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Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under the Labor…more

How Google Determines Law Firm Local Rankings

Even though a large part of what local searchers see is due to their physical location, there are still things attorneys can do to improve their local ranking[1]. Google relies on complete and accurate information, robust review data…more

Manatt on Health Reform: Weekly Highlights - May 2016

CMS encourages access to Medicaid for eligible inmates transitioning to their communities, while New York seeks to extend Medicaid coverage to eligible inmates in the days prior to release; Pennsylvania seeks to shift $6 billion…more

EEOC Obtains Over $66,000 from Moonshine Group and True Country for Pregnancy Discrimination

Tempe Bar Fired Bartender Because She Was Pregnant, Federal Agency Charged - PHOENIX - The owners/operators of the Moonshine Whiskey Bar in Tempe, Ariz., will pay $66,000 and furnish other relief to settle a pregnancy…more

What You Need to Know About Federal Trade Secret Protection

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama is expected to promptly sign. The DTSA has been described as the most significant expansion of federal law in intellectual property since the…more

OSHA Releases Two More Temporary Worker Guidance Documents

Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for temporary employee’s safety and health in two new guidance documents relating to…more

Westeros Might Have Benefited From Recent Trends in Paid Family Leave

Game of Thrones, one of my favorite shows, most recently returned for its sixth season. Don’t worry, no spoilers here if you haven’t seen the first couple of episodes of this season. However, if you haven’t noticed, one of the…more

Panama Papers Scandal Puts Third Party Risk in Focus

The Panama Papers scandal should serve as a wake-up call for every organization—and it should prompt compliance officers to closely scrutinize the third party vendors they do business with…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles: April 2016 - Issue 4: Luxembourg

CSSF Press Release 16/17 on Global Situation of UCIs and SIFs at the End of February 2016 - CSSF press release 16/17 of 31 March 2016 summarizes the global situation of Undertakings for Collective Investment and Specialised…more

Recap: Powell’s Book’s | The Rise of an Empire

“If you give the business to my brother, you will never see your grandchildren again.” When Michael Powell heard that description of a family business succession plan gone wrong from another family in the area, he decided to do it…more

TIME OFF: LA Hotel Worker Ordinance is About More Than Just Wages

As has been widely publicized within the hospitality industry, the Los Angeles City Council approved the Citywide Hotel Worker Minimum Wage Ordinance (Ordinance) in September 2014. The Ordinance required hotels with at least 300 guest…more

Estate Planning, Wills and Trusts: Importance of Considering the Internet and “Digital Assets” in Estate Planning

“Forgot your ID or password?” Everyone using the Internet has probably been asked and answered “Yes” to this question. That usually means having to take the time to answer more questions or search for information needed…more

Ninth Circuit Upholds Ruling in Favor of CFPB against Lawyer in Mortgage Relief Scam, Rejects Constitutional Challenge to Director Cordray's Recess Appointment

The Ninth Circuit recently considered arguments relating to an enforcement action brought by the Consumer Financial Protection Bureau (CFPB) against a California attorney who was offering loan modification services. The CFPB sought…more

Avoiding a Messy Break-Up: How a Firm’s Investigation Can Deflect a Financial Advisor’s Form U-5 Defamation Claim

Breaking up is hard to do. In the investment industry, it can be even harder because one half of the couple needs to publish the reasons for the break-up. When a registered representative separates from a broker-dealer or an…more

Avago Technologies General IP (Singapore) Pte Ltd. v. Asustek Computer, Inc. (N.D. Cal. 2016)

"Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible - On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying a Motion…more

Senate Version of Federal Aviation Administration Reauthorization Preempts Local Drone Regulations

On March 17, 2016, the Commerce, Science and Transportation Committee of the United States Senate approved amendments to the most recent funding legislation for the Federal Aviation Administration (“FAA”), the FAA Reauthorization Act…more

MA Changes Shift Funding and Add Uncertainty to Already Complex Payment Methodologies

In Depth - The Centers for Medicare & Medicaid Services has enacted significant changes to Medicare Advantage (MA) payment methodologies that will shift payment towards MA organizations (MAOs) enrolling significant numbers of…more

EEOC Stresses Title VII Bars Discrimination against Transgender Workers, Including Regarding Bathroom Access

The Equal Employment Opportunity Commission’s new fact sheet focuses on bathroom access and reminds employers that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights Act, and…more

