Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

The First Amendment: Without a Friend in the 2016 Election Cycle?

With Election Day less than two weeks away, it’s an interesting time for the First Amendment. Unlike the Second Amendment where party lines appear strong, the 2016 presidential candidates’ stance on First Amendment issues and the press…more

D.C. Court of Appeals Decision Covers Important Contracting Principles

The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and fair…more

Forfeiture of an LLP Member's Profit Share

A recent English Court decision confirms that members of LLPs who breach their fiduciary duties are at risk of having their remuneration (including that received by way of profit share) forfeited. This is in addition to having to pay…more

Trick or Treat? More Changes to LSTA Rules Coming Soon

Phase II of Delayed Compensation Overhaul, Other Modifications to Take Effect November 1st - On the morning of November 1st, many children (and some adults) may wake up with an upset stomach or headache from having overindulged in…more

"SEC Proposes Rule Amendments to Require Universal Proxy Cards"

On October 26, 2016, the U.S. Securities and Exchange Commission (SEC) voted 2-to-1 to propose amendments to the proxy rules that would require the use of universal proxy cards in contested elections. The proposed changes, if adopted…more

Countries at a Glance: China - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - The requirement that employers in China remunerate employees in cash only, rather than in negotiable securities, is unlikely to…more

The Ninth Circuit Holds That Enforcing A Security Interest Is Not Necessarily Debt Collection

On Oct. 19, 2016, the Ninth Circuit held that merely enforcing a security interest is not “debt collection” under the federal Fair Debt Collection Practices Act (“FDCPA”). In so holding, the Ninth Circuit disagreed with earlier…more

Fair Pay and Safe Workplaces Rule Temporarily Put on Hold

Following President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order (EO 13673) — in August the Federal Acquisition Regulatory (FAR) Council in conjunction with the Department of Labor (DOL) issued its controversial Fair Pay…more

Lessons Learned: E-Learning Company Faces $50,000 Spam Fine

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its first Compliance and Enforcement Decision* under Canada’s Anti-Spam Law (CASL).  The Commission confirmed the staff finding that Blackstone Learning…more

SEC Probes Share Class Recommendations

In July, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced an initiative to identify instances where registered investment advisers may be improperly influenced by conflicts of…more

DOT Issues Proposed Cybersecurity Guidance to Automotive Industry

Vehicle-related cyber incidents could have devastating and deadly effects, particularly as cars and trucks become more highly automated and rely more heavily on wireless technologies. To combat this threat, the U.S. Department of…more

The Most Cost Effective Way You Can Protect Your Trade Secrets

I was giving a talk recently when a senior executive asked me, “If we have the time and resources to focus on just one thing to improve our information security, what would you suggest?”  I didn’t hesitate: “Train your workforce.”…more

You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act

As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially available…more

Federal Government Contractors Receive Big Win Against Executive Order

Earlier this week, government contractors won a significant battle when a federal court in Texas ruled that President Obama overstepped his authority and enjoined the implementation of the majority of the burdensome “Fair Pay and Safe…more

New Government Contractor “Blacklisting” Reporting Requirements Put on Hold

Hours before a controversial set of new reporting requirements for government contractors was set to take effect, a federal court in Texas enjoined implementation of the requirements across the country. Executive Order 13673, known as…more

Ninth Circuit Upholds Listing Decision Based on End of Century Climate Change Predictions

On October 24, 2016, the United States Court of Appeals for the Ninth Circuit upheld the National Marine Fisheries Service (Service) determination listing the Beringia Distinct Population Segment (DPS) of the Bearded Seal (Erignathus…more

Appeal of MOL compliance order adjourned while related OHSA prosecution ongoing, despite City’s objection

The Ontario Labour Relations Board has adjourned an appeal of a Ministry of Labour inspector’s compliance order against the City of Sudbury while a related prosecution under the Occupational Health and Safety Act is ongoing, despite…more

Littler’s Zev Eigen Speaks on Use of Big Data in Employment Decisions at NYU Law School Conference on AI, People Analytics, & Employment Law

On October 17, 2016, NYU School of Law’s Center on Labor & Employment Law empaneled Littler’s Global Director of Data Analytics Dr. Zev J. Eigen, U.S. Equal Employment Opportunity Commission Chair Jenny R. Yang, and Professor Pauline…more

