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San Francisco Enacts Nation’s First Fully Paid Parental Leave Ordinance

Effective January 1, 2017, San Francisco is scheduled to become the first city in the United States to require fully paid parental leave. The Paid Parental Leave Ordinance (the Ordinance) was passed unanimously by San Francisco’s Board…more

FERC relicensing and annual licenses

What happens when the holder of a hydropower license applies to the Federal Energy Regulatory Commission for a new license, but the original license expires before the relicensing case is resolved? Depending on which federal laws and…more

Layoffs Without WARN-ing: How to Use the Unforeseeable Business Circumstance Exception

A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and…more

Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

As we reported last year, in October 2015 the Consumer Financial Protection Bureau published an outline of proposals that would limit the use of arbitration provisions in contracts for consumer financial products. On May 5, 2016, the…more

UK Government Consults on Draft Innovation Plan for Financial Services

The UK Government launched a consultation on a draft innovation plan for financial services. The innovation plan covers the work of each of the financial services regulators – the Financial Conduct Authority, the Payment Systems…more

Statistical Sampling in FCA Case Under Review by 4th Circuit Court of Appeals

The issue of using statistical sampling in federal False Claims Act (FCA) cases has come to the fore in the 4th Circuit Court of Appeals, following a U.S. District Court decision denying its use in a case brought in South Carolina…more

Trademark Litigation Keeps Getting Cheaper (If You Win)

Slowly but surely, the extension of the Supreme Court’s 2014 Octane Fitness v. LLC v. Icon Health and Fitness, Inc. decision to trademark claims is gaining traction among federal appellate courts. The Octane Fitness decision addressed…more

The DOL’s New Fiduciary Rule: The Details on Disclosure

As discussed in our publication dated April 14, 2016, the final Department of Labor fiduciary rule provides for two new prohibited transaction exemptions, the Best Interest Contract Exemption (the “BIC Exemption”) and the Principal…more

Insurers Gain Additional Dismissals in the Florida Auto Body Action

In early 2014, a group of Florida auto body shops sued the leading auto insurers in their state, alleging that the insurers had conspired to suppress the amounts the auto body shops received in reimbursement rates. The case, A&E Auto…more

The World Bank Sanctions System & Anti-Corruption Efforts

In this Q&A, CREATe’s anti-corruption expert Leslie Benton talks with the World Bank’s Pascale Hélène Dubois about a topic that was covered in a webinar on April 22nd, entitled Hot Topics in Anti-Corruption Enforcement and Compliance…more

Lessons from eMerge: The Communication Decency Act, A Tool Against Cyberbullying

The 3rd annual eMerge conference hosted a list of speakers as diverse as Miami. Among them, Colin Powell, Tony Hawk, Pitbull, and Monica Lewinsky. Just last year, Ms. Lewinsky broke her public silence when she gave a well-received talk…more

Consumer VPPA Class Action Against CNN Dismissed

The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News Network, Inc.…more

Orrick Alert: Congressional Move May Significantly Affect Activist Strategies - Schedule 13D: Congressional Move May Significantly Affect Activist Strategies

In March, a group of Democratic senators introduced legislation, currently sitting with the Committee on Banking, Housing and Urban Affairs, to tame the purported disclosure skullduggery of activist investors through: Shortening…more

Trusts and Estates Group News: Estate Planning Enters the Digital Age

One reality of modern life is our increasing reliance on digital information and services. It’s difficult to take and then order prints of photographs, accumulate travel rewards, book travel, sort through financial records, communicate…more

FDA releases final guidance on menu labeling – new compliance date of May 2017 expected

The Food and Drug Administration has released its final guidance for industry on compliance with federal menu labeling laws. This highly anticipated document provides answers to many frequently asked questions and addresses topics such…more

Intellectual Property Alert: Federal Circuit Rejects Opportunity to Limit Patent Suits in Eastern District of Texas

On Friday, April 29, 2016, the Court of Appeals for the Federal Circuit deniedi TC Heartland LLC’s petition for a writ of mandamus to direct the United States District Court for the District of Delaware to either dismiss or transfer…more

Directors – Don’t Be at a Loss for Your D&O Coverage in Bankruptcy

As the spate of energy bankruptcies continues, trustees, shareholders, creditors, plaintiff’s firms and other interested parties are looking at ever more creative ways to maximize the recovery for their constituency or fight against…more

