of Consular Affairs (BCA) is joining with the Department of Justice’s Civil Rights Division to combat both visa fraud… more

How Were the Court’s Civil Cases Distributed at the Appellate Court (Part 4)?

Yesterday, we reviewed the year-by-year data for how the Court’s civil caseload was distributed in the Appellate Court for the years 2004 through 2010. Today, we review the data for the years 2011 through 2017… more

Sovereign Immunity and Inter Partes Review

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private citizens… more

Puerto Rico Secretary of Labor Issues Opinion Regarding Employee Compensation Following Hurricanes Irma and María

On October 17, 2017, the Puerto Rico Secretary of Labor and Human Resources (Secretary) issued Opinion No. 2017-001 (Opinion) regarding the compensation of exempt and non-exempt private sector employees for workdays interrupted by… more

OCIE Publishes Risk Alert on Most Frequent Advertising Rule Compliance Issues Found During Examinations

The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) issued a National Exam Program Risk Alert on September 14, 2017 (Risk Alert). The Risk Alert highlights… more

Proposed Legislation Would Broaden Availability of Charitable Deductions

On October 5, Rep. Mark Walker (R-NC) introduced the Universal Charitable Giving Act of 2017 (H.R. 3988), which would allow individuals who do not itemize their deductions to receive income tax deductions for charitable contributions… more

Are You Owed Overtime Wages?

The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any overtime… more

Oregon to Add Licenses to NMLS and Adopts Electronic Surety Bonds

Starting on November 1, 2017, the Oregon Division of Financial Regulation will accept applications for the Mortgage Servicer License and the Debt Buyer License on NMLS. The checklists for these licenses will be available here shortly… more

Action Required to Maintain DMCA Safe Harbor Protection

Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from copyright… more

The Demise of Rule 36 Judgments in Federal Circuit Decisions Relating to IPRs

The Federal Circuit issued a fairly mundane decision yesterday in Boundary Solutions, Inc. v. Corelogic, Inc.(PTAB October 17, 2017), affirming the PTAB’s decision to cancel all challenged claims of two related patents. Over the… more

What’s New in Immigration Law?

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security… more

Restructuring and Insolvency Bulletin Issue 2 - 2017: Offshore and off limits: SDNY Bankruptcy Court finds foreign transfer unavoidable amid shaping split

Can foreign transfers of a U.S. debtor be avoided under the Bankruptcy Code’s avoidance provisions? While the Bankruptcy Court for the Southern District of New York recently found that the answer is no, that court, as well as other… more

ISO 37001: Board, Top Management and Anti-Bribery Compliance Responsibilities (Part III of V)

In Part III of my continuing series on ISO 37001, today I examine the board and top management’s respective responsibilities in the implementation and oversight of an anti-bribery management system… more

Service Advisors at Auto Dealerships: An FLSA Exemption Case Makes its Way Back to the Supreme Court

The United States Supreme Court will address again whether service advisors are exempt from overtime compensation requirements of the Fair Labor Standards Act (“FLSA”)… more

Summary Judgment Win for Insurer in “Stable Value” Interest Rate Setting Case

In July, MetLife obtained a win in the Northern District of Illinois when the court granted summary judgment in its favor on a claim that it had breached the duty of good faith and fair dealing in setting interest rates for a… more

UC Merced Celebrates One-Year Anniversary of Groundbreaking for 2020 Project

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the “Project”)… more

Drone Collides with Commercial Jet in Quebec City

On October 12, 2017, a drone collided with a commercial aircraft while it was approaching Jean Lesage International Airport, in Quebec City. This is the first time that a drone has hit a commercial plane in Canada, according to… more

New SEC C&DIs on Non-GAAP Financial Measures for Business Combinations

The SEC staff has issued two new Compliance and Disclosure Interpretations, or CD&Is, on non-GAAP financial measures in the context of business combinations… more

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the record is much… more

Is it HIPAA or HIPPA? Either way, it still applies.

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information (PHI) and the… more

Your Daily Dose of Financial News

Representatives of the US’s biggest stock exchanges have questioned the SEC’s plan to change how markets work by altering the current “maker-taker” system and imposing new transparency and conflict-of-interest rules on platforms run by… more

Noreika-Cordray Dispute Escalates as Senate Nears Vote on CFPB Arbitration Rule

Since last summer, Acting U.S. Comptroller of the Currency Keith A. Noreika and CFPB Director Richard Cordray have exchanged polar-opposite views on whether the CFPB’s final arbitration rule should be repealed… more

Liz Wiseman-Multiplying the Influence of Compliance

On the second full day of the SCCE Compliance and Ethics Institute (CEI) Liz Wiseman was one of the keynote speakers. Wiseman is the co-author with Greg McKeown of Multipliers: How the Best Leaders Make Everyone Smarter, which is a… more

Sticking Firmly to Contract Terms, Court Dismisses Premium and COI Overcharge Claims

In July, in Hancock v. Americo Financial Life & Annuity Co., Americo achieved a total victory on its motion to dismiss a putative class action in the Eastern District of North Carolina that challenged its premium and COI charges… more

Costly Thy Habit As Thy Purse Can Buy: Implications of the Proposed HVADC Rules for Borrowers and Lenders of Acquisition, Development and Construction Loans

On September 27, 2017, the Office of Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (the “Agencies”) released a joint Notice of Proposed Rulemaking (the… more

Make Effective Introductions in Special Situations

This is the third of three posts on introductions. In our first post, we focused on introduction fundamentals of effective in-person introductions. Introductions are personal, positive and connective… more

Comprehensive Embargo on Sudan Lifted, Although Some Restrictions Remain

Effective October 12, the Trump administration revoked the U.S. embargo on Sudan in accordance with Executive Order 13761 (Jan. 13, 2017) and Executive Order 13804 (July 11, 2017). As a result of this action, Sudan and the government… more

American Apparel Preference Actions Filed in Delaware Bankruptcy Court

Earlier this month, APP Winddown, LLC (formerly known as American Apparel, LLC) and its chapter 11 affiliates (the “Debtors”) filed approximately 201 complaints seeking the avoidance and recovery of allegedly preferential and/or… more

Legislation to Alter State Water Rights Enforcement Action Processes Fails

California Gov. Jerry Brown vetoed AB 313, which would have shifted the hearing process for certain water rights enforcement actions to a new Water Rights Division within the Office of Administrative Hearings. However, his veto Sunday… more

A Lesson on Good Faith and Fair Dealing in Solar Construction

Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for this… more

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