Latest Updates

Rescind that Job Offer After Her Notice of Pregnancy? Maybe Not

Seyfarth Synopsis: The Minnesota Supreme Court found that a job applicant need only prove that the employee’s interest in a 12-week maternity leave was the “substantial causative factor” that “actually motivated” the employer’s… more

UPDATE: Congress and Trump Administration Repeal “Blacklisting” Rule, Relieving Contractors from Strict Labor Reporting and Other Requirements

On March 27, 2017, President Donald Trump signed into law a Congressional Review Act (“CRA”) resolution repealing the so-called “blacklisting” rule, which would have imposed strict labor reporting and other requirements upon government… more

Advertising Litigation Report: Vol. 2, No. 2 - National Advertising Division (NAD) and National Advertising Review Board (NARB)

The Colgate-Palmolive Company (Tom’s of Maine “Naturally Dry” Antiperspirant), NARB Panel Report No. 215 (Jan. 25, 2017) - A National Advertising Review Board (NARB) panel determined that the National Advertising Division (NAD)… more

Advertising Litigation Report: Vol. 2, No. 2 - National Advertising Division (NAD) and National Advertising Review Board (NARB)

The Colgate-Palmolive Company (Tom’s of Maine “Naturally Dry” Antiperspirant), NARB Panel Report No. 215 (Jan. 25, 2017) - A National Advertising Review Board (NARB) panel determined that the National Advertising Division (NAD)… more

The Impact of Tax Reform on Private Equity

If the past 12 months have taught us anything, it’s that the future is hard to predict. One need only look at the ascendancy of Brexit, President Donald Trump, or even the New England Patriots in the second half of the Super Bowl to… more

The zero-hours contract debate: is the end in sight?

It was reported yesterday that McDonald’s is set to offer employment contracts containing fixed hours to its 115,000 employees employed under zero-hours contracts. This follows a trial offer across 23 restaurants, following which 20%… more

Article 29 Working Party Issues Guidance on Data Protection Impact Assessments

The steady trickle of GDPR guidance from the Article 29 Working Party continues. Fresh from finalising its guidance on data portability, lead supervisory authorities and data protection officers, the Working Party has published draft… more

State AGs criticize ED withdrawal of Obama student loan servicing policy direction

A group of 20 state attorneys general, the D.C. attorney general, and the Executive Director of the Office of Consumer Protection of Hawaii have sent a letter to U.S. Department of Education Secretary Betsy DeVos criticizing the ED’s… more

Supreme Court Decides Lewis v. Clarke

On April 25, 2017, the Supreme Court decided Lewis v. Clarke, No. 15-1500, holding that an Indian tribe’s sovereign immunity does not bar a suit against a tribe official or employee, in their individual capacity, for acts he or she… more

Big For Gigs: New Florida Law To Eliminate Misclassification Battles

I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the full… more

OFCCP Secures $1.7 Million Settlement In Failure-To-Hire Case

The Office of Federal Contract Compliance Programs and Palantir Technologies, a California-based technology company, have agreed to settle a pending lawsuit for about $1.7 million. We first reported on this case in October 2016… more

5 Key Takeaways: Retail & Consumer Goods Industry Team Presentation “In the Trenches with Social Media”

Kilpatrick Townsend’s Retail & Consumer Goods Team presented a webinar In the Trenches with Social Media, focusing on risk mitigation and solutions. Led by Barry M. Benjamin, partner in the firm’s New York office and chair of the… more

SC court awards Lowe's employee workers' comp disability benefits

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying definitions in… more

The FCA publishes its Business Plan 2017/18 and Mission: a clearer path ahead?

