Latest Updates

Ninth Circuit Rules on Spokeo Remand

On August 15, 2017, the Ninth Circuit ruled that a litigant who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to meet the… more

Sustainable Development Update - August 2017 #3

Sustainable Development Focus - U.S. cities increasingly focused on resilience, but funding challenges persist - Urban Land - Aug 14 - The increased emphasis being placed by cities on embedding resilience into their land… more

Financial Services Weekly News - August 2017 #3

Editor's Note - In This Issue. The Department of Labor (DOL) filed a Notice of Administrative Action seeking to delay the Fiduciary Rule until July 2019; federal banking agencies issued guidance on the capital treatment of centrally… more

SDNY — Passenger Dropping Bag on Another Passenger While Boarding an ‘Accident’ Under Montreal Convention, Creating Strict Liability for Carrier

It is a common scenario on today’s ever more packed flights — dozens of passengers are boarding a commercial flight with large roller bags, hunting for overhead bin space and lifting their bags over the heads of the passengers already… more

Cross Border Transactions - DOMINICAN REPUBLIC—Moratorium on Provisional Concessions for Certain Renewables

Despite the high interest in the country’s energy sector by local and international developers of renewable projects and the government’s commitments and ongoing efforts to diversify the country’s energy matrix, particularly by… more

MiMedx Group, Inc. v. Liventa Bioscience, Inc. (N.D. Ga. 2017)

In the general chaos that has resulted from the Supreme Court's recent forays into trying to delineate the proper standards for patent subject matter eligibility (AMP v. Myriad Genetics, Mayo Collaborative Labs v. Prometheus), there is… more

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer, we’ll… more

Discrimination claims against Bass Pro result in $10.5 million settlement and serve as reminder to other employers

Last month, a federal court in Texas approved a settlement between the U.S. Equal Employment Opportunity Commission and Bass Pro Outdoor World LLC in a lawsuit filed by the EEOC that alleged widespread hiring discrimination and… more

Overtime Update

What happened to the Obama administration’s proposed new rule on employee eligibility for overtime pay? Seven months into the Trump administration, do we know what to expect? Recent events provide some clarity on these questions… more

Corporate Sustainability Efforts on Upswing

Despite the new administration’s efforts to rollback Obama Era environmental regulations, most businesses in the U.S. are maintaining their commitments to sustainability. According to Lucid’s 2017 Sustainability Outlook Report, only 5%… more

Lehman Ruling Sets Stage For Future Subordination Contests

In the case In re Lehman Brothers Holdings Inc., 855 F.3d 459 (2d Cir. 2017), the U.S. Court of Appeals for the Second Circuit affirmed a district court order subordinating the claims of former Lehman Brothers employees for undelivered… more

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory in 1979… more

Cyber Claims in Mexico: A Reactionary Evolution of an Insurance Sector

In the wake of numerous cross-border, well-publicized cyber-attacks, cyber-insurance has quickly become a hot issue. This area has also become a trending topic because of the abrupt and quick need for response in a generally uncharted… more

Legal Operations & the Future of Legal Service - The CLOC of Real Change Keeps Ticking...

It’s too late for your firm to be an "early adopter" of legal operations ... but your firm doesn’t have to be a “late adopter” or a "laggard" either… more

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace… more

Jury Awards $10.4 Million in Damages to Philips for ZOLL’s Infringement of Defibrillator Patents

Patent Judgments and Awards - On August 3, 2017, a Boston jury awarded Philips $10.4 million in damages for ZOLL’s infringement of three patents relating to automated external defibrillators. This represents only a fraction of the… more

UPenn Study Finds that GOP Plan to Cut Immigration Will Lower America’s GDP

A new study from the University of Pennsylvania’s Wharton School shows that the Republican plan to cut immigration in half will reduce the U.S. per capita gross domestic product by .7 percent over the next ten years, and by 2 percent… more

ALJ Essex Retires

ALJ Essex has retired from the ITC after a decade of service. News of his retirement was provided in notices issued this week by Chief ALJ Bullock in investigations previously assigned to ALJ Essex… more

Statutory Duties to consider in Underwriting (including some that deal with animals)

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to persons… more

Check Each Link in the Chain of Title; The Time to Find Out Your Assignor Does Not Exist is Before you Sue

In In re Certain Thermoplastic-Encapsulated Electric Motors, 337-TA-1052, (August 11, 2017), Administrative Judge Dee Lord dismissed Intellectual Ventures II LLC complaint asserting infringement of U.S. Patent Nos. 7,154,200;… more

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion, a recent… more

New Requirements for Planned Developments in Chicago

Yesterday, Mayor Rahm Emanuel issued an executive order requiring all applicants seeking Planned Development (PD) approval to report intended and actual employment of Minority and Women-Owned Business Enterprises (M/WBEs) as part of… more

Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in a… more

DC Circuit — FAA Must Provide Reasoned Basis for Accepting That

Does the ever-decreasing size of airline seating make you fed up? It certainly seems to do so to Judge Millet, who penned this opening paragraph in Flyers Rights Education Fund v. F.A.A., – F.3d – (2017 WL 3202638) (D.C. Cir. 2017)..… more

Don’t Let a Legal Claim Eclipse This Solar Event

On the afternoon of August 21, 2017, the first total eclipse to touch the U.S. mainland since 1979 will cut a “path of totality” through the Carolinas (including Greenville, Columbia, and Charleston). While communities along its path… more