“Ban the Box” Gains Momentum, At Least with Public Employers – Tennessee Becomes Latest State to Bar State Agencies from Asking Applicants About Criminal Histories

Tennessee has become one of the latest states to “ban the box,” joining a growing list of jurisdictions barring employers from asking about job applicants’ criminal histories. As of April 18, 2016, a total of 23 states and more than…more

Discovery Dispute Regarding Key Word Searches Is Granted In Part And Denied In Part

Plaintiff requests that defendant search its database for documents containing the following terms: charge sharing, power race, contention, and short circuits and their synonyms. Plaintiff justifies this discovery on the basis of…more

Summary Judgment Upheld In Avatar Creators’ Favor After California Appellate Court Determines That Film Is Not Substantially Similar To Plaintiff’s Sci-Fi Work

James Cameron’s 2009 box-office hit Avatar is the subject of a California idea submission lawsuit that was decided in Cameron’s favor both at the trial and appellate level, in Eric Ryder v. Lightstorm Entertainment, Inc., et al., Case…more

[Webinar] Robins Kaplan Tribal Litigation Update: How Tribes may be able to recover damages from recent anti-trust lawsuits - May 18th, 1:00pm CST

On July 13, 2012, Robins Kaplan LLP reached a $7.25 billion settlement with Visa, MasterCard and major US banks for alleged anticompetitive practices and price fixing in setting credit card interchange fees. One of the lead attorneys…more

Getting Started with E-Rate

Public schools and libraries in the U.S. can save a lot of money on Internet service by applying for the Schools and Libraries Program, a federal subsidy better known as E-Rate. E-Rate funding, capped yearly at $3.9 billion, helps…more

[Webinar] The LMIA Process and Taking Advantage of CETA - Meritas Capability Webinar - May 11th, 10:00am U.S. CDT

The Government of Canada and the European Union will soon implement CETA, a free trade agreement allowing Canadian businesses to accelerate the trade of their goods, services and labour…more

Update: Transfer Pricing and Customs Valuation Case Study Published on WCO Website

On 29 April 2016 the World Customs Organization (WCO) published the full text of a case study where Customs takes into account a company's transfer pricing study based on the transactional net margin method (TNMM) in concluding that…more

Summary Judgment Motions Regarding Written Description And Enablement Are Denied

Plaintiff filed this action to review the final decision and judgment of the Board of Patent Appeals and Interferences. Plaintiff’s motion for summary judgment that its priority date with respect to the count is no later than June 5…more

Attorneys Pay Heavy Price for Block-Billing

Lawyers are aware of the increasing sensitivity—and hostility—of clients to block-billing: lumping more than one activity into a single time entry. A new Fifth Circuit decision shows that courts can be equally sensitive—and hostile—to…more

Guest Privacy a Hot Button Issue in Wake of $55 Million Erin Andrews Verdict

On March 7, 2016, a Nashville, Tennessee jury awarded sportscaster Erin Andrews $55 million in a civil lawsuit against Marriott related to the secret recording of a nude video filmed during her stay at one of their hotels. This verdict…more

Patents-In Suit In ANDA Trial Are Non-Obvious

A 6-day bench trial was held from April 6-14, 2015. After trial, the court entered stipulations and orders regarding infringement of certain claims of the ‘178 and ‘206 patents. The court rejected defendant’s claim that the…more

Nebraska Amends Data Breach Notification Law

On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law. The Amendment included a variety of changes, including a regulator notification requirement and broadens the…more

NGOs Call for Actions, Not Words, from the EC on Nanotechnology

On April 26, 2016, a group of non-governmental organizations (NGO), consumer groups, and research organizations issued a press release expressing “disappointment with the European Commission’s [(EC)] continuing failure to propose…more

Post-Trial Finding Of Non-Obviousness Issues

A 6-day bench trial was held from April 6-14, 2015. The court considers post-trial findings of fact and conclusions of law relating to validity of U.S. Patent No. 8,613,950 challenged by defendant on the basis of obviousness. The…more

NC Supreme Court Reaffirms Strict Blue Pencil Doctrine for Restrictive Covenants

The North Carolina Supreme Court recently reaffirmed that the power of North Carolina courts to “blue pencil” restrictive covenants is extremely limited, even when an agreement purports to give a court express authority to revise and…more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from March 15 - April 15, 2016. Latin America continues to focus on product stewardship initiatives covering a host of issues. This month we see new green-marketing proposals in…more

