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Bad Teacher Reinstated Because District Did Not Follow Proper Termination Procedures

School Dist. of Philadelphia v. Jones, 139 A.3d 358 (Pa. Commw. Ct. 2016). In order to terminate a teacher, a school district must strictly follow procedural requirements under the Pennsylvania School Code. In Jones, a teacher was…more

Federal Circuit Demonstrates Willingness to Rein in PTAB’s Onerous Idle Free Rules Regarding Claim Amendments

Patentees have been generally frustrated with the Board’s unwillingness to grant motions to amend. The Board’s Idle Free case, and its progeny, have added a number of requirements to a motion to amend that are above and beyond the…more

Owners of Family Controlled Entities Must Act Quickly in Light of New IRS Regulations Attacking Valuation Planning

Chapter 14 of the Internal Revenue Code consists of four Code Sections (Sections 2701 – 2704) designed to close valuation loopholes. Prior to Congress’s enactment of Chapter 14 in 1990, estate planners had a host of tools available…more

No HIPAA Hall Pass for Business Associates and Small Breaches

Phase 2 Audits of Business Associates: The Department of Health and Human Services, Office for Civil Rights (OCR) is in the process of conducting its phase 2 audits of Covered Entities and Business Associates. “Covered Entities”…more

Must be qualified to apply

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must establish the…more

District Of Arizona Awards Broad Fee Award Where There Were Competing Motions To Confirm Arbitral Award

On March 31, 2016, we wrote regarding an arbitration confirmation fight between the Scottsdale Insurance Company (“Scottsdale”) and the John Deere Insurance Company (“John Deere”) in a reinsurance dispute relating to whether there was…more

New Illinois Law Permits Employees to Use Accrued Sick Leave for Family Medical Care

Last week, Governor Rauner signed into law House Bill 6162, the Employee Sick Leave Act (“the Act”). Under the Act, “personal sick leave benefits” provided by employers for absences due to an employee’s illness, injury, or medical…more

UK Employment Law Round Up - August 2016 | Volume 1 - Issue 8

In this month's issue we consider the case of Dronsfield v. University of Reading, in particular the EAT's observations in that case about how disciplinary investigations should be conducted and the role of HR in finalising…more

Hallmark 8-Confidential Reporting and Internal Investigations

The FCPA Guidance has about as clear, concise and short a statement about hotlines than any other Tenet of an Effective Compliance Program. It states, “An effective compliance program should include a mechanism for an organization’s…more

Where to Draw the Line: Who Gets to be Exempt?

Legal challenges to controversial provisions in the Affordable Care Act (ACA) continue to work their way though the courts. In a follow-on to the Supreme Court’s decisions in Burwell v. Hobby Lobby and Zubik v. Burwell (cases…more

Incentive Auction Stage 1 Falls ($66 Billion) Short of the Target—On to the Next One!

You can almost hear Agent Maxwell Smart’s trademark “Missed it by that much!” The FCC quietly announced just after C.O.B. today that “[b]idding in the forward auction has concluded for Stage 1 without meeting the final stage rule and…more

Court Affirms Preliminary Injunction Against Medical Marijuana Collective

On August 30, 2016, the Court of Appeal for the Second Appellate District affirmed a preliminary injunction in a nuisance abatement action brought on behalf of the People of the State of California against a Los Angeles-based medical…more

Arbitration in Employment Sea Change?: Ninth Circuit Holds Mandatory Class Action Waivers Unlawful

Can employers still require employees to sign arbitration agreements with class action waivers as a condition of employment? Last week, the Ninth Circuit became the second appellate court to adopt the National Labor Relations Board’s…more

BREAKING NEWS: FDA Approves Sandoz’s Erelzi, biosimilar to Enbrel (etanercept)

The FDA today approved Sandoz’s application for a biosimilar version of Amgen’s Enbrel product (etanercept). Sandoz’s biosimilar is called Erelzi. It is the first biosimilar etanercept approved by FDA, and the third product to be…more

Real Property & Title Insurance Update: Week Ending August 19 & 26, 2016

Real Property Update: - Lis Pendens/Subsequent Liens: lis pendens statute only serves to discharge liens that exist or arise prior to entry of foreclosure judgment but does not affect liens that arise after entry of judgment, even…more

Please Don’t Do This With Your US NDAs

Over the past two weeks, I’ve reviewed two non-disclosure agreements (NDAs) for Northern Irish companies that are expanding to the US. I’ve written about NDAs in the past: NDAs and You: Perfect Together. The NDAs were well-drafted, but…more

