Latest Updates

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The court… more

Uber’s Former CEO and Current Chairman of the Board Sued Personally for Independent Contractor Misclassification – Is This an Effort to Circumvent Uber’s Arbitration Agreements?

Last week, the lawyers representing drivers who have sued Uber in California commenced another lawsuit on behalf of drivers alleging that Uber misclassified them as independent contractors instead of employees. This lawsuit, though, is… more

Food & Beverage Litigation Update | June 2017 #4

NAD Says Aldi Should Change Savings Claims Ads - The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more than 50… more

Disparaging, Degrading, Derogatory Trademarks: They're Now Enforceable Says Supreme Court

You may remember that several national sports franchises are under fire for trademarks and branding that is seen to be racially disparaging. The Washington Redskins are the first team to come to mind, and it wasn’t too long ago that we… more

The future of work: using the gig economy to your advantage

One of the more interesting recent developments in relation to work has been the continual rise and development of the gig economy – that is, workers developing niche areas of specialist expertise, but having careers characterised by a… more

Real Estate Investment in Africa: Is the Honeymoon Over?

The environment for real estate investment in Africa contains a perplexing mix of positive and negative factors. This is quite apart from the obvious fact that, in a continent of 54 countries and wide variations in levels of economic… more

Inbound and Outbound U.S. Tax Planning - What's Left After the MLI?

On June 7, 2017, the formal signing ceremony of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the “Multilateral Instrument” or “MLI”) took place. Sixty-eight… more

Insurance Coverage Applies for Cost of Repair, Even When Cost Exceeds Value

California Fair Plan Association v. Marlene Garnes - Court of Appeal, First Appellate District (June 14, 2017) - On a fire insurance policy, is a “total loss” one in which the damage exceeds the fair market value of the property… more

Recast EU Insolvency Regulation Comes Into Force

From today, 26 June 2017, the Recast EU Insolvency Regulation (Council Regulation (EC) No. 2015/848) comes into force and will apply to all relevant insolvency proceedings (although existing and ongoing proceedings will continue to be… more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship under the… more

Development Rights and Responsibility Agreements: The Give and Take of Development

Under Maryland law, the rights of a land developer to develop property for commercial or residential uses generally do not “vest” until there is some visible, lawful, construction on the property. Of course, development of a property… more

EMA Committee Issues Positive Opinion for Biogen’s Adalimumab Biosimilar Candidate

According to a Biogen press release, the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA) issued a positive opinion for Biogen’s Imraldi®, a proposed biosimilar to AbbVie’s Humira®… more

Genesis Healthcare Settlement with Federal Government

On June 16th, 2017, The Department of Justice (“DOJ”) announced a $53.6 million dollar settlement with Genesis Healthcare Inc. (“Genesis”) over six federal whistleblower lawsuits alleging that subsidiaries of the rehabilitation and… more

Supreme Court Solidifies Specific Jurisdiction Analysis To Dismiss Product Claims Filed Against Non-Resident Defendant, Bristol-Myers Squibb Co.

Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of California. A group… more

New Incentive for Data Centers in Florida

This session, Florida approved legislation that provides for a sales tax exemption for data centers and goes into effect on July 1, 2017. The exemption eliminates sales and use taxes for infrastructure, equipment, personal property… more

TransUnion Hit with Record $60 Million Dollar Verdict in FCRA Class Action

A California jury recently returned a large verdict in a Fair Credit Reporting Act ("FCRA") case which alleged that TransUnion's credit reporting confused the class consumer names with the names of criminals and terrorists on a… more

What Does This Mean For You?