Preliminary Injunction Halts Enforcement of Fair Pay and Safe Workplaces Rule

Federal contractors recently scored a significant victory when a preliminary injunction blocked much of the Fair Pay and Safe Workplaces rule from taking effect. The rule, based on a 2014 executive order, was issued in August 2016 by…more

FTC Releases New Data Response Breach Guide For Businesses

The Federal Trade Commission released a new guide for businesses on data breach response yesterday along with a three-minute video summary. The 14-page guide highlights the immediate steps a business should take when responding to a…more

Tax Evasion - Nowhere Left to Hide

Global tax evasion remains a major problem for governments around the world. At a time when virtually all of the governments from the world’s major economies seek additional revenue, the attractiveness to taxpayers of illegally…more

California Court of Appeal Discusses Application of Common Carrier Standard to Casino Shuttle Services

In Huang v. The Bicycle Casino, Inc., 2016 DJDAR 10389, the California Court of Appeal, Second Appellate District, held that a triable issue of material fact existed as to whether a shuttle operated for casino patrons was subject to a…more

Embraer FCPA Enforcement Action – Part IV

I conclude 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 Embraer…more

“Gay cake” appeal decided

The Christian owners of a bakery in Northern Ireland have lost their appeal against a finding that their refusal to make a “gay cake” was discriminatory. The Court of Appeal in Belfast upheld the judgment of the Belfast recorders…more

FAA Holds First Unmanned Aircraft Safety Team Meeting

The first meeting of the Unmanned Aircraft Safety Team (UAST) was held on October 18-19 in Washington, D.C. This team was first announced back in August by Federal Aviation Administration’s (FAA) Administrator Michael Huerta at the…more

Updates on the Department of Homeland Security's New Electronic Visa Update System and Immigration Fee Schedule

The Department of Homeland Security (DHS) recently issued two final immigration rules. First, DHS has established a new Electronic Visa Update System. Second, DHS has issued a new U.S. Citizenship and Immigration Services (USCIS)…more

Mortgage Industry Seeks Exemption Under TCPA

The Federal Communications Commission (FCC) is expected in the near term to decide the fate of an exemption sought by the Mortgage Bankers Association (MBA) over the Telephone Consumer Protection Act's (TCPA) prior express consent…more

DOJ Toughens Stance on Certain Employment-Related Agreements Between Competitors - New Antitrust Guidance Threatens Criminal Sanctions for No-Poaching, Non-Solicitation Deals

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) on Oct. 20, 2016, jointly released Antitrust Guidance for Human Resource Professionals, cautioning employers about potential serious…more

FINRA to Overhaul Gifts, Non-Cash Compensation, and Business Entertainment Rules

On August 5, FINRA proposed amendments to its gifts rule (Rule 3220) along with new rules to replace the current provisions governing noncash compensation (new Rule 3221) and business entertainment (new Rule 3222). These proposals…more

CFPB Issues Report Offering Preliminary Insights on Consumer Finance Marketplace Innovations

On October 24, 2016, the Consumer Financial Protection Bureau (CFPB) issued a report highlighting various marketplace developments in payments, transactions, lending, underwriting, budgeting, money management, and other areas. These…more

New California Law Prevents Employers from Imposing Non-California Forum Selection or Choice of Law Provisions upon California Employees

As part of our efforts to update employers regarding the newly-enacted statutes that will affect employers in the coming year, this post addresses a bill recently signed into by California Governor Jerry Brown that prohibits employers…more

Federal Court Enjoins Enforcement of Key Provisions of Fair Pay and Safe Workplaces Regulations

In an order issued on Monday, Oct. 24, 2016, a U.S. District Court in Texas granted a preliminary injunction sought by a local chapter of the Associated Builders and Contractors and related parties barring, for the present, enforcement…more

FDEP Emergency Rule Expands Pollution Notifications, Creating Significant New Requirements for Facilities and Landowners in Florida

On September 26, 2016, as directed by Governor Rick Scott, Florida Department of Environmental Protection (FDEP) Secretary Jon Steverson issued an emergency rule (62ER16-01) that established new, expanded requirements for public…more

Citing Spokeo, Eleventh Circuit Rejects Class Action Over Late Mortgage Satisfaction Recordation, Holding Plaintiff Had Not Alleged Concrete Injury-In-Fact Due to Statutory Violation