NJ Minimum Wage Increase on Hold – For Now

As predicted by HR Legalist in May, New Jersey Governor Chris Christie has vetoed a democratic-backed measure that would have gradually increased New Jersey’s minimum wage from $8.38 to $15 per hour over a four-year period. In today’s…more

CSB Report calls for Preventative Inspections at Petroleum Refineries, Bolstering EPA and OSHA Efforts

Earlier this month, the U.S. Chemical and Safety Hazard Investigation Board (CSB) issued a report calling for preventative inspections at petroleum refineries to prevent accidents and injuries. The report highlights the value of…more

China Continues to Lead Global Investment in Solar and Wind Projects But Curtailment Remains an Issue

According to a recent report released by Clean Energy Pipeline, global clean energy backing in the first half of 2016 totalled US$116.4 billion. China was the largest investor, financing US$15.3 billion worth of solar and wind projects…more

Cleared for Takeoff – FAA Commercial Drone Rule In Effect and 600,000 Expected Flying This Year

The wait is over for businesses across the United States eager to fly small drones (also known as small unmanned aircraft systems or sUAS). The new Federal Aviation Administration (FAA) rule regarding commercial operation of sUAS…more

Rating Agency Developments

On August 22, 2016, Fitch issued an amended report outlining its Criteria for Rating Granular Corporate Balance-Sheet Securitizations. Report. On August 22, 2016, Fitch issued a report titled: Global Bond Fund Rating Criteria. Report…more

Santorii v. MartinezRusso

Arizona’s real estate statutes do not create an employer-employee relationship between brokers and agents, nor do they impose a non-delegable duty on the broker to supervise an agent’s driving. Real estate agent was returning…more

9th Circuit Sides With the NLRB: Class Action Waivers in Employment Arbitration Agreements Violate the National Labor Relations Act

A divided panel (2-1) of the 9th Circuit Court of Appeals has ruled that an employer violates the National Labor Relations Act by requiring employees to sign arbitration agreements that contain class or collective action waivers…more

Flipping the Bird at the CFPB!

Do you really want to tell the Consumer Financial Protection Bureau (CFPB) that it doesn’t regulate you? Before flipping the bird at the CFPB, a company had better do some deep and serious deliberations! Take the case of…more

Should MDL Judges Act More Like Class Action Judges?

Class actions are not the only form of aggregate litigation. Multi-district litigation (“MDL”), the process by which large numbers of smaller lawsuits are consolidated before a single judge for pretrial purposes, without requiring any…more

Will These Mandates Really Result In "Fairer Pay And Safer Workplaces," Or Will They Just Increase Administrative Burdens For Contractors?

Despite a litany of reasons to delay implementation of the Fair Pay and Safe Workplaces Executive Order, the Federal Acquisition Regulatory Council and the U.S. Department of Labor have, respectively, issued their Final Rule and Final…more

NAD Worries Consumers Will Jump To Wrong Conclusions Over Trampoline Reviews

A growing number of consumers read reviews before they decide to purchase a product. Because of this – as we’ve posted various times – regulators and competitors are keeping a watchful on eye reviews that seem biased or inauthentic…more

The Board of Pharmacy’s 40 Hour Rule is Dead! Long live the 20 Hour Rule! Community Pharmacy Ownership Rule Change Creates new Opportunities

The Florida Board of Pharmacy (BOP) recently amended the rules regarding community pharmacy hours of operation to reduce required daily operating hours from 40 to 20 hours per week. As before, the hours have to be posted and the…more

Punitive Damages For Sexual Harassment: Still in Vogue

When an employer is put on notice of workplace sexual harassment, it must take adequate steps to investigate and take proper remedial action or risk punitive damages. That is the import of a recent ruling by the Massachusetts Supreme…more

Two types of liens commercial real estate sales brokers should know about

Real estate brokerage is a business. No point in finding a willing buyer for your client’s property unless you get paid for your efforts, right? A lien can be a powerful tool to make sure this happens, but not without risk…more

The “Shark Tank Visa”: Proposed Rule Opens Door for Foreign Entrepreneurs

Last Wednesday, the Department of Homeland Security (“DHS”) announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other business…more

Personal Guaranties: What? Me Worry?

