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More ET Rover Bungling...Or is it a Calculated Decision to Place Speed Over Safety?

ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that paying… more

“But Officer, He Came Out of Nowhere!”

Lots of wrecks happen because drivers, staring at what’s directly in front of them, are unaware of dangers coming from other directions. This is an ACA blog, so right now we’re staring at the ACA changes being proposed by the Senate… more

Supreme Court Finds Lanham Act Disparagement Clause Unconstitutional Under First Amendment

In a victory for the Asian-American rock band The Slants, the Supreme Court ruled on June 19 that the ban on the registration of disparaging trademarks under Section 2(a) of the Lanham Act violates the First Amendment. The ruling… more

How The Trump Administration is Changing US Immigration: A Sixth Month Look Back

In its first six months, the Trump Administration has significantly altered US immigration policy. To date it has issued four Executive Orders promising to toughen US laws and regulations. This Webinar will provide a review of the… more

[Video]How The Trump Administration is Changing US Immigration: A Sixth Month Look Back

In its first six months, the Trump Administration has significantly altered US immigration policy. To date it has issued four Executive Orders promising to toughen US laws and regulations. This Webinar will provide a review of the… more

Outsourcing in the Pharmaceutical and Life Sciences Sectors – A UK Perspective

Pharmaceutical and Life Sciences companies operate in a demanding environment and face diverse challenges such as pricing pressure, increased regulatory requirements and mounting costs. With this backdrop, they have, starting with… more

[Video]Compliance into the Weeds-Episode 43, the Linde Declination

In this episode, Matt Kelly and I take a deep dive into the first Declination issued by the DOJ in the era of the Trump Administration, which was issued by the DOJ on June 16, 2017, when it issued a Declination to Linde North American… more

Get Ready for Regulatory Change: MiFID II

This briefing summarises some of the requirements in MiFID II that will apply to investment firms that operate in the FX derivatives and contract for difference (CFD) sectors. Compliance with MiFID II is required from 3 January… more

Where Do the Supreme Court’s Civil Cases Originate (Part 1)?

In our recent expansion of Sedgwick’s California Supreme Court database, one of the variables we added was the originating jurisdiction. Given that the Court always has a significant number of administrative mandate cases, originating… more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at the… more

When Should I Get a Last Will and Testament?

Lexis Nexis claims that 55% of American adults do not have a last will and testament or some kind of an estate plan. This means that more than half of American estates have their personal assets pass via intestacy - without a will and… more

Can Extensive Regulations Bar A Claim For Unfair Trade Practices?

An alleged violation of N.C.G.S. Section 75-1.1 is a staple of business litigation in North Carolina. A recent decision by the U.S. Court of Appeals for the Fourth Circuit addresses an important question about the law on Section… more

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel rejected an… more

She Did What With the Family Farm? - Top Ways to Challenge a Deed in Michigan

A deed is a legal instrument commonly used to transfer title in real property (i.e. a residence, parcel of land, or family cottage). Although deeds are typically straightforward, certain legal requirements are necessary to effectuate… more

CCOs and Resources: Put Your Money Where Your Mouth Is!

The compliance profession is enjoying its moment of triumph. Chief compliance officers are earning substantial salaries and rewarded with high-level positions in the C-Suite and significant influence. CCOs are the hot commodities in… more

Hot Off The Press! DFEH’s Annual Report

Seyfarth Synopsis: California’s Department of Fair Employment and Housing has just issued its Annual Report on civil rights complaints during 2016. Here are some highlights… more

Mine Safety Agency Launches ‘Training Assistance Initiative’ For Miners With Less Experience

Recent coal-mining deaths have prompted the Mine Safety and Health Administration to launch a voluntary “training assistance initiative” for miners with less than one year of experience in mining or in their current job, MSHA has… more

Obama Administration’s Organic Animal Welfare Rule Postponed a Second Time

For the second time, the effective date of the Organic Animal Welfare Rule (OAWR) proposed by the United States Department of Agriculture during the last days of the Obama administration has been pushed back. The new effective date of… more

Countdown to the EU General Data Protection Regulation: Are You Ready?

