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California Court of Appeal Puts a Small Crack in the Glass Door

An employer who unfairly and inaccurately is slammed by a former employee (or maybe even a current employee!) on a job-posting or employer-rating website will often look to its lawyer for help. Surely the law protects against… more

Revised Form I-9 Released; Mandatory Use By Mid-September

The U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017. Employers can use this revised version, or continue using the prior Form I-9 with a… more

Court Enjoins Milwaukee Over AR Location-based Game Ordinance

A U.S. District Court Judge issued a preliminary injunction against enforcing a Milwaukee county ordinance requiring a permit before implementing certain AR location-based games. As we previously reported, Candy Lab AR, makers of the… more

The Department of Labor Changes Course on Tip-Pooling Restrictions

Quite a bit of effort goes into making an enjoyable restaurant experience, such as good food, prompt service and, of course, cleanliness. Want to reward the dishwashers for providing you with spotless silverware, expediters for… more

SEC Chairman Clayton Outlines Priorities, Signals Focus on Disclosure Requirements

In remarks at the New York Economic Club on July 12, Securities and Exchange Commission Chairman Jay Clayton set forth what he considers the guiding principles for his tenure at the agency. In particular, Mr. Clayton stressed that… more

A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an employee… more

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial (Stati v… more

The Same Old Wrongdoer Blues: Creative Fraud Leaves Employer Holding the Bag for Fraud on its Account

Articles 3 and 4 of the UCC provide a roadmap for addressing how to allocate liability for the various mistakes, embezzlements and forgeries that have followed the payments system since its invention several centuries ago. While as a… more

Oportunidad adicional para extender órdenes de desarrollo y permisos de construcción

El gobernador Scott extendió recientemente el estado de emergencia declarado en respuesta al virus del Zika, por lo que quienes cuenten con permisos u órdenes de desarrollo urbano tendrán una oportunidad aún mayor de suspender el… more

US Second Circuit Finds Testimony Compelled by UK Regulators to be Inadmissible in Criminal Proceedings

Creating a potential new impediment for collaboration between UK and US investigators, the Court of Appeals for the Second Circuit in New York recently held that evidence derived from compelled testimony cannot be used in a criminal… more

DOL Seeks Input Before Issuing New Proposed Rulemaking on the White Collar Exemptions

On July 25, 2017, the Department of Labor's Wage and Hour Division announced its intent to publish a Request for Information (RFI) seeking input from the public before issuing revised proposed overtime exemption regulations to address… more

The Genius of Brian: Other Reps Loved Him as He Got All He Could for His City

I don’t know if they’ll ever put up a statue of Brian Dempsey in Haverhill but they should. During the seven or so years he chaired the Ways & Means Committee of the Massachusetts House, Dempsey did what Ways & Means chairs have… more

Eighth Circuit Affirms Dismissal of RICO Claim in So-Called Shadow Insurance Suit

In Ludwick v. Harbinger Group, the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal under the McCarran-Ferguson Act of a federal RICO claim against Fidelity & Guaranty (and its owner and several affiliates) alleging… more

SEC Finds Initial Coin Offerings Can be Securities

The SEC issued an investigative report cautioning market participants that offers and sales of digital assets by “virtual” organizations are subject to the requirements of the federal securities laws. Such offers and sales, conducted… more

Trade associations urge Congress to disapprove CFPB arbitration rule

A group of 11 trade associations have sent a letter to members of Congress expressing their “strong disapproval” of the CFPB’s final arbitration rule and urging Congress to pass the resolutions introduced in the House and Senate that… more

Government proposes to abolish residential ground rents

Following a number of recent reports of scandals involving leasehold properties, the Rt Hon Sajid Javid MP, Secretary of State for Communities and Local Government, yesterday issued a consultation paper entitled “Tackling unfair… more

ALERT: HHA's Should Make Use of Delay in New Medicare Rules

Now that the Centers for Medicare & Medicaid Services (CMS) have published a Final Rule delaying the effective date of the revised Medicare Conditions of Participation (CoP) for home health agencies (HHAs) until January 13, 2018, HHAs… more

ICSC Deal Making Conference Explores the Changing Retail Industry

The ICSC New England Conference & Deal Making was held from July 18 through July 20, 2017 at the Hynes Convention Center in Boston. Registered attendance at the Conference was strong again this year, with over 1,200 people registered… more

