Latest Updates

Animal Feeding Operations Emission Estimation Methods: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 19th report titled: Eleven Years After Agreement, EPA Has Not Developed Reliable Emission Estimation Methods to… more

[Audio]The Data Report Special Edition: The Equifax Data Breach

Litigation attorney Jay Ward explores the massive Equifax data breach, which has affected as many as 143 million Americans, in this special edition of The Data Report. Jay summarizes what happened, explains the ramifications Equifax… more

Fate of Last-Minute Affordable Care Act Initiatives Uncertain

This week, the debate over the Affordable Care Act (ACA) gained new momentum in two separate, but connected channels. As the fiscal year (FY) budget reconciliation window enabling expedited passage of an ACA repeal draws to a close on… more

ERISA: Discovery of Claims Procedures to Assess Compliance with DOL Regulations? Not So Fast.

You know that failing to follow Department of Labor (DOL) claims regulations can result in the court using the de novo review standard, rather than the abuse of discretion standard in reviewing claim decisions… more

Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA's "Validation Notice" Requirement

The Third Circuit Court of Appeals recently reiterated how a debt collector may run afoul of the Fair Debt Collection Practices Act ("FDCPA") by sending a misleading follow-up, even if it served a compliant demand letter weeks earlier… more

Stout Issues Third Annual Warranty and Recall Report

Massive automotive recalls continue to grab headlines and raise concerns industry-wide. Recalls of light vehicles topped 50 million units in 2016, representing the third consecutive year of elevated – and record setting – automotive… more

Wisconsin Court of Appeals Green Lights Right-to-Work Law

On Tuesday, September 19, 2017, the Wisconsin Court of Appeals lifted an injunction entered by the lower court freezing enforcement of 2015 Wisconsin Act 1, Wisconsin’s “Right-to-Work” law, dealing a blow to unions across the state… more

Planning for the Approaching CEO Pay Ratio Disclosure Requirement

It appears likely that the CEO pay ratio disclosure rule adopted by the Securities and Exchange Commission in 2015 will require companies that are subject to the rule to begin including CEO pay ratio disclosure for 2017 compensation in… more

Interpretations of TC Heartland Add Uncertainty to Patent Litigation

In May 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods reversed more than 25 years of Federal Circuit precedent when it held that for venue purposes a corporation is resident only in its state of incorporation. In the… more

District Court Invalidates Wheat Ridge Anti-TIF Initiative

On September 8, 2017, a Jefferson County District Court ("Court") essentially struck down Ballot Question 300 (“BQ300”), approved by the Wheat Ridge ("the City") voters on November 3, 2015. The ballot question was an amendment to… more

A Void Default Judgment Is No Way To Establish Title

In a post from March of this year — Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment — we reviewed the recent decision from California’s Fourth District Court of Appeal, OC Interior Services, LLC v. Nationstar Mortgage, LLC… more

CyberSecurity Regulation Back on Center Stage After Data Breach

The issue of cybersecurity is back in front of Congress in the wake of the news of the data breach at Equifax Inc., which reportedly has affected approximately 143 million consumers. Various industry trade groups, including the… more

Temporary Worker Visa Update: USCIS Resumes Premium Processing for Cap-Subject H-1B Visas

On Monday, September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a news release announcing an immediate resumption of Premium Processing for all H-1B visa petitions subject to the fiscal year 2018 cap. As… more

Minnesota Court of Appeals Declines to Block Minneapolis Sick-Time Ordinance

The Minnesota Court of Appeals has ruled that the City of Minneapolis (“City”) may continue to enforce its Sick and Safe Time Ordinance (“Ordinance”) against employers that reside within city limits while a lawsuit challenging the… more

Default Judgment Entered for Intentionally Destroying Information in OmniGen Research v. Wang

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy of… more

Laying the Foundation for Success: Structuring the Board of Directors in a Family-Owned Business

The board sets the overall strategy and policies of the company, so your corporate governance foundation starts with structuring the board of directors. As the overall governing body, the board elects the officers of the company and… more

The Largest EMTALA Settlement Underscores the Difficulty of Treating Behavioral Health Patients in the Emergency Room

On June 2, 2017, Anderson, S.C.-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act (“EMTALA”). AnMed… more

California Countdown: Which Labor & Employment Bills Will the Governor Sign?