The Dreher case is significant and should be welcome news for defendants facing technical claims — often broad, putative class actions premised on allegations of hypothetical or informational injuries. The Fourth Circuit is trending… more

ITC Issues Public Commission Opinion Clarifying Methodology for Allocating Domestic Industry Expenses and Issuing Exclusion Order against Product with Medical Applications

On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress Systems”)… more

Suit Over Hospitals’ Alleged Anticompetitive Marketing Sent to Trial

Conspiracies between competitors can be hard to prove, even when other parties to the alleged conspiracy have settled. On May 31, 2017, a federal judge denied summary judgment and ruled that the Department of Justice (DOJ) and Michigan… more

NYSE Withdraws Proposed Rule Allowing Listing Without an IPO

On June 19, 2017, the NYSE withdrew its proposed rule, originally issued on March 13, 2017, to modify the provisions regarding the qualification of companies listing on the NYSE to allow for a listing without an IPO. Section 102.01B… more

Patent Legislation on the Hill: Senators Introduce the STRONGER Patents Act of 2017

Although the America Invents Act was enacted less than six years ago, the appetite for intellectual property legislation in D.C. has continued unabated over the last several years. In addition to the recent Defend Trade Secrets Act… more

Amendments to Illinois Hospital Licensing Act Align Illinois Law with CoPs

On June 23, 2017, the Illinois register will publish a number of significant amendments to the rules and regulations promulgated under the Illinois Hospital Licensing Act (the Act), at 77 Ill. Admin. Code § 250 et seq. These amendments… more

GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc. (D. Del. 2017)

District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits - Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S. District Court… more

5 Best Practices For Minimizing Rescission Risk

Recent court decisions across a variety of industries highlight the importance of submitting accurate and complete insurance applications and renewals. When submitting an insurance application, the applicant should accurately and… more

Illinois Attorney General Limits "Probable or Imminent Litigation" Exception Under Open Meetings Act For Closed Sessions

Illinois Attorney General Lisa Madigan has issued a binding opinion concerning action taken by the City of Bloomington City Council. The binding opinion further limits the attorney general's interpretation of the Illinois Open Meetings… more

The High Court of Justice hands down judgment on professional negligence in tax avoidance schemes

The High Court of Justice (in the case of Halsall and others v. Champion Consulting Ltd and others [2017] EWHC) has handed down judgment in a professional negligence claim arising out of failed tax avoidance schemes. HHJ Moulder found… more

GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc. (D. Del. 2017)

District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits - Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S. District Court… more

New German Anti-Money Laundering Act - impact on gambling operators

On 26 June 2017 a new Anti-Money Laundering Act (AML Act or “Geldwäschegesetz” = GwG) entered into force in Germany. The new AML Act transposes the 4th AML Directive into German law. It has severe impacts on gambling companies that are… more

Nevada Imposes Fiduciary Obligations on Broker-Dealers and Investment Advisers

Broker-dealers and investment advisers with clients in Nevada should review the fiduciary obligations contained in new amendments to the Nevada financial planner statute that go into effect on July 1, 2017… more

North Carolina Legislative Update - June, 2017 #4

This week the General Assembly gave final approval to the two-year state spending plan and heard various bills as rumors of adjournment started to stir. Budget (SB257) - This week the House and Senate passed the final version… more

Sweet as Candy? Sugarfina takes Competitor to Court

On June 15th, Sugarfina Inc. (“Sugarfina”), a gourmet candy boutique, sued one of its competitors, Sweet Pete’s LLC (“Sweet Pete’s”), accusing Sweet Pete’s of trade dress, copyright, trademark, and patent infringement, as well as… more

The Taxpayer Transparency And Fairness Act Is Anything But

Recently, I wrote about the stealth with which the California legislature enacted AB 102, which it ironically named the Taxpayer Transparency and Fairness Act of 2017. Having been birthed in opacity, AB 102 will operate with even less… more

Gavel to Gavel: Preventing pregnancy, maternity, paternity discrimination in workplace

The Equal Employment Opportunity Commission continues to prioritize “accommodating pregnancy-related limitations under the Americans with Disability Act Amendments Act and the Pregnancy Discrimination Act,” according to its Strategic… more

South Korea Joins APEC Cross-Border Privacy Rules System

On Monday, June 12, South Korea became the latest country approved to officially join the Asia-Pacific Economic Cooperation’s (APEC) Cross-Border Privacy Rules (CBPR) system. It is the fifth APEC economy to participate in the system… more