US Commodity Futures Trading Commission and US Securities and Exchange Commission Jointly Propose Guidance on Certain Natural Gas and Electric Power Contracts

The US Commodity Futures Trading Commission and the Securities and Exchange Commission jointly proposed guidance relating to the treatment of certain electric power and natural gas contracts. Specifically, the guidance proposes that…more

Rating Agency Developments

On April 22, 2016, DBRS published an updated report on rating Canadian Covered Bonds…more

Amending FIRREA: An Alternative Proposal

Near the end of his tenure, Attorney General Eric Holder publicly raised the prospect of amending FIRREA—the Financial Institutions Reform, Recovery, and Enforcement Act of 1989—to increase the incentives for blowing the whistle on…more

Privacy Tip # 33 – Shopper tracking billboards

I have commented before on the use of location based services on mobile telephones and that apps (and your telecommunications provider) use and sell your location data for all sorts of purposes without your knowledge. The choice is…more

CFPB issues proposed rule to prohibit class action waivers in consumer arbitration agreements

As widely anticipated, the CFPB announced at its field hearing today in Albuquerque, New Mexico that it is proposing regulations that would prohibit covered providers of certain consumer financial products and services from using an…more

CFPB Publishes Proposed Rule Banning Pre-Dispute Arbitration Agreements in Consumer Class Actions

This week, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposed rule which would prohibit application of pre-dispute arbitration agreements to class litigation involving a broad range of consumer financial…more

Ninth Circuit Affirms Use of Time Card Rounding

In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the U.S. Ninth Circuit Court of Appeals confirmed that - despite the technology available in today's workplace - employers can still use rounding to track employee…more

Employer's Anti-Discrimination Complaint Process May Toll the Statute of Limitations Under the Minnesota Human Rights Act

Recently, the Minnesota Court of Appeals, in Peterson v. City of Minneapolis, ruled that a complaint process in an employer’s anti-discrimination policy may toll the statute of limitations under the Minnesota Human Rights Act (MHRA)…more

2016 New Mexico Legislative Update

The 2016 New Mexico Legislature convened on January 19 and adjourned on February 18. This legislative session was limited by the New Mexico Constitution to “budgets, appropriations and revenue bills; bills drawn pursuant to a special…more

Client Alert: CMS Issues Rule Proposing New Approach to Paying Clinicians for Value and Quality

On April 16, 2015, President Obama signed the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). Among other things, MACRA: 1) repealed the Sustainable Growth Rate that was applicable to the Medicare Physician Fee…more

Do You Really Think the Supreme Court Had This in Mind…

When the Supreme Court invalidated the hedging claims in the Alice decision, do you think they had any idea the decision would lead to the following claim being invalidated as being directed to an abstract idea? 1. A system for…more

Financial Crimes Enforcement Network Director to Step Down

Jennifer Shasky Calvery announced that she will step down as Director of the US Treasury Department’s Financial Crimes Enforcement Network at the end of May. She has served as FinCEN Director since September 2012. FinCEN has not…more

"Brexit Bites": Intellectual Property Rights

This is the sixth in our series of "Brexit Bites" which focuses on Intellectual Property. Registered Trade Marks - Post-Brexit, the UK would no longer be part of the European Union Trade Mark (EUTM) system, formally known as…more

Canada's PIPEDA: consultation opportunity for data breach reporting regulations

The Canadian government continues to move forward with the regulation development process relating to data breach reporting…more

Energy Information Administration: Natural Gas from Hydraulically Fractured Wells Accounts for Two-Thirds of Total U.S. Production

“Based on the most recent data from states, EIA estimates that natural gas production from hydraulically fractured wells now makes up about two-thirds of total U.S. marketed gas production. This share of production is even greater than…more

Bumpy Road to Start the Legislative Session

Jones Street is like a gravel road right now – BUMPY! Just a month ago, in a rare move, the General Assembly called itself into session for one day to enact House Bill 2 which is now referred to as the “Bathroom Bill”. The new law has…more

Long Awaited Eagle Rule Revamp Out for Public Comment

On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published its proposed revisions to the Bald and Golden Eagle Protection Act (“BGEPA”) permit program.  The stated intention of these proposed revisions is to improve upon…more