Franklin, a Senior at Fraternal State, is finally moving off campus to his own apartment with four of his buddies. Before Owen Ohner, the landlord, will approve their lease, he requires a personal guaranty from all the parents. The…more

Healthcare Compliance: Juggling Risk Mitigation Strategies

Healthcare organizations – ranging from physician practice groups to large, multi-state hospital systems – face a variety of risks, including fraud and abuse, as well as HIPAA privacy issues. Starting from a baseline risk assessment…more

Ninth Circuit Decision in AT&T “Throttling” Case May Reset Boundaries Between FTC and FCC Jurisdiction

On Monday, August 29, 2016, the Ninth Circuit Court of Appeals issued an opinion that may dramatically alter the boundaries between the Federal Trade Commission’s (FTC) and Federal Communications Commission’s (FCC) authority over phone…more

Blog: GAO Issues Second Annual Conflict Minerals Report

The GAO has issued its annual conflict minerals report to Congress, entitled “Companies Face Continuing Challenges in Determining Whether Their Conflict Minerals Benefit Armed Groups.” The GAO is required to report annually on the…more

ASTM International Updates Standard To Determine Biobased Content Of Bioproducts

ASTM International's Committee on Plastics recently approved revisions to standard D6866, Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis…more

Recent Developments in Green Bonds

Brief Overview of Green Bonds - Green Bonds raise funds for new and existing projects with environmental benefits. They are similar to mainstream bonds with the difference residing essentially in a defined use of proceeds for…more

A Banner Week For Buckman Preemption

There used to be a TV show called “That Was the Week That Was.” It was a satirical look at the news of the prior week, but perhaps it’s most lasting accomplishment was to launch David Frost’s career. Without an ounce of satire…more

Illinois Prohibits Non-Compete Agreements with Low-Wage Employees

Effective January 1, 2017, the Illinois Freedom to Work Act (the “Act”) will prohibit private sector employers from entering into non-competition agreements with employees earning a “low wage.” The Act defines low-wage employees as…more

Top Ten International Anti-Corruption Developments for July 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources…more

Health Care Legislation Maryland 2016 First Interim Report

The bills cited and reviewed in this Report are not an exhaustive presentation of all healthcare legislation. Rather, they represent either proposed or adopted legislation that we believe are among the most beneficial, curious or awful…more

EB-5 Securities Law Roundtable Offers Technical Language Resource to Lawmakers

Check out what’s new in the EB-5 world, where a team of securities lawyers are at work offering to help lawmakers understand complex legal provisions of proposed EB-5 integrity legislation. The group is called the EB-5 Securities…more

Jumeirah Lake Towers Freezone

Jumeirah Lakes Towers (JLTFZ) is a 200-hectare, mixed-use waterfront development which offers commercial, residential and retail property for sale and lease. The Freezone was established in 2002 and now has over 3,800 registered…more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - August 2016

A Note from the Editors - Our August edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. In Leaders in the News, we profile…more

Intellectual Ventures I LLC v. J. Crew Group, Inc. (E.D. Tex. 2016)

Eastern District of Texas and PTAB Issue Conflicting Decisions on Same Patent - IV sued J. Crew for patent infringement of three patents: U.S. Patent Nos. RE43,715, 6,782,370, and 5,969,324. J. Crew filed a Motion to Dismiss…more

Federal Court Provides a $3 Million Reason to Comply with Duty to Preserve ESI

After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat. It is well known that, upon notice of a claim or commencement of litigation, a party needs to implement a…more

Prevailing Party Before PTAB May Not Appeal

Addressing the right of a prevailing party to appeal a favorable decision, the US Court of Appeals for the Federal Circuit dismissed an appeal of a case from the Patent Trial and Appeal Board (PTAB or Board) and ruled that the…more

Federal Court Issues Trial Ruling in Section 36(b) "Manager of Managers" Lawsuit

AXA Investor Fees Held Not To Constitute a Breach of Fiduciary Duty - The U.S. District Court for the District of New Jersey issued its trial ruling on August 25, 2016 in Sivolella v. AXA Equitable Life Insurance Company—the first…more

Electronic Privacy Information Center Challenges FAA’s New Drone Rules Over Lack Of Privacy Safeguards

On Monday, August 22, the non-profit Electronic Privacy Information Center (“EPIC”) brought suit in the U.S. Court of Appeals for the D.C. Circuit against the Federal Aviation Administration (“FAA”), challenging the lack of any privacy…more

SEC Announces 71 Issuer MCDC Settlements

On August 24, 2016, the SEC announced that it had entered into settlement orders with 71 municipal issuers and other obligated persons for violations of federal securities laws in municipal bond offerings. The issuers and obligated…more

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