On 18 April the FCA published several important documents which, overall, aim to provide greater clarity about how it operates and more transparency about its decision-making. We give our views on the key documents and important… more

How Pharma, Biotech and Medical Device Companies Can Protect Against Product Liability Lawsuits

Among the many concerns manufacturers of therapeutics face is that of product liability lawsuits. While it is difficult to entirely eliminate the risk, there are steps companies can take to minimize it. Here are a few..… more

IRS Updates FATCA FAQs, Addresses January Temporary Regulations

On April 6, 2017, the Internal Revenue Service (the IRS) added three new frequently asked questions to its Foreign Account Tax Compliance Act (“FATCA”) compliance page, which is available only online. These additional FAQs clarify… more

European Commission Prioritizes Completion of Digital Single Market

Since May 2015, the European Commission ("Commission") has identified the completion of the Digital Single Market as one of its top-ten political priorities. The Digital Single Market Strategy ("Strategy") aims at ensuring better… more

GDPR Compliance: The Ticking Time Bomb

General Data Protection Regulation (GDPR) compliance is not an IT exercise. Cyber security represents a huge risk to firms (records breaches increased 556% in 2016, totaling more than 4 billion) and GDPR is an important regulation… more

Termination for convenience: What is the contractor entitled to?

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience...… more

PA DOH: Permit Application Review is On Schedule

Pennsylvania Department of Health Secretary Dr. Karen Murphy just concluded a Press Conference, where she, along with John J. Collins, Director of Pennsylvania’s Office of Medical Marijuana, provided an update on the Grower/Processor… more

Intellectual Property Strategies for Startups

One of the toughest things about being a new and struggling startup is that funds can be incredibly limited, so you have to carefully assess how to use the precious resources you have most effectively..… more

Don't Strike Out: What to Do if Your Employees Strike on May 1

With the news reporting a large labor strike of around 350,000 workers planned for May 1, employers should develop a response strategy now to limit liability and keep their businesses humming. The nature of this strike may provide… more

Alert: New Executive Order Promotes Federal Procurement of US-Origin Products

On April 18, 2017, the president issued an executive order announcing a policy of maximizing the federal government's procurement of goods, products and materials produced in the United States, as well as "rigorously" enforcing laws… more

IBB Announces Higher Blend Biofuels Dominate in Iowa

On April 4, 2017, the Iowa Biodiesel Board (IBB) announced that the Iowa Department of Revenue’s 2016 Retailers Fuel Gallons Annual Report demonstrated that more than half of Iowa’s fuel retailers carried biodiesel blends in 2016. In… more

The DOL's 2016 Proposed Overtime Rule Under the Trump Administration: Reading the Tea Leaves

The Department of Labor's Fair Labor Standard Act (FLSA) Overtime Rule was slated to take effect on December 1, 2016. The new regulations would have extended the rights to overtime compensation to millions of additional employees in… more

When You Want the Best Car Accident Attorney

The number of automobile accidents and the rates of injuries and fatalities are on the rise throughout the country. When a driver, passenger, or pedestrian are involved in an automobile accident, it is important to retain a lawyer who… more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Compressed Committee Activity - Over the next four to six weeks, the Maine legislature’s committees will… more

Further Extension of Exemption from EU Clearing Obligation for Pension Funds

A Commission Delegated Regulation has been published in the Official Journal of the European Union that extends the transitional exemption period under the European Market Infrastructure Regulation for pension funds to comply with the… more

Attorney General Sessions reemphasizes DOJ commitment to FCPA enforcement, individual accountability: 4 takeaways for business

As the Trump Administration wraps up its first 100 days, practitioners have a bit more clarity regarding how the new Administration will assess corporate compliance programs, cooperation and white collar cases. Over the past few weeks… more

"Common Sense Reality": Seventh Circuit Holds That Sexual Orientation Discrimination Violates Title VII

In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision of its… more

Fate of U.S. - Canada dam license in question

The holder of the U.S. federal hydropower license for a dam spanning the international border with Canada border has petitioned for approval to surrender that license, citing economic considerations. At issue is the Forest City… more

Supreme Court Grants Cert on, of all Things, the Standard of Review for Determining Non-Statutory Insider Status

Last December, we updated you that the Supreme Court was considering whether to grant review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). Our original post is here. On March 27, 2017, the Supreme Court granted… more

Reporting Reasonable Suspicion Tests To Third Parties When No Suspicion Existed May Give Rise to Defamation and Invasion of Privacy Claims in Louisiana

Requiring employees to submit to directly observed reasonable suspicion testing and falsely reporting to third parties that the employees were tested because of reasonable suspicion may give rise to claims for invasion of privacy and… more

Products Liability in a Post-Tincher World: Appellate Court Upholds $55M Verdict Against American Honda Motor Co., Inc.