Negotiating Complex Agreements - Construction and Procurement Law News, Q2 2017

Sunvalley Solar, Inc. (“Sunvalley”), is a solar equipment distributor in California. It brought an action in California state court against CEEG (Shanghai) Solar Science & Technology Co., Ltd. and China Sunergy (Nanjing) Co., Ltd… more

[Webinar] What’s Trending - Evolving Laws and Regulations in Employment Law - August 3rd, 10:00am PT

Employment law is a constantly evolving practice area and attorneys and HR professionals are challenged to keep current with the emerging laws, regulations, and trends that rule the profession. This program will dive into current "hot… more

Shift In CPSC Leadership Means More Changes To Come

At the midpoint of 2017, we look back on the U.S. Consumer Product Safety Commission’s activity under the new administration, including how recalls and penalties stack up against previous years, new focal points for safety initiatives… more

Eleventh Circuit to Weigh in on ‘Business Email Compromise’ Coverage Under Fidelity Bond

Banks have historically been at the forefront of technological advances in commerce. So it should be no surprise that they and other financial institutions were also among the first to suffer losses related to computer fraud and… more

Carried Interest tax regime in Italy (art. 60 of Law 96/2017)

The new tax regime aims at discounting the taxation of the excess profit (i.e. profit in excess of the amount that the managers have contributed to the undertaking) attributed to investment managers or managers of target companies… more

In partnership with the PRC

During 2016, South Africa (SA) exported some US$6.8 billion (about 9.2% of our total exports) to the People’s Republic of China (China). This is about 25% more than SA exported to the USA in the same year… more

That Sinking Feeling: Sinkholes, Florida Law, and Some Questions Raised by The Recent Collapse in Land O' Lakes

The recent catastrophic ground cover collapse in Land O’Lakes attributed to a sinkhole highlights the unique aspects of Florida geology and the impact it can have on the risks faced by building owners and their insurers. In central and… more

The FTC Continues to Challenge Healthcare Mergers

Confirming that hospital merger enforcement continues to be a priority under the new administration, the Federal Trade Commission (FTC) and the North Dakota Attorney General recently challenged Sanford Health’s proposed acquisition of… more

FY18 Massachusetts Budget Update: Governor Baker Signs FY18 Budget

On Monday, July 17th, Governor Charlie Baker signed a budget for FY2018 that includes $39.4 billion in spending. This comes ten days after the Legislature approved a state budget with a $40.2 billion bottom line. The Senate and House… more

OIG Initiates Monthly Updates to its Work Plan and Adds New Items

The HHS Office of Inspector General (OIG) recently announced that, effective June 15, 2017, the agency will update its Work Plan website monthly instead of only once or twice per year. In developing its Work Plan, OIG assesses risks in… more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of discrimination… more

Hawaii Revises Mortgage Loan Origination Licensing Requirements

Hawaii revised the following mortgage loan origination provisions of the Secure and Fair Enforcement for Mortgage Licensing Act, including, but not limited to..… more

U.S. Tax Court Bounces Rev. Rul. 91-32: Sales of Partnership Interests by Foreign Partners May Not be Subject to U.S. Tax

The practice of tax law is an exercise of statutory interpretation. A recent opinion of the U.S. Tax Court, Grecian Magnesite Mining, Indust. & Ship. Co. v. C.I.R., 149 T.C. No. 3 (July 13, 2017), is illustrative. Grecian Magnesite is… more

Federal Circuit Finds Velcade Patent Not Obvious Under Lead Compound Analysis

In Millennium Pharmaceuticals, Inc. v. Sandoz, the Federal Circuit reversed the district court decision that invalidated one of the Orange Book-listed patents covering the anti-cancer drug Velcade. In so doing, the court explained that… more

Your Daily Dose of Financial News

A government audit report out yesterday accuses the US Dep’t of Housing and Urban Development of selling more than 100k distressed mortgages over a 7 year period to PE firms and hedge funds without following the proper rules for… more

New Developments for Foreign Investments in Russian Strategic Companies

Recent amendments have been made to the Russian FSIL and FIL regarding approval requirements for foreign investments in potentially strategic companies… more