With less than one year until the May 25, 2018 deadline for compliance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"), affected companies should already be preparing. The GDPR was passed into EU… more

Beryllium Exposure Rule Going Through Changes, OSHA Admits

The rule to lower permissible workplace exposure to beryllium is undergoing changes in a White House review, Occupational Safety and Health Administration deputy director for standards and guidance Maureen Ruskin has told safety… more

Employers Permitted to Modify Retiree Benefits Following Expiration of CBA

In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in a… more

Ontario Court of Appeal Confirms Ongoing “Gatekeeper” Function in Respect of Expert Evidence

In its recent decision in Bruff-Murphy v. Gunawardena (Bruff-Murphy), the Court of Appeal for Ontario (Court) set aside a jury award and ordered a new trial on the basis that the trial judge did not correctly apply the Supreme Court of… more

Healthcare Providers Beware: HIPAA Isn’t Your Only Concern Following a Data Breach–State Law Matters

Healthcare service provider CoPilot Support Services (“CoPilot”) recently agreed to pay a $130,000 settlement after it waited over a year to notify patients of a data breach, in violation of New York’s breach notification law. The… more

Four Critical Components in Scheduling International Deposition Locations

One of the hurdles to tackle when planning for international depositions is the search for the right location. For someone scheduling their first deposition in Tampere, for example, this can be a bit like chasing a shadow in a fog… more

Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process. What had been House Bill 34 in the 2017 session of the General Assembly, and has now been… more

“Giving Offense is a Viewpoint”: Supreme Court Holds It Is Viewpoint Discrimination to Deny Trademark Protection for Allegedly Offensive Marks

In a decision that is being heralded as a victory for First Amendment freedoms, the United States Supreme Court struck down the so-called disparagement provision of the Lanham Act, 15 U.S.C. §1052(a), on the basis that the law… more

Bipartisan Group of Senators Releases Principles for Federal Autonomous Vehicle Laws

Last week, U.S. Senators John Thune (R-SD), Gary Peters (D-Mich), and Bill Nelson (D-Fla) released a framework for autonomous vehicle legislation based on these six principles..… more

On My Bookshelf: Sisters, the Lives of America's Suffragists

Against the backdrop of the 2016 presidential election that pitted Hillary Clinton against Donald Trump, it was fascinating for our BakerReads group to spend some time with a book tracing the personal histories of five of the women… more

The Layers Of The Paid Sick Leave Law In Montgomery County, Maryland

On October 1, 2016, Montgomery County’s Earned Sick and Safe Leave law became effective. This law allows all employees, with few exceptions, that work in Montgomery County, Maryland, to accrue paid and/or unpaid sick and safe leave… more

Lack of Distinctiveness as an Obstacle for EUTM Registration

The distinctiveness of a trademark is one of the conditions for obtaining a European Union trade mark (“EUTM”) registration. The concept of a trademark is defined through the prism of distinctiveness as its inherent characteristic, and… more

Top Five Labor Law Developments In May 2017

1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB No. 67… more

CBO/JCT/CMS Release Analyses of House-Passed AHCA; Senate Timeline Remains Unclear

On May 24, the Congressional Budget Office (CBO) and Joint Committee on Taxation (JCT) released much-anticipated analysis of the House-passed American Health Care Act (AHCA). Overall, CBO projected that the AHCA would reduce the… more

Removal Of Fair Pay And Safe Workplaces Rule Imminent: GSA Issues Interim Memorandum

Rulemaking is underway to amend the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces Final Rule, the General Services Administration has said in guidance to federal agencies instructing them not to wait… more

[Video]Day 16 of One Month to Better Investigations and Report -Privacy Concerns in Investigation

Prior to the Schrems decision by the European Court of Justice, US based law firms could rely on Safe Harbor to use and analyze information from investigations conducted in Europe. However the Schrems decision and subsequent EU privacy… more

DSM Watch: EU online content services Portability Regulation will become law in its current form: Council adoption 8 June 2017

