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White House Issues State Call to Action on Non-Compete Reform

This week, the Obama Administration continued its ongoing efforts to curb what it considers to be the “gross overuse” of non-compete agreements. In a “State Call to Action,” the White House encourages legislatures to adopt certain…more

Healthcare Subsidies for Grad Students: Problem Solved?

This summer we wrote about an impending issue under the Affordable Care Act (“ACA”) for colleges and universities wishing to provide graduate student employees with a stipend or reimbursement to defray the cost of medical coverage…more

Texas Judge Grants Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Orders

Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some - but not all - aspects of the…more

Chair Yang Provides Remarks at White House Event to Celebrate Hiring of 100,000 Federal Employees with Disabilities

WASHINGTON - Today, U.S. Equal Employment Opportunity Commission Chair Jenny R.Yang will speak at a White House celebration to mark the fulfillment of President Barack Obama's goal -- established in a 2010 Executive Order -- to hire…more

Judge Nathan Grants Stay Pending Appeal of PTAB’s Inter Partes Review Decisions

On October 18, District Judge Alison J. Nathan (S.D.N.Y.) granted defendants Verizon Communications Inc.’s, Verizon Services Corp.’s, Verizon Business Network Services Inc.’s, and Cellco Partnership’s (collectively, “Verizon”) motion…more

FTC Releases a Data Breach Response Guide For Business

Data breaches are fast becoming a fact of life. Experiencing a data breach is never a pleasant experience, regardless of how it happens – by accident, by criminal intent, or by system failure. Someone steals a company laptop that…more

White House Pushes for Ban on Non-Competes

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable limitations. On…more

SEC Issues Guidance on Business Continuity Planning for Registered Investment Companies

The Securities and Exchange Committee (SEC) staff published Guidance Update 2016-04, concerning business continuity plans regarding companies within a “fund complex.” By “fund complex” the staff means an affiliated group of registered…more

Federal employee has effective veto over appointment of “impartial” workplace violence investigator, as long as veto not exercised in “abusive” manner: Tribunal

A federal employee’s objection to the appointment of a workplace violence investigator was valid, the Occupational Health and Safety Tribunal Canada has decided, because the investigator was not “seen by” the employee as impartial…more

Sustainable Development Update - October 2016 #4

Sustainable Development Focus - New LEED version to spur green building - Commercial Property Executive - Oct 20 - Green energy continues to advance, with a major milestone set for November 1. That’s when the U.S…more

Judge Temporarily Blocks “Blacklisting” Rules

Large government contractors on Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s so-called “blacklisting” rules, under which covered contractors (including subcontractors)…more

Antitrust Authorities to Prosecute Criminally Anticompetitive Hiring and Compensation Agreements

The United States federal antitrust authorities announced last week that companies who have in place formal or informal hiring or compensation agreements with competitors may now face criminal prosecution. This is a notable departure…more

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and scheduled to…more

Texas Medical Board Drops its Fifth Circuit Appeal To Bar Antitrust Challenge

On October 17, 2016, the U.S. Court of Appeals for the Fifth Circuit granted the Texas Medical Board’s (“Board”) motion to voluntarily dismiss its appeal of the District Court’s decision on sovereign immunity in its latest court battle…more

California Court Finds That Violations of Privacy Law Constitute “Concrete Injury”

On October 24, 2016, the United States District Court for the Southern District of California refused to dismiss claims brought by two former inmates and their counsel regarding violations of a California privacy law. The plaintiffs…more

Advertising Law - October 2016 #4

New in False Advertising Suits: "Natural" Claims, Healthy Beverages - Demonstrating that the focus on health-related claims has not abated, two new class actions were filed challenging the "natural" labels for deli meat and claims…more

District Courts on Willful Infringement Post-Halo

In two recent decisions addressing the issue of willful infringement, the US Court of Appeals for the Federal Circuit recalled its mandate, vacated portions of earlier decisions and remanded to the district court the substantive…more

PTAB Update -- Patent Office Proposes Rule Amendment to Recognize Patent Agent-Client Privilege