Manatt on Health: July 2017 #2

The Senate is poised to vote today, July 25, 2017, on a motion to proceed (MTP) to debate on repealing and possibly replacing the Affordable Care Act (ACA). The MTP allows the Senate to consider the House repeal and replace bill, the… more

Bo Pilgrim and Cultures in Foreign Lands (like Texas)

There are many reasons the great state of Texas is just that – great. One Texas truism (Texas translation – true or not) is that everything is bigger in Texas. I was reminded of a certain truism in the area of business ethics when I… more

Recent Ninth Circuit Rulings Uphold Plaintiffs’ Efforts to Predicate Claims on Alleged Insurance Code Violations — Likely More to Come

Recent rulings suggest insurers face increased risk of suits predicating breach of contract and state unfair trade practices claims on alleged violation of state insurance laws, notwithstanding the lack of an express private right of… more

Pay Attention to Your Surroundings: Contractor Denied Recovery for Differing Site Conditions Where Condition was Well-Known in the Area - Construction and Procurement Law News, Q2 2017

The Civilian Board of Contract Appeals (“Board”), the court with jurisdiction over the General Services Administration and other non-defense executive agencies, denied a contractor’s claim for increased labor and equipment costs… more

Sears Canada Files for CCAA Protection: A Distressed Investor's Overview of US Bankruptcy and Canadian Insolvency Law

On June 22, Sears Canada Inc. ("Sears Canada") and certain affiliates1 (collectively, the "Sears Canada Group") sought and obtained insolvency protection under the Companies' Creditors Arrangement Act (CCAA) from the Ontario Superior… more

Are You Entitled to Diminished Value to your Vehicle after a Crash? Yes and No!

Woodland Hills personal injury attorney Barry P. Goldberg is asked by his clients almost daily whether they are entitled to “Diminished Value” of their vehicle after a crash. Obviously, a car repaired after a crash is never the same… more

Conflicting Court Decisions on Privilege Issues Create Risks for Parties in M&A

A recent court decision exemplifies the challenges that businesses face in attempting to predict the law that will control privilege questions. The court decided that the law of the state where the court is located governs such… more

Marijuana Legislation Reaches Governor’s Desk for Approval

Surpassing a self-imposed deadline of July 1st to have compromise legislation on Governor Baker’s desk, the Massachusetts House and Senate reached an accord and voted to approve a reconciled recreational marijuana bill on July 19… more

Resignation or dismissal?

Employees who have been charged with misconduct and are due to face disciplinary hearings have been found to resign instead of face the disciplinary hearing, however, at the disciplinary hearing; the employer goes ahead and dismisses… more

US Banking Agencies Provide Temporary Relief Under the Volcker Rule to Foreign Banks With Respect to Certain Foreign Private Investment Funds

The US federal banking agencies with responsibility for enforcing the Volcker Rule have issued temporary one year no-action relief with respect to certain private non-US investment funds that are not “covered funds” for purposes of the… more

The Supreme Court Gets “Specific” on Jurisdiction

For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction of state… more

Split Payment le nuove disposizioni contenute nella cd Manovrina 2017

L'art. 1 del D.L. 50/2017, convertito con Legge 96/2017 pubblicata in G.U. del 23 giugno 2017, ha introdotto nel Decreto IVA (DPR 633/1972) nuove disposizioni in materia di scissione dei pagamenti (di seguito anche "Split Payment")… more

LIBOR – FCA consults on additional powers to compel banks to make LIBOR submissions

In June 2017, the FCA published a consultation paper (CP17/5) on its proposed approach to its powers to compel contributions to the London Interbank Offered Rate (LIBOR)… more

Sustainable Development Update - July 2017 #3

Sustainable Development Focus - Shading and lighting retrofits slash energy use in office demonstration - Phys.org - Jul 11 - By using advanced lighting and automated shades, scientists from the Department of Energy's… more

Subcontractor Sidesteps Application of No Damages for Delay Clause - Construction and Procurement Law News, Q2 2017

A typical “limitation of liability” clause in many construction contracts is a “no damages for delay” (NDFD) clause, which provides that if, through no fault of the contractor or subcontractor, the project is delayed, the contractor or… more

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major obstacle for… more

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