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon these… more

Financial Services Weekly News - September 2017 #2

Editor's Note - In This Issue. Federal banking agencies are seeking public comment on their proposed revisions to the Community Reinvestment Act (CRA), the Consumer Financial Protection Bureau (CFPB) released a small entity… more

District of Delaware “Clips”- Off Venue-Discovery for Medical Device Company but Allows It for Pharmaceutical Company

Boston Sci. Corp. v. Cook Grp., Inc., No. 15-980-LPS-CJB, 2017 U.S. Dist. LEXIS 146126, at *2 (D. Del. Sep. 11, 2017); Bristol-Myers Squibb Co. v. Mylan Pharm., Inc., No. 17-379-LPS, 2017 U.S. Dist. LEXIS 146372, at *3 (D. Del. Sep… more

Lender-Affiliated Captive Reinsurer Obtains Dismissal Of Mortgage Insurance Lawsuit Brought By Illinois Director Of Insurance

The suit arose out of an arrangement where lenders would refer borrowers to (now-defunct) Triad Guaranty Insurance Company (Triad) to obtain private mortgage insurance. The lender-affiliated captive insurance company would then… more

Sustainable Development Update - September 2017 #3

Sustainable Development Focus - Cal State Long Beach adds solar panels on campus - Long Beach Post - Sep 15 - To advance toward a goal of carbon neutrality on campus by 2030, Cal State Long Beach (CSULB) recently completed… more

How will the extended SMCR apply to NEDs?

The Financial Conduct Authority (FCA) has consulted on the way in which the senior managers and certification regimes (SMCR) will be rolled out to all authorised firms, probably from next year. From the inception of the SMCR, the FCA… more

Global Employment Law Update - September 2017

Family benefits and discrimination - In this edition of our Global Employment Law Update we look at the provision of different types of maternity, paternity and family leave across the jurisdictions, highlighting areas where there… more

Top 10 Takeaways from the 2017 Allen Matkins View From the Top

Allen Matkins hosted its 10th annual View From the Top, packed with insider industry knowledge of the California and national real estate market. Juxtaposed with the Allen Matkins/UCLA Anderson Forecast California Commercial Real… more

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty… more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-029, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Gardendale, Gardendale AL: Proposes to expand the existing ESRD Treatment Center by adding six (6) in-center… more

Seventh Circuit Upholds Exclusion of Expert Testimony that “Cumulative Exposure” Equals Causation in Asbestos Cases

An essential element in an asbestos case is proof that an exposure to a particular defendant’s product is a substantial factor in causing the injury. To satisfy their burden, plaintiffs rely upon testimony from experts. Most often… more

Operação Lava Jato – Considerações sobre Asilo Político para Brasileiros nos Estados Unidos

Panorama - Quando eu me formei na Academia Militar dos Estados Unidos em 1982, minhas aspirações acadêmicas e profissionais estavam vinculadas a meus estudos de idiomas em West Point – espanhol e português. Quando fui Oficial do… more

Privacy Tip #106 – Online Romance Scams

I haven’t been in the dating scene for decades but I know it sure has changed. Millions of people participate in online dating, and I even know several couples who have found their significant other using online dating platforms… more

Governor Scott Creates New Generator Obligation for Senior Living Facilities

Following the tragic deaths of eight people at the Rehabilitation Center at Hollywood Hills in Broward County, Governor Rick Scott has directed the Florida Agency for Health Care Administration (AHCA) and Florida Department of Elder… more

More “Additional Insured” heartache

We’ve chronicled some of the ways in which an “Additional Insured” can be disappointed. The most recent is from Pennsylvania, where the United States District Court Judge agreed with the Magistrate that the Additional Insured — Dick’s… more

Client Alert: FTC Gives Guidance in Slaying the Data Breach Dragon

The FTC has recently provided specific guidance on what it considers appropriate data breach protection activity by financial institutions. Such guidance came by virtue of a proposed consent order, dated August 29, 2017, specifically… more

