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Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule. We previously blogged that OSHA had again delayed, to December 1, 2016, enforcement of…more

Mutual Fund Sales by Intermediaries – Fall-Out from DOL Fiduciary Rule and FINRA Enforcement

Mutual fund sales and distribution arrangements are once again under review. It has been reported that fund intermediaries are re-examining their practices relating to sales charges, share class structures and product offerings, in…more

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision requires…more

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

The Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone technology were…more

Countries at a Glance: Brazil - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - To reduce the risk of potential claims from employees that they have entitlements under a Plan, employees should expressly…more

Additional SEC Guidance on Pay Ratio Disclosure

As issuers prepare for the pay ratio disclosures that will be required with respect to fiscal years beginning on or after January 1, 2017, the Division of Corporation Finance issued new Compliance & Disclosure Interpretations (“C&DIs”)…more

Banking Regulators Invite Comment On Cybersecurity Standards For Large Banks

On Thursday, October 20, the Federal Reserve, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation jointly issued an advance notice of proposed rulemaking, requesting comments on enhanced…more

What To Know About PHMSA's New Emergency Authority Rule - October 2016

Law360, New York (October 24, 2016, 11:47 AM EDT) -- On Oct. 14, 2016, the Pipeline and Hazardous Materials Safety Administration published an interim final rule (IFR) establishing procedures to implement new imminent hazard authority…more

Manatt on Health Reform: Weekly Highlights - October 2016 #3 consumers begin previewing 2017 coverage options as HHS projects a 9% enrollment increase over last year and an average 22% benchmark premium increase; Oregon study finds increased primary care spending in…more

FINRA Proposes Rules to Protect Seniors from Financial Exploitation

In October 2016, FINRA filed with the SEC proposed rules designed to help brokers protect seniors and other vulnerable adults from financial exploitation. The proposal would amend existing customer account information rules to require…more

Failure to Report Uplift Payments, Capacity Sales, Corrective Action Taken, Highlight FERC EQR Audit

The Federal Energy Regulatory Commission’s (FERC) recent audit of a company participating in numerous wholesale power markets highlights errors that can occur with electronic quarterly reports as well as the actions suggested by FERC…more

Beginning next year, Florida’s minimum wage is going up

On January 1st, 2017, the minimum wage in Florida will increase from $8.05 an hour to $8.10 an hour. This represents the fifth-smallest hourly increase since Florida established a state minimum wage in 2005. For tipped employees, the…more

If More States Vote ‘Green’ This November, Some Believe It Could Be ‘The Beginning of the End of the War On Marijuana’

Next month, voters in five more states will decide whether to legalize recreational marijuana. As reported by The New York Times in an insightful article on this issue, some legalization advocates hope a (green) thumbs up from voters…more

Employment Law - October 2016 #2

California Employers Face New Laws - Why it matters - Employers in California will be facing some new laws in the coming months as Governor Jerry Brown signed several employment-related bills on the last day of the…more

SALT Implications of Final Section 385 Debt-Equity Regulations

The recently released final regulations under Internal Revenue Code Section 385, addressing the circumstances under which related company debt will be classified as equity for federal income tax purposes, will have a significant impact…more

Belmora Takes Its FLANAX Headache to the U.S. Supreme Court

Well, a lot has happened since we last reported on the District Court’s decision in the FLANAX trademark dispute. As you may recall, the Trademark Trial and Appeal Board granted Bayer’s Petition and cancelled the FLANAX registration…more

SEC Adopts Final Rules Regarding Intrastate and Regional Offerings

On October 26, 2016 at an open meeting, the SEC adopted final rules regarding intrastate and regional offerings, which closely follow the SEC’s proposed rules issued on October 30, 2015. The final rules amend Securities Act Rule 147…more

October 2016: Entertainment Litigation Update

Pokémon GO: What Legal Pitfalls Await Augmented Reality Games? On July 6, 2016, Pokémon GO launched in the United States to immediate popularity—more than 45 million people downloaded and played the game on their smartphones in its…more

Industry custom evidence held admissible in CA product liability case based on defective design

A recent California appellate decision, Kim v. Toyota Motor Corp, if upheld by the California Supreme Court, could change the landscape in the admissibility of industry custom and practice evidence in strict products liability design…more

European Commission publishes an EU corporate tax system

Today the European Commission published three corporate tax directives that potentially will apply in 27 Member States (28 - UK) of the European Union. These corporate tax directives include: the Common Consolidated Tax Base (CCTB)…more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022. Smaller…more

Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules

A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final…more

Antitrust Reverse Termination Fees--2016 Q3 Update

This post updates the public deal antitrust reverse termination fee database through September 30, 2016. An antitrust reverse termination fee (ARTF), sometimes called an antitrust reverse breakup fee, is a fee payable by the buyer…more

Countries at a Glance: Israel - Employee Stock Purchase Plans

Employee Stock Purchase Plans - Labor Concerns - A claim for breach of contract could arise where a Plan is amended or discontinued. It is recommended that Plan provisions are drafted so as to preclude temporary employees and…more

Antitrust Agencies Release Guidance on Employee Hiring and Compensation

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law applies to employee hiring and compensation…more

What Can Big Data Analytics Do? Rewrite History: eDiscovery Trends

One amusing plotline in the 1998 movie Shakespeare in Love (a terrific movie even though, IMHO, it shouldn’t have beaten out Saving Private Ryan for best picture that year – just sayin’) was the rivalry between young Will Shakespeare…more

