Latest Updates

The OCC Takes Initiative on Seeking Public Comment for Changes to the Volcker Rule

The Office of the Comptroller of the Currency (OCC), which regulates national banks and, as such, is responsible for administering the Volcker Rule with respect to the largest banking entities in the United States, has released a… more

New Guidance on Coverage for Eating Disorders

The Departments of Labor, Treasury, and Health and Human Services recently released a frequently asked question (“FAQ”) regarding the implementation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act… more

Less ‘boondoggle’, more ‘fair, reasonable and proportionate’: the use of corporate monitors in UK Deferred Prosecution Agreements

A common feature of corporate criminal disposal in the US for several decades, the use of corporate monitors in the UK in the same period has been, at best, sporadic. This was expected to change with the introduction of Deferred… more

Polsinelli/TrBK Distress Indices Show Healthcare Distress at Record High

We're pleased to announce the release of the Polsinelli|TrBK Distress Indices for the Second Quarter of 2017. Polsinelli, with data provided exclusively by TexHost, LLC d/b/a TrollerBk.com, publishes the Indices on a quarterly… more

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

The Scenario - Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the… more

Recess Update on the Affordable Care Act and Its Repeal and Replacement

The momentary lull in congressional activity on health care provides an opportune time for an update on the efforts to repeal and replace the Affordable Care Act (ACA)… more

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less Protections for California Public Agencies

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus tree… more

Hello & Goodbye: More Changes at the NLRB

As we previously reported, President Trump nominated two candidates for vacancies on the five-member National Labor Relations Board – William Emanuel and Marvin Kaplan… more

The ABC's of ACV in Subrogation Claims

Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages demanded, and contend that they only owe “Actual Cash Value”… more

Second Circuit Ruling Creates Challenge for Securities Class Action Plaintiffs

The Second Circuit recently considered the extraterritorial application of the U.S. securities laws in the private securities class action context, bringing some clarity to an area of the law that is increasingly important given the… more

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the… more

Series: Defend Trade Secrets Act | Pleading A Claim Under the DTSA

Courts have had over a year to address the pleading requirements under the federal Defend Trade Secrets Act (“DTSA”), after it took effect in May 2016. The general pleading standard remains the plausibility test under the Supreme… more

Your Daily Dose of Financial News

As expected, Wells Fargo has promoted former Fed governor and current vice chair Elizabeth Duke to succeed Board chair Stephen Sanger. Incredibly, the move makes Duke the first woman to hold the top spot at one of the country’s largest… more

Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to confer Article… more

Quebec Amends its Energy Efficiency Regulations and Moves Towards Implementation of 2030 Energy Policy

On August 15, 2017, the Regulation respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances (Quebec Regulations) was amended in order to eliminate and reduce disparities with the energy efficiency regulatory… more

CFPB warns consumers about debt relief/settlement companies

Last week, the CFPB published a blog post with tips for consumers facing a cash flow emergency. We were glad to see that the blog post included a warning to consumers about debt relief or settlement companies… more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s business and… more

ATTENTION PROPERTY OWNERS: Your 2017 Property Tax Notices Have Been Mailed To You!

By now, all 67 Property Appraisers in Florida have finalized the 2017 valuations for property taxes. Truth in Millage (TRIM) notices have been sent to all property owners, so these notices have either been received or will be waiting… more

Still “Up in the Air”: More Drones and More Regulations

In a previous post, we wrote about drones (which are more formally referred to as “unmanned aircraft systems” or UAS), as well as the nascent federal and state statutory and regulatory. Since our last article, drone use – as… more

University Of Arizona Museum Of Art Reunited With Stolen de Kooning

In recent news, an original Willem de Kooning known as “Woman-Ochre” was found at an estate sale by owners of Manzanita Ridge Furniture & Antiques, a New Mexico furniture and antiques shop (the owners include Buck Burns, Rick Johnson… more

When is July 4 this year? When is North Carolina’s FIRST TUESDAY Lottery? and Descriptiveness

In In re North Carolina Lottery, [2016-2558] (August 10, 2017), the Federal Circuit affirmed the refusal of registration of FIRST TUESDAY in connection with lottery services and games on the first Tuesday of each month… more

SEC Watch: “Observations” from SEC’s Cybersecurity 2 Initiative

Last week, the U.S. Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released its “Observations from Cybersecurity Examinations” conducted pursuant to OCIE’s “Cybersecurity 2… more

LIBOR Replacement Plans Bring Regulatory Considerations for Derivatives

Plans to end the long reign of the London Interbank Offered Rate (LIBOR) as one of the world's most often-used interest rate benchmarks have recently been confirmed by several top financial regulators. On July 27, 2017, Andrew Bailey… more

3 Things to Know when Taking Depositions in Taipei (Updated)

Many depositions are taken yearly in Taiwan, mainly in the cities of Hsinchu, Taichung, and Taipei, the nation’s political, economic, and cultural center. Naturally, Taipei has all the amenities necessary to comfortably host… more

California Department of Business Oversight wins award for process improvements

On July 28, 2017, California Governor Jerry Brown’s Office of Business and Economic Development recognized the California Department of Business Oversight for a successful Lean Six Sigma project that dramatically reduced the processing… more

Ford Motor Company to Pay up to $10.125 Million To Settle EEOC Harassment Investigation

Blacks and Women Subjected to Harassment at Two Chicago Facilities, Federal Agency Found - CHICAGO - Ford Motor Company has agreed to pay up to $10.125 million to settle sex and race harassment for a group of individuals which was… more

Employer Be Careful - Noncompliance Events Will Be Published

The Chinese Ministry of Human Resources and Social Security (“MHRSS”) implemented the Measures on Publication of Significant Violations of Labor and Social Security Laws (“Measures”) effective January 1, 2017. The Measures require… more