Claims Are Construed In Glass Manufacturing Process Case

The disputed technology relates to glass manufacturing. The following terms were considered: - “mixed color cullet” - “unsorted”…more

5 Tips to Build Strong Relationships with Investors

The startup founder/investor relationship is a marriage of sorts. Like any long-term union, there are ups and downs, and it requires effort and commitment to maintain a strong and lasting relationship. When the connection between…more

Balancing Transparency and Secrecy in Class Action Settlements

Companies have the right to protect their trade secrets against public disclosure, while class action members (and the judges who must determine the fairness and adequacy of proposed class action settlements) have the right to know the…more

OFAC Updates Cuba-Related Frequently Asked Questions

On April 21, OFAC updated its list of frequently asked questions related to Cuba. The updated document includes eight new FAQs clarifying (i) that Section 515.584(d) of the Cuban Assets Control Regulations (CACR) permits authorized…more

CFPB publishes two resources for small creditors

The CFPB recently published a fact sheet for small creditors operating in rural or underserved areas. As we have reported, the CFPB issued a final rule, which became effective on January 1, 2016, revising the definitions of “small…more

Healthcare & Life Sciences Private Equity Deal Tracker: Warburg Pincus Acquires DocuTAP

DocuTAP has announced that it has been acquired by Warburg Pincus. DocuTAP, based in Sioux Falls, S.D., is a provider of urgent care technology, including software for electronic medical records, practice management and revenue…more

Another Warning to Mind the Non-GAAP

As we have previously reported, over the past few months, SEC officials and numerous other observers have voiced concern about the pervasive and, perhaps abusive, use of non-GAAP financial measures by public companies. Continuing on…more

Shelltime 4 – who bears risk of arrest?

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended SHELLTIME…more

When “Shhh” turns to “Oh $%*#!” – No Pseudonyms for Ashley Madison Plaintiffs

Nothing good has come from the Ashley Madison hacking incident, except hopefully some well-deserved apologies to loved ones. Now the E.D. Mo. Court hearing the In Re Ashley Madison Customer Security Breach Litigation, MDL No. 2669, has…more

Release From Work Granted As From The Invitation To The Preliminary Meeting: Importance Of Wording! / Dispense Accordée Dès La Convocation À L’entretien Préalable : Attention À La Formulation !

The release from the obligation to work is only legally foreseen once the dismissal has been notified. Within the framework of a dismissal with notice, an employer may, for confidentiality reasons, want to release an employee from…more

Esquivel v. City of Yuma

Jones, Skelton & Hochuli attorneys Michele Molinario and Amelia Esber prevailed by summary judgment in a 42 U.S.C. § 1983 civil rights action against the City of Yuma and one of its law enforcement officers. This case involved the use…more

TRANSCRIPT: “TSCA Reform: What’s Happening, and What’s Next?”

As we are poised to witness the reauthorization of the Toxic Substances Control Act (TSCA) -- the first revision of our domestic chemical management law in 40 years -- stakeholders will need immediately to understand what the "new…more

CMS Issues Proposed Rule to Cast a Wide Program Integrity Net

On March 1, 2016, the Centers for Medicare & Medicaid Services (“CMS”) quietly issued a proposed rule that would give the agency far-reaching tools in the area of program integrity enforcement. On its face, the Rule addresses…more

SEC Prevails In Jury Trial Against Former CEO of Drug Firm

The SEC prevailed at trial against the former CEO of a biopharmaceutical company on claims that he made false and misleading statements regarding the regulatory approval status of the firm’s only drug. Following a two week trial the…more

Ashley Madison Update: Hacked Data Is Off-Limits

On April 29, 2016, Judge Ross issued his ruling on Ashley Madison’s motion for a protective order, prohibiting Plaintiffs from using the leaked documents, reports quoting the leaked documents, and information “stolen from Avid” in…more

Massachusetts Gaming Update: Commission Rejects Application for Resort Casino in Brockton

The wait is over and the decision is in. On Thursday, April 28, the Massachusetts Gaming Commission voted 4-1 against awarding a commercial license to Mass Gaming & Entertainment, LLC to build a resort casino in Brockton. After…more

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