The Eleventh Circuit recently held in Nicklaw v. CitiMortgage, Inc.(No. 15-14216) that a plaintiff lacks standing to sue a creditor where the plaintiff merely alleges that the creditor failed to timely record a mortgage satisfaction…more

CFPB Grabs for SEC/CFTC Turf

In May, the Consumer Financial Protection Bureau (CFPB) proposed a ban on “mandatory arbitration” contract clauses that make financial products consumers waive their right to join class actions. Broker-dealers, commodities firms…more

Asian supply chains and the territorial limits of EU competition law

A supply chain where goods, which were the subject of a cartel, were sold by the defendants in Asia and then indirectly resold to the claimants in the EEA did not amount to “implementation” of the cartel in the EEA and so fell outside…more

Fair Pay Safe Workplaces Halted But Not Dead

On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces, which…more

Rating Agency Developments

On October 17, 2016, DBRS issued a report entitled: CMBS North American Surveillance. Report. On October 14, 2016, Moody’s issued a report entitled: Moody’s Approach to Rating Securities Backed by Pools of Both FFELP and Private…more

Raising Red Flags: DOJ and FTC Issue Antitrust Guidance for HR Professionals

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance on Oct. 20, 2016, cautioning companies that they risk violating federal antitrust laws by entering into agreements with competitors…more

Trade Cheats Evading AD\CVD Duties Beware – Recent Developments at Customs and the GAO

AD/CV duty evasion has increased significantly in recent years, with Customs and Border Protection (“CBP”) having failed to collect $2.3 billion in such duties since 2000.[1] Examples of evasion include misrepresentation of the…more

ACS Announces 2016 Heroes of Chemistry Awardees And Honors Biofuel Project

The American Chemical Society (ACS) has announced the 2016 Heroes of Chemistry at the ACS Fall National Meeting. Of the four products showcased by the awards, Honeywell UOP’s Honeywell Green Jet Fuel™ represented the biobased…more

[Webinar] Post-Election Webinar - November 9th - 11:00a.m. EST

As the dust settles after the presidential candidates’ first debate, BakerHostetler’s Federal Policy team continues to analyze the impact of the 2016 election on federal policy issues. After all the votes are counted, please join the…more

Hillary Believes in the Patent System

Hillary Clinton has released a position paper: “Initiative on Technology and Innovation” which contains two paragraphs on actions she would promote to reduce litigation by trolls and strengthen the USPTO. She notes that the AIA…more

FAA Wants Details of Operations in Applications for Waivers and ATC Authorizations

Think your application for a Part 107 waiver is going to fly through the FAA like a drone? Think again. The FAA is throwing some cold water on these expectations. Earlier this week, the agency issued a Part 107 notice to applicants…more

European Commission TTIP Advisory Group Report Considers Financial Services Under TTIP

On October 17, 2016, the European Commission published a report documenting the meeting of the Commission’s Transatlantic Trade and Investment Partnership (TTIP) Advisory Group on September 6, 2016. Financial services are…more

IRS Announces Benefit Plan Limits and Thresholds for 2017

The Internal Revenue Service (IRS) has announced various 2017 benefit plan limits and thresholds. There are increases from 2016 in some cases, but in other instances the 2016 amounts will continue to apply. Benefit Plans…more

Compliance Bulletin and Policy Guidance 2016-02 – Service Providers: Questions and Answers

On Wednesday, October 26, 2016, the CFPB issued updated guidance on service providers, based on its previously issuance titled CFPB Bulletin 2012-03, Subject: Service Providers (“Bulletin”), that had been issued on April 13, 2012. The…more

Opportunity to Seek Duty Savings on non-U.S. Made Imports through New Miscellaneous Tariff Bill Process

A 60-day time frame for requests to suspend tariffs on qualifying imports opened on Friday, October 14 and run through Monday, December 12, 2016. During this period, requestors may submit petitions to the International Trade…more

CFPB and banking agencies begin review of bank sales practices

According to Politico, the CFPB, OCC, Fed and FDIC have launched a review of bank sales practices, with the reviews to be conducted as special reviews rather than as part of the regular examination process…more

FinCEN Issues Advisory and FAQs Regarding Reporting Cyber-Events

The Financial Crimes Enforcement Network (“FinCEN”) has issued an advisory (“Advisory”) and Frequently Asked Questions (“FAQs”) to assist financial institutions in reporting cyber-events, cyber-enabled crime, and cyber-related…more

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

Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Founded…

[ About | Legal Updates ]