In American Honda Motor Co., Inc., v. Martinez, et. al., the Superior Court of Pennsylvania upheld the jury’s verdict and award of more than $55 million to Plaintiff Carlos Martinez, who was rendered a quadriplegic after he lost… more

EU Clarification on CCP Portfolio Margining Requirements

The European Securities and Markets Authority has published an Opinion addressed to EU national regulators on the portfolio margining requirements for CCPs under the European Market Infrastructure Regulation. The Regulatory Technical… more

District Court Rules Plaintiff Failed To Plead Real Estate Investment Was A “Security”

Both the Securities Act of 1933 and the California Corporate Securities Law of 1968 provide similar, but not the same, definitions of a “security”. See Making A List Of Securities And Checking It Twice. Although these lists are… more

Canada expands protection of individual rights with new legislation on genetic testing and privacy

Significant legislative changes are on the horizon in the field of genetic testing with Parliament’s recent passage of Bill S-201: An Act to Prohibit and Prevent Genetic Discrimination (“Act”). The Act will implement broad protections… more

Trump Administration Releases Blueprint of Tax Reform

On April 26, 2017, the Trump Administration announced a blueprint of tax reform principles that is described as “The Biggest Individual and Business Tax Cut In American History.” The Administration identified four goals for tax reform… more

Past is Prologue: The Future of US and UK Arbitration

Much has been said and written about the UK public’s decision in June 2016 to leave the European Union and the November 2016 election of President Donald Trump. It seems obvious that these momentous events will have profound… more

Employee Business Expenses must be Ordinary and Necessary

Employees may be able to deduct their work related expenses as an itemized deduction. These expenses must be unreimbursed expenses that are ordinary and necessary to their work as an employee. According to IRS, an ordinary expense is… more

Compliance is Not “Rocket Science”

In the compliance arena, like in many others in life, we value simplicity. I have repeatedly stressed the importance of compliance initiatives that are relatively simple. Too often, lawyers and compliance professionals confuse… more

Antitrust practice as a matter of legal business (Ukrainian)

Over the past 10-15 years, the relevance of antitrust and competition law issues has increased considerably. In order to provide efficient consultations, the large law firms have established separate antitrust practices. The article… more

[Video]Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S.

For patent applications, the disclosure requirements differ among various countries. Two of the most important territories, the United States and the European Patent Convention, scrutinize parts of the patent disclosure… more

United States District Court Judge Blocks Trump Administration from Withholding Federal Funds from Sanctuary Cities

On April 25, 2017, United States District Court Judge William Orrick imposed a temporary injunction on any attempts by the Trump administration to enforce portions of an executive order that called for the withholding of federal funds… more

St. Louis’s Minimum Wage Increase to Take Effect in the Coming Days

On April 25, 2017, the Supreme Court of Missouri issued its mandate in Cooperative Home Care, Inc. v. City of St. Louis (No. SC95401), paving the way for St. Louis City’s minimum wage ordinance to take effect, which will increase the… more

[Video]2017 IP Developments

Brinks Gilson & Lione attorneys discuss the issues that will be front and center on the minds of intellectual property departments and attorneys in 2017. Firm president, Jim Sobieraj, will moderate this panel of presentations by… more

The DTEK Restructuring - The Final Chapter

The court’s sanction of DTEK's latest scheme includes novel references to its outstanding bank debt and helpfully rules on the controversial 'domicile test'. The DTEK group recently implemented a long-term restructuring of its… more

Food and Beverage News and Trends - April 2017

Six consumer groups ask major food companies to oppose regulatory reform bill. On April 11, a coalition of six consumer organizations sent a letter to 11 major food manufacturers, retailers and restaurant chains, calling upon them to… more

New Changes to Massachusetts Regulations on Criminal History Checks

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal Justice… more

FERC Gets Another Round on Energy Storage

On April 13, the Energy Storage Association filed a complaint at the Federal Energy Regulatory Commission against PJM Interconnection, arguing that PJM’s recent changes to how it determines the benefit of a limited-energy frequency… more

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