When Congress created the post-issuance proceedings before the Patent Trial and Appeal Board as part of the Leahy-Smith America Invents Act ("AIA"), it did so with the recognition that they would be adjudicatory in nature. It was with…more

EEOC Urges Federal Appellate Court to Uphold NLRB’s Expansive Definition of “Joint Employer”

The U.S. Equal Employment Opportunity Commission (EEOC) recently entered the Browning-Ferris saga, filing an amicus brief in support of the new joint employer test articulated by the National Labor Relations Board (NLRB) in August…more

US CBP Clarifies Policies for Certain Nonimmigrant Admissions

The agency confirms the admissibility of certain nonimmigrants who hold visas from different employers. US Customs and Border Protection (CBP) recently clarified its policy on admissions to the United States after an applicant for…more

“Slack Fill” Class Action Is Empty Space

We never heard the term “slack fill” before we started writing for this blog, but it seems to be getting a lot of attention lately. We enjoyed a podcast from NPR’s Planet Money the other day discussing slack fill in black pepper…more

Financial Services Weekly News - October 2016 #3

Editor's Note - Another Cybersecurity Proposal. On the heels of the New York State Department of Financial Services (NYDFS) issuing its proposed regulation that would require banks and insurance companies to institute…more

Manatt on Medicaid: Monthly Expansion Recap - October 2016

National News - Medicaid Expansion Is Associated With Improved Hospital Finances, Study Finds - Hospitals in Medicaid expansion states saw “significantly increased” Medicaid revenue, decreased uncompensated care costs, and…more

Federal Circuit Sort of Clarifies the Waters of Patent Eligibility

In recent cases addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit reached different conclusions in different cases, based on the Alice two-step inquiry. Most notable was the…more

Ballot Selfie: Forbidden Photo or Constitutional Right?

As Election Day approaches, we are reminded of an adage as timeless as the republic itself: "Pics or it didn't happen." In our social media-obsessed world, many people document their everyday lives on Facebook or Instagram. For some…more

6 ways to build a foundation for a development project

The best laid development plans often go astray. When a new commercial or housing development, warehouse or other major project is on the drawing board for a Pennsylvania community, project leaders must look at far more than…more

Update - Last Minute Injunction of New Fair Pay and Safe Workplace Requirements

This is an update to the Alert that we issued on September 15, 2016, regarding the issuance of the final rules that would generally require federal contractors to disclose certain labor law violations and worker wage…more

Development of court practice regarding property tax on energy-efficient buildings

On 16 September 2016 the Commercial Court of Kemerovo Region delivered a decision in case No. A27-13534/2016. In the context of the case, the court considered a dispute between OOO Novostroy and the Federal Tax Service…more

Companies Tap Into Battery Power to Cut Energy Bills

All kinds of companies are using batteries to cut expenses and reduce demand for new power plants. Over the past few years, there has been a major upward tick in the number of U.S. companies that have started installing batteries to…more

US Court of Appeals for the DC Circuit Declares Structure of the US Consumer Financial Protection Bureau Unconstitutional

The US Court of Appeals for the DC Circuit declared the structure of the US Consumer Financial Protection Bureau unconstitutional, stating that the “massive, unchecked power” exercised by its director, Richard Cordray, lacks necessary…more

CMS Issues Sweeping Final Rule, Significantly Changing the Requirements for Long-Term Care Facilities Participating in the Medicare and Medicaid Programs

On September 28, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a final rule comprehensively updating and extensively revising the requirements for participation (ROPs) for long-term care (LTC) facilities participating…more

Federal Court Temporarily Enjoins Parts of the Fair Pay and Safe Workplaces Executive Order

Key points - - A federal district court in Texas issued a preliminary injunction blocking implementation of the labor law disclosure requirements and restrictions on certain predispute arbitration agreements under the Fair Pay…more

Sutherland SALT Scoreboard - Q3 2016

This is the third edition of the Sutherland SALT Scoreboard. Each quarter, we tally the results of what we deem to be significant taxpayer wins and losses and analyze those results. This issue of the Sutherland SALT Scoreboard includes…more