SEC Issues Risk Alert To Improve Cybersecurity Readiness

On August 7, 2017, the U.S. Securities and Exchange Commission (“SEC”) published a risk alert directed to the financial advisory industry, identifying cybersecurity vulnerabilities that could make the industry’s networks porous to… more

Delaware (Re)Proposes Unclaimed Property Reporting and Examination Manual Regulation

On August 1, the Delaware Department of Finance (DOF) published a revised version of its proposed reporting and examination manual regulation addressing audit procedures and method of estimation. See 21 DE Reg 123 (Aug. 1, 2017). The… more

The French Duty of Vigilance Law: What You Need to Know

As previously noted, on February 21, 2017, the French National Assembly adopted a law establishing a “duty of vigilance” for large multinational firms carrying out all or part of their activity in France. In a subsequent… more

[Event] The LatAm Gateway Summit - October 11th, Miami, Fl

The LatAm Gateway Summit will focus on Latin American insurance and reinsurance issues. The economic climate, claims, underwriting, and opportunities unique to Latin America will be explored. Insurers, reinsurers, risk managers… more

2017 Education Legislation Summary

In its 2017 regular session, the General Assembly made a number of changes in the statutes affecting public education in Connecticut. This summary is intended to give you a brief overview of some of the more significant changes that… more

DJI Reports Enhanced Data Privacy for its Drones

We posted last week about the U.S. Army issuing a memorandum banning the use of DJI drones due to security concerns, but now, this week DJI reports that it is developing a new local data mode that stops internet traffic to and from… more

[Event] Leadership Workshop for Practice Group Leaders October 10-11 - New York, NY

For the first time ever, LawVision Group and LawyerBrain have teamed to develop and offer a cutting-edge workshop based on the latest research and experience on leadership that can help law firm Practice Group Leaders, Department… more

DOL Fiduciary Rule Status Update for Fraternal Benefit Societies

In papers filed as part of a lawsuit in the U.S. District Court for the District of Minnesota, the Department of Labor (DOL) has stated that they are considering a further delay of the effective date for full implementation of the… more

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City liable in… more

Scrambling After an Egg Crisis – EU Safety Guidance for Online Product Sales

EU food safety authorities are still feeling the repercussions of the insecticide-contaminated eggs crisis. That crisis highlights the many challenges of dealing with unsafe and non-compliant products in a single European market, such… more

Scrambling After an Egg Crisis – EU Safety Guidance for Online Product Sales

EU food safety authorities are still feeling the repercussions of the insecticide-contaminated eggs crisis. That crisis highlights the many challenges of dealing with unsafe and non-compliant products in a single European market, such… more

[Webinar] New Developments Impacting the Oil and Gas Industry - August 31st, 12:00pm ET

In this webcast, Diana Prulhiere and David Little will provide a high level overview of recent regulatory and litigation matters in Colorado affecting the oil and gas industry, as well as an update on recent regulatory developments at… more

What You Need to Know about Car Accidents in California

Car accidents in Woodland Hills can be minor, causing little to no damage to vehicles or injury to drivers and passenger. These accidents, though certainly an inconvenience, are a blip on the radar when compared to more devastating… more

Breaking news in NSW planning law - Greater Sydney and Wollongong Councillors to be excluded from all development decisions, and Staged Development legislation commences

The Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 (NSW) (the Local Planning Panel Act) and the Environmental Planning and Assessment Amendment (Staged Development… more

Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement

The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed his class… more

Cable Operators Reduced Franchise Fee to Municipalities Not Permitted - BB&K Attorneys Win in California Federal Court

For years, California cable operators have reduced the franchise fee paid to local governments by the amount paid to the California Public Service Commission. While a small amount for many communities, the deduction reduced municipal… more

Product Liability: Consumer Expectation and Risk Benefit

Kawika Demara, et al. v. The Raymond Corporation, et al. - California Court of Appeal, Fourth Appellate District (July 18, 2017) - Kawika Demara was a warehouse employee at the time his foot was crushed under the drive wheel of a… more

The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected Activity?

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws… more

New Cases Provide Mixed Messages to Conservation Easement Donors

Fifth Circuit encourages flexibility for conservation easement deductions in Bosque Mountain Ranch, while Tax Court makes it difficult for farmers in Rutkoske. Two important conservation easement were handed down last week… more

Oregon Employers Face Significant New Workplace Laws

There’s good news for Oregon employers about the recently concluded 2017 legislative session: unlike years past, there were only a very small number of workplace laws passed. In fact, the Oregon Legislature only passed four pieces of… more

The Earnhardts’ Race To the Courtroom: Who Will Get The Checkered Flag?

On July 27, 2017, the Federal Circuit decided Earnhardt v. Earnhardt, a trademark collision between two relatives of the famous race car driver, Dale Earnhardt. The case involved an appeal from a TTAB decision between Teresa Earnhardt… more

Two New Rule Amendments Proposed by Commercial Division Advisory Council

If you have ever looked at a contract’s New York choice-of-law provision or a status conference stipulation and thought to yourself, “Who wrote this darned thing?” then now is your chance to weigh in. The Commercial Division Advisory… more

PCT Filings: One Method to Seek International Patent Protection

Filing for patent protection with the USPTO is probably somewhat familiar to inventors and businesses here in the United States. However, the options for seeking international patent protections are probably less well known… more

New Property Tax Exemption for All South Carolina Manufacturers

The South Carolina Infrastructure and Economic Development Reform Act, 2017 Act 40, was recently enacted and is designed to enhance South Carolina’s economic competitiveness. The Act, commonly referred to as the gas tax bill, increased… more

Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and AFS’s lack… more

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