USCIS Policy Changes Impacting Green Card Filings

USCIS has recently enacted two policy changes in regards to permanent residency applicants applying for Adjustment of Status (AOS). These changes impact applications for Advance Parole Travel Authorization (AP) as well as requirements… more

When Surety Bond Incorporates the Subcontract by Reference, Is the Subcontract’s Arbitration Clause Also Incorporated? Federal Court in South Carolina Says Yes; Federal Court in Kansas Says No — In Two Matters Involving the Same Parties

Developers Sur. & Indem. Co. v. Carothers Constr., Inc., 2017 U.S. Dist. LEXIS 111021 (D.S.C. July 18, 2017); Developers Sur. & Indem. Co. v. Carothers Constr., Inc., 2017 U.S. Dist. LEXIS 135948 (D. Kan. Aug. 24, 2017) - Two recent… more

[Webinar] Everything You Need to Know About Certifying your UAS! - October 4th, 1:00pm ET

With Part 107 firmly behind us, attention is now focused on the complexity of UAS operations. In our last webinar, we saw how much we can do with a waiver, but commercial exploitation of advanced capabilities, such as, fully autonomous… more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using predominantly… more

Hurricane Irma Damage — Stress and hard work are in front of us

We are all tired of hearing about Hurricane Irma, but I am afraid we have only just begun. I worked for the insurance industry, adjusting a variety of claims, for over 16 years and handled thousands of property damage claims… more

Second Circuit Not Troubled By Error on Notice of Appeal Form, Proceeds To Decide The Appeal

On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to review a… more

México: Se modifica la norma NOM- 006-STP-2014 sobre el manejo y almacenamiento de materiales

El pasado 18 de septiembre de 2017, se publicó en el Diario Oficial de la Federación, el acuerdo por el que se modifica la Norma Oficial Mexicana NOM- 006-STP-2014 --- sobre el manejo y almacenamiento de materiales como parte de los… more

SEC Chair Clayton’s Statement on Cybersecurity: EDGAR was Hacked

SEC Chairman Jay Clayton today issued an unusual statement highlighting the importance of cybersecurity to the agency and market participants, and detailing the agency’s approach to cybersecurity as an organization and as a regulatory… more

Yonkers Wins Below: Appeal Pending

The Islamic Community Center for Mid Westchester (“ICCMW”) has appealed the decision of the Southern District of New York that held ICCMW’s claims were not yet ripe for review and ICCMW did not have the right to supplement its… more

Section 7C

Raising the red flag on low interest and interest free loans to trusts - Over the years, trusts have consistently proved to be a reliable and attractive vehicle for many, offering flexibility and benefits with regard to estate… more

European Court Restricts Employer Access to Employee’s Private Communications

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear that even… more

New California Tax Agencies’ Roles Clarified

On September 16, 2017, California Governor Jerry Brown signed Assembly Bill (A.B.) 131 into law, making various changes to the Taxpayer Transparency and Fairness Act of 2017 (Act) enacted on June 27, 2017. The Act overhauled the… more

Pensions Round-Up - July/August 2017 (UK)

Welcome to the latest edition of Pensions Round-Up which provides an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key developments from the second half of July 2017 and… more

Before Franchising Your Business, First Consider These Factors

Franchising is so much more than casual burger chains with drive through windows and dollar menus. It’s an industry that incorporates a wealth of blue and white collar services; distributes both high- and low-end products (consumables… more

Surviving Alice with an Appeal

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s recent… more

Tenth Circuit Indicates Mandatory Pre-Shift Briefings Are Compensable Time Under the FLSA

On September 14, 2017, the Tenth Circuit Court of Appeals provided employers with further guidance regarding the compensability of pre-shift tasks under the Fair Labor Standards Act (“FLSA”). Specifically, in Jimenez, Bustillos, et al… more

This Year’s Diversity Visa Lottery Opens Oct. 3—For Possibly the Last Time?

The U.S. State Department recently announced that it will begin accepting applications for this year’s Diversity Immigrant Visa Program—commonly referred to as the diversity visa (DV) lottery system—starting on Tuesday, October 3… more

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