U.S. District Court Judge Puts "Blacklisting" Rules on Hold

On October 24, 2016, one day before the "blacklisting" rules for federal On October 24, 2016, one day before the "blacklisting" rules for federal contractors that stem from the Fair Pay and Safe Workplaces Executive Order were…more

In the Global Trenches: Making Sense of the Global Economies

On a daily basis, there’s regular media references to trade, global economies, emerging markets, BRICS – and now CIVETS and the Next Eleven. There’s continuous debate whether the category of emerging markets is even valid anymore, and…more

Cook County Passes Paid Sick Leave

Paid sick leave will be coming to a suburb near you beginning July 1, 2017. On October 5, 2016, the Cook County Board of Commissioners adopted a paid sick leave ordinance that mirrors the Chicago Ordinance passed earlier this year…more

Yahoo Requests Declassification Of Alleged Email Scanning Order

On October 19, Yahoo publicly petitioned U.S. Director of National Intelligence James Clapper to declassify a federal order allegedly requiring it to scan all of its users’ incoming email messages. In the open letter, Yahoo’s general…more

FTC Releases Data Breach Response Guide

On October 25, the Federal Trade Commission (FTC) released new guidance for businesses that outlines recommended actions to take when facing a data breach. This data breach response guide (Guide) follows the FTC's prior guidance on…more

CFPB Makes FinTech Headlines

The Consumer Financial Protection Bureau (the “CFPB” or “Bureau”) made headlines in FinTech on October 24, 2016. First, the Bureau released its first-ever Project Catalyst report on promoting consumer-friendly innovation (the…more

October 2016: Patent Litigation Update

Federal Circuit Upholds Ruling That a Coined Term Rendered Functional Claims Indefinite. In Advanced Ground Information Systems, Inc. v. Life360, Inc., --- F.3d ---, No. 2015-1732 (Fed. Cir. Jul. 28, 2016) the United States Court of…more

Newly Implemented Changes Adding Pay Data Information to Annual EEO-1 Reports Will Increase Reporting Burden and Potential Liability for Affected Employers

The U.S. Equal Employment Opportunity Commission (“EEOC”) and the Office of Management and Budget (“OMB”) recently approved the EEOC’s revised proposal to collect summary employee pay data information through the Employer Information…more

FDA & CMS Extend Medical Device Parallel Review Program

The Food and Drug Administration (FDA) and the Centers for Medicare & Medicaid Services (CMS) have announced that they are making permanent their “Program for Parallel Review of Medical Devices,” which is now operating as a pilot…more

Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje Internacional

Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS…more

Due Process Required for Environmental Remedy Selection: Appellate Division Rules NYSDEC Must Afford Responsible Parties an Opportunity for a Hearing Before Spending State Funds to Unilaterally Implement a Remedy

Hodgson Russ LLP and Greenberg Traurig LLP successfully challenged the New York State Department of Environmental Conservation’s (NYSDEC) ability to implement a remedy without first providing a party an opportunity for a hearing. In a…more

Every Employer Can Get In On The On-Demand Economy

The on-demand economy has a number of obvious benefits to individuals who wish to make money on their own terms by creating their own hours and essentially being their own boss. Likewise, gig economy staples such as Uber and Lyft have…more

HHS Issues Final Rule that Expands the Requirements for Disclosure of Clinical Trial Data to

On September 21, 2016, the Department of Health and Human Services (HHS) published a final rule that greatly expands the information that sponsors of “applicable drug clinical trials” and “applicable device clinical trials” must…more

Germany: Legislative Change Requires Amendments to Standard Employment Contracts

A legislative change that entered into force on October 1, 2016, affects multinationals with employees working in Germany. In order to comply with these recent changes, companies doing business in Germany should now double-check and…more

Embraer FCPA Enforcement Action – Part III

Today I continue my exploration of the recently announced Department of Justice (DOJ) and Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action with the announcement of the resolution of the…more

OCR Explains How Information Blocking Violates HIPAA

The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a covered…more

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Some of the Savviest Employers Bring Us Their Toughest Problems. Whether it’s a class action involving thousands of potential class members, a jury trial with exposure in the millions, or a union…

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