The Court of Chancery Declines to Disturb Company’s “Waiver” of its Forum Selection Bylaw to Settle Derivative Action in California

Many Delaware companies have adopted forum selection bylaws that prevent their stockholders from bringing internal corporate claims in courts outside of Delaware. These bylaws are a valid and effective tool for limiting duplicative…more

A Contrarian View on the Single-Family Rental Market

More than two years after the first single-family rental securitization, the single-family rental market continues to evolve and grow. The rise of single-family rentals reflects both a demographic shift among the American population…more

Government Filing Fee Changes May Be Coming Soon

On May 3, 2016, the U.S. Department of Homeland Security (DHS) issued a proposed rule that seeks to increase filing and processing fees for certain applications. The proposed rule will be open to comment from the public until July 5…more

Settlers and Snitches: Sony Breaks Ranks in Hollywood Wage-Fixing Claims

I previously wrote about two wage-fixing class actions, where some of the largest high-tech and Hollywood companies conspired not to hire one another’s employees to keep wages low. Google, Apple, Intel and Adobe attempted to settle…more

Blog: SEC Staff Continues To Admonish Companies On Problematic Use Of Non-GAAP Measures

In remarks today before the 2016 Baruch College Financial Reporting Conference, SEC Deputy Chief Accountant Wesley Bricker discussed one of the SEC’s topics du jour, non-GAAP reporting. Recently, the SEC and staff (Chair White, Chief…more

US Federal Deposit Insurance Corporation Vice Chairman Hoenig Discusses a Framework for Tailored Supervision

US Federal Deposit Insurance Corporation Vice Chairman Thomas M. Hoenig discussed the decline of traditional community banks over the last thirty years and the resulting concentration of the US financial system in a few large financial…more

Senators Take Steps to Ban Arbitration Clauses in Telecommunications Contracts

On Thursday, April 28, 2016, Senators Al Franken (D-Minn.) and Richard Blumenthal (D-Conn.) proposed legislation that would ban arbitration clauses in telecommunication service contracts. The proposed bill, the Justice for…more

New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers

The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.” However…more

FAA Allows Drones for Educational Use

In a significant policy shift, the Federal Aviation Administration (FAA) will now permit students and to use unmanned aircraft systems (UAS, or drones) – with restrictions – for educational purposes. The FAA issued a memorandum on May…more

The Race Is On: Nevada and New Jersey Scramble to Lead the Evolving Relationship between Gambling and eSports

For the last several years, eSports contests have been filling arenas throughout the world. eSports viewership and associated cash prizes now rival those of professional sports. Top teams win millions of dollars in a single season…more

Blockchain: What is all the buzz about?

Blockchain technology, introduced as the magic behind Bitcoin, is being touted by many as the next major disruptive innovation – in global trade and way beyond. At its core, Blockchain shifts the accounting function from…more

School Districts: Tax Cap Upheld Over Strong Dissent - Next Stop N.Y.’s Highest Court (5/16)

The Appellate Division, Third Department today upheld a constitutional challenge to New York’s tax cap. The suit, brought by NYSUT, asserted several different legal theories challenging the constitutionality of the statute. Two primary…more

Nurse's Unpaid Overtime Claim Teaches Lessons

A recent case filed by an Illinois nurse who claims that she is owed unpaid overtime by her former employer illustrates the importance of proper timekeeping procedures and accurate records. The court’s decision in Roberts v. Advocate…more

A&O Decision Report: Fund Manager Challenges FCA's Decision To Impose Prohibition Order

In this decision report we consider the recent decision notice published by the FCA, in which the FCA detailed its reasons for proposing to impose a prohibition order on a fund manager. The Upper Tribunal previously held that the fund…more

Unilateral Disarmament, The Prisoners’ Dilemma And SEC Staff Comment Letters

In an arms race, each suffers the worst result if it disarms and the other side remains armed. However, if both sides are armed, they are not as well off as when both sides are disarmed. This is, of course, the classic “Prisoners’…more

UK Financial Regulatory Developments - April 2016 #26

Commission reports on CMU - The Commission has published a working report on the progress and momentum around the CMU action plan since its launch in September 2015. The first report also sets out 11 key initiatives planned to…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

MintzEdge is a new online resource for entrepreneurs. Launched by Mintz Levin, the user-friendly MintzEdge.com site includes useful tools and resources for starting and growing a company, and serves…

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