Latest Updates

Security Breach Notification Becomes More Complex For Employers

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be required to… more

For how long can an employee enforce an arbitration award

We looked at this question in our article How long can a CCMA arbitration award be enforced against an employer. Since then the Constitutional Court has considered the question of the prescription of arbitration awards not once but… more

Where Federal Tax Reform Goes, Will State Taxes Follow?

With Republicans in control of both the White House and Congress, comprehensive federal tax reform likely is on the horizon. Both the tax reform plan outlined by President Donald J. Trump during his campaign (the Trump Plan) and the… more

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the agreement… more

Economists’ Rx for MDs’ legal wellbeing? Practice better medicine

In the battles between lawyers and doctors over malpractice lawsuits filed by patients harmed while seeking medical services, it may be worth heeding economists’ prescription for caregivers: Physicians, heal thy selves… more

.Health: What You Need to Know About the Internet’s Newest Domain Name

On May 8, the new .health Internet top-level domain opens up to members of the health care industry and will be awarded on a “first-come, first-served” basis. Below is what your organization needs to know about “.health.”… more

Health Care E-Note - April 2017

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion dollar… more

D.C. Circuit affirms denial of CFPB petition to enforce CID issued to college accrediting organization

The D. C. Circuit has affirmed the D.C. federal district court’s April 2016 denial of the CFPB’s petition to enforce a CID issued to the Accrediting Council for Independent Colleges and Schools (ACICS) in August 2015… more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency (EPA) Farm… more

SOSR – A low threshold for a fair dismissal?

Of the five fair reasons for dismissal, ‘some other substantial reason’ (SOSR) is often viewed as a ‘catch all’ justification for dismissal. It does not give an employer freedom to dismiss for an irrelevant or trivial reason. However… more

Uganda - A bright future

Peter Hood is a solicitor and Hogan Lovells consultant currently living in Kampala, Uganda who specialises in business and human rights and international arbitration. He recently gave two guest lectures to law students at Makerere… more

The FCPA at 40 – Corporate Responsibility for Compliance

In two speeches last week Department of Justice (DOJ) Acting Principal Assistant Attorney General Trevor McFadden addressed multiple topics and issues around the Foreign Corrupt Practices Act (FCPA). The first set of remarks were made… more

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York… more

Advertising Litigation Report: Vol. 2, No. 2 - Lanham Act False Advertising

Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)… more

Court orders former president of debt collection company to pay $2 million penalty to FTC for alleged FDCPA/FTC Act violations

A Texas federal district court has entered a $2 million civil penalty judgment against the former president of a debt collection company for alleged violations of the FDCPA and FTC Act… more

FDA Advisory Committee to Hold Public Meeting on Hospira’s Proposed Epogen/Procrit Biosimilar

The FDA recently announced that the Oncologic Drugs Advisory Committee will hold a public meeting on May 25, 2017 to discuss Hospira’s application for a proposed biosimilar of Amgen’s Epogen®/Procrit® (epoetin alfa). Pfizer (Hospira’s… more

High School Sleuths Expose Questionable Credentials of New Principal

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star, Robertson had… more

The First 100 Days: The Trump Administration’s Impact on Labor and Employment Law Thus Far

Twenty-four executive orders, 13 signed Congressional Review Act resolutions, and one failed healthcare bill…political pundits and policy experts are no doubt tallying up these and other actions as we quickly approach April 29, 2017… more

Who Does What: Broker Dealers | Registered Investment Advisers | Commodities/Futures Entities

At Fox Rothschild LLP, we have a wealth of experience in creating and forming broker-dealers, registered investment advisers, commodity entities and various hedge funds. Over the years, our strategy has been to work with our clients to… more

SEC Settles FCPA Charges With Two Former Telecom Executives

Two former executives of Hungarian telecom firm Magyar Telecom settled FCPA charges with the SEC shortly prior to the commencement of their trial. Former CEO Elek Straub, and former Director of Central Strategic Organization Andras… more

EPA Requests Public Comments Recommending Regulations To Repeal, Replace, Or Modify By May 15, 2017

On February 24, 2017, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” as part of the White House’s efforts to reduce federal regulatory burdens on business. Among other things, the Executive… more

[Video]Technology & Workplace Compliance Problems

In this video, McNees attorney Eric Athey discusses compliance issues that can arise from technology in the workplace… more

Immigration Briefing: What Employers Need To Know Now

To date, there have been multiple immigration updates and Executive Orders issued by the new administration impacting immigration case processing and practices by the Department of Homeland Security ("DHS"), the Department of Justice… more

Analysis of FDIC v. Loudermilk Decision

The FDIC’s lawsuit against former directors and officers of the failed Buckhead Community Bank, one of the most closely watched Georgia corporate governance cases in years, went to trial in October, 2016. The jury returned a verdict of… more

Finding Exceptional EDiscovery Value

Why are we settling for less than exceptional eDiscovery results? My guiding principle for eDiscovery is simple: eDiscovery always must deliver exceptional value to the client. A general counsel purchasing eDiscovery services… more

The Cook County Commission on Human Rights Issues Proposed Regulations Regarding Its Sick Leave Ordinance

On November 16, 2016, Clark Hill wrote about the new paid sick leave laws in Chicago, Cook County and Illinois. One of those new paid sick leave laws is the Cook County Earned Sick Leave Ordinance (the "Ordinance"), which was passed on… more

Who Owns That Trademark - The Manufacturer or the Exclusive Distributor?