[Audio]This Week in FCPA-Episode 58, the Declination Edition

After last week’s guest announcers, Jay and I return for a wide-ranging discussion on some of the week’s top compliance related stories, including: 1. The first Declination of the Session’s Justice Department, Linde gas. 2. The son… more

Organizing Data Privacy Within A Company

Although organizations have dealt with privacy issues for years, only in the past decade have they begun to view the complexities of privacy as requiring formal organizational structure, dedicated employees, and/or dedicated resources… more

Don’t Get Caught Whistling Winn-Dixie: Rethinking ADA Compliance After First-of-its-Kind Verdict

On June 13, 2017, the US District Court for the Southern District of Florida issued a verdict in a first-of-its-kind federal trial involving the alleged inaccessibility of a website under the Americans with Disabilities Act (ADA)… more

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D. Cappozi… more

Corporate and Financial Weekly Digest - Volume XII, Issue 24

BROKER-DEALER - FINRA Proposes to Make New TRACE Security Activity Reports Available - On June 19, the Financial Industry Regulatory Authority filed a proposed rule amendment that would make new Trade Reporting and Compliance… more

Ninth Circuit Finds Small Government Subdivisions Subject to ADEA

The Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees. For years, small local governmental units have understood that they are exempt from ADEA jurisdiction based on the actual number of… more

FINRA Releases New Guidance Regarding Social Media and Digital Communications

On April 25, 2017, the Financial Industry Regulatory Authority (“FINRA”) issued Regulatory Notice 17–18, Social Media and Digital Communications (the “Regulatory Notice”), addressing certain frequently asked questions regarding the use… more

UK: FCA call for input on access to insurance

On 20 June 2017, the Financial Conduct Authority (“FCA“) published a Call for Input inviting firms (amongst other stakeholders) to submit their views on the challenges they face in providing travel insurance to consumers who have (or… more

De Sole et al. v. Knoedler Gallery, LLC et al.: #FAKES

In the past, when one thought of “art” and “risk,” World War II–era looting and restitution often came to mind. While these issues are certainly still prominent, the importance of due diligence and risk management have increasingly… more

IV Anti-Money Laundering Directive: the issuance of the Italian Legislative Decree implementing the Directive

The Legislative Decree No. 90 of May 25, 2017 has been published in the Ordinary Supplement No. 28 of the Italian Official Gazette No. 140 of 19 June 2017 (the Decree). The Decree amends the legislative decrees No 231 dated 21 November… more

New rules on significant controllers target AIM

UK incorporated AIM companies are now within scope of the "people with significant control" regime in Part 21A of the Companies Act 2006 (the PSC regime). Under the terms of the implementing statutory instrument they will, from 24 July… more

Compliance Lessons From Uber: Takeaways for Tech Startups

While the media has widely covered the resignation of Uber’s CEO Travis Kalanick, it has largely ignored important lessons that tech startups can draw from Uber’s experience. In fact, the series of events leading up to Kalanick’s… more

The Supreme Court - June 23, 2017

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau entered… more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may require ID of status updates posted by “bots”

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment… more

Coming Soon to Your State? Laws Banning Inquiries into Applicant Salary History Gaining Steam

As reported by HRLegalist earlier this year, Philadelphia’s City Council unanimously approved a pay equity bill making Philadelphia the first city in the nation to adopt comprehensive “wage-gap” legislation. Under the Wage Equity Law… more

HHS Publishes Health Care Cyber Attack Checklist

HHS has published a very brief guide, in the form of a checklist, to explain the steps for a HIPAA covered entity or business associate to take in response to a cyber related security incident. You can access the checklist at this… more

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Operating from six strategic locations — Anchorage, Beijing, New York, Portland, Seattle, and Washington, D.C. — Garvey Schubert Barer represents clients locally, nationally and internationally, with…

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