Arbitration Award Consistent with the One Day Rest in Seven Act

In Mondelez Global LLC v. International Association of Machinists and Aerospace Workers District No. 8, an employer prohibited its unionized employees from working seven consecutive days without a 24-hour rest period. The employer… more

Next SEC Advisory Committee Meeting Scheduled

The SEC Advisory Committee on Small and Emerging Companies will hold its next meeting on Wednesday, September 13, 2017 at 9:30 a.m. ET… more

The FTC and Industry Propose Best Practices for IoT Security Updates

How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This question… more

Leadership Lessons from James Madison

I continue my leadership series based upon the lives of US Presidents by looking at leadership lessons from the fourth President, James Madison. Madison lived a life full enough for several people. He served as both a member of the… more

340B Covered Entities Beware: CMS Proposes Drastic Drug Reimbursement Rate Cuts

In its Outpatient Prospective Payment System proposed rule ("Proposed Rule"), CMS outlined a significant Medicare Part B payment reduction for separately payable, nonpassthrough drugs provided in the hospital outpatient settings. You… more

Federal Government to Target False EHR Incentive Payments

While health care reform remains bogged down, the federal government’s efforts to curtail fraud, waste and abuse in its health care programs fervently continues. Most recently, the U.S. Department of Health and Human Services’… more

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31… more

Three Takeaways From The Disney/Netflix Split

The media community has been buzzing with the news that Disney plans to launch its own digital subscription channel for movies and series content. Its current license deal with Netflix expires at the end of 2018, after which new Disney… more

OSHA To Hold Second Public Meeting To Discuss Voluntary Protection Programs

As generally expected under a Republican administration, OSHA appears more focused on compliance and a collaborative working relationship with businesses. As part of this strategy, OSHA recently announced it will hold its second public… more

Is the Shipping Industry Ready for UK Gender Pay Gap Reporting?

It’s an acknowledged fact that women are significantly underrepresented in the shipping industry – accounting for just 2% of the workforce globally. As major companies begin to publish data about their gender pay gaps, following the… more

Eight United States Senators Implore NCAA To Adopt ‘Uniform Policy’ On Sexual Assault

On the heels of the NCAA’s Board of Governor’s recent policy announcement requiring college coaches, athletics administrators and student-athletes to be educated in sexual violence prevention, eight United States Senators have… more

Alza Corp. v. Amneal Pharmaceuticals of New York, LLC

Case Name: Alza Corp. v. Amneal Pharmaceuticals of New York, LLC, Civ. No. 16-cv-914-RGA, 2017 U.S. Dist. LEXIS 53551 (D. Del. Apr. 7, 2017) (Andrews, J.)… more

Senior Managers and Certification Regime Extension

The UK Financial Conduct Authority (FCA) has published its long-awaited consultation paper on extending the senior managers and certification regime (SMCRE) to all authorised firms. A separate consultation paper has been published for… more

Salary History To Ask or Not To Ask

The question of salary history has long been a topic of disagreement between employers and their prospective employees. One party wants to know, while the other prefers not to tell. Both have what they consider to be valid reasons for… more

More speculation about Director Cordray’s resignation

On July 20, we reported that Director Cordray is scheduled to give a speech at the September 4 Cincinnati AFL-CIO Labor Day picnic.  Assuming the speculation that Director Cordray plans to run for Ohio governor is accurate, that event… more

For Me? You Shouldn't Have! - Legal Considerations for Gifting

While usually synonymous with one's birthday or the holidays, lifetime gifts can also serve an important role in one's estate planning. In its simplest form, gifting provides for a transfer of wealth and assets from one individual to… more

FEMA's 60-Day Appeal Deadlines Now Strictly Enforced Against Applicants and State Grantees

Applicants for federal disaster assistance under the various programs administered by the Federal Emergency Management Agency (FEMA) are not without recourse when FEMA denies or determines to later take back (deobligate) funding… more

State Official Charged With Taking Bribes In Connection With $1 Billion Healthcare Fraud Scheme

On July 22, 2016, the Department of Justice announced the indictment of the owner of more than 30 Miami-area skilled nursing and assisted living facilities, a hospital administrator, and a physician’s assistant in connection with an… more

Government Announces Proposals for a New Data Protection Bill

The government has released a Statement of Intent (“the Statement”) for a new Data Protection Bill (“the Bill”). The Bill was originally announced in the Queen’s Speech earlier this year. This Statement provides further detail on the… more

Menu Labeling Litigation Update: FDA Files Motion to Dismiss Suit Challenging Agency’s Rule Delay, Urges Southern District to Block New York City’s Rule

This week, there were developments in two menu labeling lawsuits about which we reported previously: a lawsuit challenging the U.S. Food and Drug Administration’s (FDA or the Agency) delay of its menu labeling rule, and a lawsuit filed… more

Securities regulators provide enhanced guidance on material conflict of interest transactions

On July 27, 2017, staff of securities regulatory authorities in each of Ontario, Québec, Alberta, Manitoba, and New Brunswick (together, Staff) published a notice (Notice) setting out the recent experiences and approach of Staff in… more

Tracking the Importance of Recusals in Criminal Cases (Part 2)

Yesterday, we began our review of the Court’s experience with recusals in criminal cases. Today, we conclude our review with a look at the most recent years. First, let’s look at the importance of recusals in criminal cases for the… more

Governors of 38 States Join a Cybersecurity Compact

On July 16, 2016, the chair of the National Governors Association (NGA), Governor Terry McAuliffe (D-VA), unveiled his 2016-2017 initiative, Meet the Threat: States Confront the Cyber Challenge. Over the past year, the initiative has… more

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