DSM Watch has been tracking this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, since back in December 2015.  The Commission’s aim was to allow consumers who pay for online… more

A Resurgence of Synthetic Securitizations - After a major market contraction in the wake of the financial crisis, risk-pooling transactions show signs of gaining favor once more

Within the past few months, there have been a number of reports of the resurgence, particularly in Europe, of synthetic securitizations of risky assets. These transactions allow banks to transfer credit and other default risks with… more

Restricted Rights Under DFARS 252.227-7014: Practitioner Advice for Avoiding DoD Licensing Pitfalls

This article focuses on contractor licenses that grant “Restricted Rights” in “Noncommercial Software” to the federal Government under Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7014. DFARS 252.227-7014 only… more

[Video]Value-based health care: fraud & abuse laws

Michael Lampert, Ropes & Gray health care partner, discusses fraud and abuse law application to value-based health care arrangements. __ Much has been made about how the fraud and abuse laws, which were designed in order to prevent… more

Tenth Circuit Departs From Other Circuit Courts and Holds Plaintiff Bears the Burden of Proving Causation in ERISA Breach of Fiduciary Duty Cases

On June 5, 2017, in a split decision to be published, the U.S. Court of Appeals for the Tenth Circuit held that the plaintiff bears the burden on each element of its Employee Retirement Income Security Act of 1974 (“ERISA”) claim for… more

The Current CMBS Experience – And a Path Forward

The CMBS industry is not attracting repeat borrowers in sufficient numbers and must improve the performing borrower experience if it’s to survive. Our Finance Group presents the results of our survey of players in the CMBS industry and… more

Choose Wisely When Co-Owning Property

Predictability that joint owners/tenants need today: This spring, the Tennessee Supreme Court ruled that joint property owners can eliminate the survivorship rights of jointly held property, changing their ownership to tenants in… more

Supreme Court Rocks the Trademark Office in “Slants” Case

After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit a win this week. In its landmark ruling in Matal v. Tam (formerly… more

New Opportunities for Shareholder Meetings in Virginia and Beyond

This spring, Virginia Gov. Terry McAuliffe approved legislation passed by the General Assembly permitting Virginia corporations to hold virtual-only shareholder meetings, beginning July 1, 2017. When the new law goes into effect… more

Department of Homeland Security Rescinds DAPA Program

On Thursday, June 15, 2017, the Department of Homeland Security Secretary John Kelly rescinded an Obama administration memorandum creating DAPA, a deferred deportation program for undocumented parents of U.S. citizens and lawful… more

EU Telecoms Regulation Based on Unilateral Market Power Would be Contrary to EU Law

The existing EU regulatory framework for electronic communications obliges the EU Member States to provide in their national laws for certain powers and responsibilities of national regulatory authorities (“NRA”), in particular related… more

Minnesota Legislative Update: From the Capitol to the Courtroom

Following the adjournment of the 2017 regular session and a short special session, the Legislature passed and presented to Governor Dayton a comprehensive and balanced budget for fiscal years 2018 and 2019, including nine appropriation… more

Investigating Transgender Student Discrimination Under New Education Department Directives

Department of Education regional directors have been given new instructions on sex discrimination protections for transgender students under Title IX of the Education Act of 1972. Two updated, internal Office of Civil Rights (OCR)… more

Sharing Economy: European Parliament call for EU level guidance on employment and social security questions

To regulate or not to regulate: This question becomes relevant for the sharing economy after last week’s European Parliament resolution calling for clear EU guidelines on the collaborative economy. The resolution is a response to the… more

Words Matter-Chimpanzees Are Not “Clients”

You have probably heard of the decision by the First Judicial Department’s Appellate’s Division upholding the lower courts’ decision not to sign orders to show cause seeking the transfer of chimpanzees from one form of captivity to… more

Earthquake Coming? Supreme Court to Weigh Constitutionality of IPRs (2nd Article)

On June 12, the Supreme Court took certiorari on probably the biggest IPR case possible: a case challenging the constitutionality of IPRs on separation-of-powers and seventh amendment grounds. This comes just a few weeks after the… more

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