The Court of Appeals for the Third Circuit, with a ringing endorsement of Prof. McCarthy’s trademark law treatise, issued a precedential opinion last week on the issue of whether a trademark is owned by the manufacturer or its… more

Whistleblower Retaliation Remains in the SEC’s Crosshairs

Whistleblower tips and awards for securities law violations have increased dramatically over the past year, according to the staff of the SEC Enforcement Division’s Office of the Whistleblower. Also during that time, the Whistleblower… more

We Cured the Breach of Contract! Oh No, You Didn’t

A recent decision from a North Carolina federal court raises interesting lessons for providers surrounding contractual cure and damages provisions. Cone Health entered into a contract with Conifer Physician Services for the provision… more

These Class Action Lawyers Made Their Fees The Old-Fashioned Way. They Earned Them!

It's not very often that I see a fee application in a settled class action in the Business Court that doesn't strike me as requesting approval of an overpayment for a less than successful result. Those are most often in the settlement… more

NLRB Regional Director Orders Union Election in a Unit of Undergraduate Employees

On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at George… more

Another Oil Industry Class Action Settles – The Disturbing Trend Continues

There have been a number of FLSA lawsuits in the energy industry of late, focusing on unpaid overtime. One of these employers who was sued, Key Energy, has just settled two class actions for $3 million. The case is entitled Grillo v… more

The Need for Speed 2: FCC Releases Final NPRM to Accelerate Broadband Deployment

On April 21, 2017, the Federal Communications Commission (“Commission”) released its final version of the combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment in the matter of Accelerating Wireline… more

Failure to Implement Business Associate Agreement Results in $31,000 Settlement For Health Care Provider

On April 20, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Children’s Digestive Health (CDH) agreed to pay HHS $31,000 for its failure to have a business associate agreement… more

Market Stabilization Rule: Assessing the Trump Administration's First ACA Market-Related Regulation

On April 13, 2017, the Centers for Medicare and Medicaid Services (CMS) finalized its Marketplace Stabilization Rule. This is the first Trump administration regulation that applies to the health insurance markets remade by the… more

Arbitration Clause Cannot Bar Claims for Public Injunctive Relief

On April 6, the California Supreme Court issued the latest in an ongoing series of cases resisting preemption of California state law under the Federal Arbitration Act (FAA) and again testing the limits of the U.S. Supreme Court’s… more

Florida Employers What if Theres a Bill OReilly in Your Workplace

Just as some business and organization leaders thought that the culture of a diverse workplace thriving on respect and dignity was deeply entrenched, along comes allegations against a well-known name like Bill O’Reilly following… more

Your Daily Dose of Financial News

The new administration is working on a tax plan that would slash corporate tax rates to 15 percent and doing so with a hastiness that could jeopardize House Republicans’ ability to make the cuts permanent… more

Enforcement of Vacant and Abandoned Property Ordinances on Rise

Banks and other mortgage servicers are receiving notices from companies like ProChamps, which have been retained to assist municipalities with enforcement of vacant property ordinances. These enforcement actions could significantly… more

CFPB finalizes delay in the effective date of the Prepaid Account Final Rule

On April 20, the CFPB finalized a proposed rule to delay the effective date of the final rule governing Prepaid Accounts (Prepaid Account Final Rule) by six months, from October 1, 2017 to April 1, 2018 (Effective Date Final Rule)… more

Commodities Taking a Tumble – Are Prices Going Down the Drain?

I am not sure if you have been watching, but the price of oil, gold futures and platinum futures are on the decline, according to Bloomberg Markets… more

“Waive” That Issue Goodbye: The Importance of Preserving Arguments and Developing a Full Record

The Federal Circuit recently reminded litigants of the importance of developing a full record in district court and Patent Trial and Appeal Board (“PTAB”) proceedings. In Google Inc. v. SimpleAir, Inc., the Federal Circuit found… more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in many ways a… more

Blog: CFPB Proposes Changes To Its Fair Lending Rule

Mortgage lenders should be aware of upcoming changes to the Consumer Financial Protection Bureau’s (CFPB) Regulation B. The CFPB has been in the process of changing existing rules to allow for compliance with recent changes to… more

Guess Who You Should Never Invite to Dinner? What We Can Learn From Sexual Harassment Claims in the News

Sexual harassment—we have policies against it, we train people on how to prevent and report it, and yet still we have big news stories about it. In the last year, Fox News hit the headlines on this front multiple times–not only did the… more

California Legislature Proposes State Overtime Bill - Measure is Similar to Federal Rule That Was Put on Hold by Court

A Texas federal court’s halting of the enforcement of a new federal overtime rule that increases the salary threshold to be considered an exempt employee on Nov. 22, 2016, has received ample press. Under the new Department of Labor… more

Intellectual Property Bulletin - Spring 2017

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch an… more

Section 75-1.1 Claims and Conduct by Government Employees

A recent decision of the North Carolina Court of Appeals highlights an unusual issue: Does N.C. Gen. Stat. § 75-1.1 apply to conduct by a government employee in a claim brought by his employer, a government entity? In County of… more

What Compliance Needs to Know About Data Privacy and Security

You don’t have to be a tech-savvy computer genius to address the basics of data privacy. Like many areas which compliance departments oversee, asking the right question and getting the right internal controls in place are the most… more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and small… more

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When you partner with FPA Patent Attorneys, you gain access to Australia’s most experienced patent attorneys, and some of the finest legal minds in your industry. Boutique-style patent…

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