Losing Control of V

A common client question is: “Can I ‘get in trouble’ for copying a picture, drawing, or cartoon and pasting it into my report, PowerPoint, etc.?” Before you can answer, they try to answer their own question, adding “Everyone is doing…more

Another Benefit of Arbitrating Employment Disputes

One of my least favorite phrases in blogging is “repurposing content.” The verb “repurposing” hurts my ears. You can give something a purpose, but you’re not “purposing” it. And if “purposing” isn’t a verb, how did “repurposing” become…more

Overcoming 101 Rejections in the 3600 Technology Center

Patent applicants whose applications have been assigned to the USPTO Technology Center 3600 have been particularly impacted by the Supreme Court’s June 2014 decision in Alice Corp. v. CLS Bank Int'l. However, overcoming 101 rejections…more

Biosimilar Litigation Update

With the U.S. biosimilar pathway created by the Biologics Price Competition and Innovation Act (BPCIA) now fully up and running, there are now seven ongoing biosimilar litigations in the U.S. Here are brief updates on recent…more

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For businesses…more

Ninth Circuit Denies Motion to Dismiss and Motion to Stay Publication of Decision Holding Nevada HOA Super-Priority Lien Statute Facially Unconstitutional

As we have previously covered in a series of blog posts, the Nevada Supreme Court held in September 2014 that Nevada Revised Statute chapter 116 allows homeowners’ associations (HOAs) to non-judicially foreclose on homeowners who have…more

Back to basics: enforcing a judgment in Scotland

The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment is not…more

Failing to Properly Classify Workers as Employees vs Independent Contractors: Pay Me Now or Pay Me Later - Common Legal Mistakes Made by Small Business Owners

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip # 5 Properly Classify Workers as Employees versus Independent Contractors…more

Sweepstakes Attorneys: Protecting Your Promotions

Promotions Law and Sweepstakes Attorneys - Conducting a sweepstakes, contest or other form of promotion can be a highly effective way of increasing your customer base, or creating stronger brand loyalty among existing customers…more

US Federal Banking Agencies Release Public Sections of Resolution Plans for Eight Systemically Important Financial Institutions

The US Federal Reserve Board and the FDIC posted the public portions of the required “targeted submissions” for eight systemically important US banking institutions..…more

Court Holds Indemnity Provision Provides No Right To Attorney Fees

Contractual indemnity provisions often broadly provide for the payment of the indemnified party’s attorney fees. In Alki v. Superior Court, 2016 Cal. App. LEXIS 892 (Cal. Ct. App. 2016), for example, a fund administration agreement…more

AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed states to…more

Hospitals, Physician Practices and Clinics are Reminded to Post New Non-Discrimination Notice

Hospitals, physician practices and other health care providers that receive federal financial assistance, which includes receiving reimbursement from Medicare Parts A, C and D and/or Medicaid, are reminded to post new…more

New draft regulation on REITs

On 14 October 2016, the Polish government published a long-awaited draft of a new law on real estate investment trusts (REITs) (Polish: spólki rynku wynajmu nieruchomosci). The draft has now been referred to public consultation and the…more

EU Consultation on Machinery Directive

The European Commission launched a public consultation on September 22, 2016, on the evaluation of the Machinery Directive (Directive 2006/42/EC), which aims to promote the free movement of machinery within the EU, and to ensure a high…more

Defamation Takes A Holiday: Slander And The Salem Witch Trials

Hypothetical: You go out for a nice stroll one Halloween only to have a neighbor emerge from his house with a pitchfork and accuse you of being a witch in front of the whole village. For the sake of argument, let’s say you are not…more

Election Day is Coming – What are Your Obligations as an Employer?

With Election Day drawing near, and large voter turnout expected, employers should ensure they are aware of state law requirements related to providing employees with time off. While not all states impose requirements on employers…more

Mandatory Wage Exemption Changes

Gunner Gunter employs dealership manager Sayles and computer technician H. Packard (“Pack”) at Falconaire’s Fine Ford and pays these “white collar” employees $40,000 per year. In busy sales months, each averages 50-60 hours a week…more

The Attorney Client Privilege in Community Associations

Few legal concepts rival the complexities surrounding the attorney-client privilege in community association matters. The confusion about these complexities, and the resulting misunderstandings, do not discriminate, roping in…more

HHS Issues Guidance Regarding Importance of Business Associate Agreements Between Covered Entities and Cloud Services Vendors

The Health and Human Services Office for Civil Rights (OCR) recently issued guidance regarding the importance of covered entities and cloud service vendors maintaining business associate agreements (BAAs) where electronic personal…more

Your Daily Dose of Financial News

Italy’s struggling lender Monte Dei Paschi is cutting jobs and closing branches in an effort to revive the world’s oldest bank (and maybe save Siena in the process)…more

Department of Labor Rule Paves the Way for State-Run Retirement Plans

On August 24, the United States Department of Labor (DOL) announced a final rule governing the exemption of state-run retirement plans from the Employee Retirement Income Security Act (ERISA). Over 30 states have either implemented or…more

FERC Issues ANOPR on Revisions to Oil Pipeline Indexing Policies and Reporting Requirements

On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking (“ANOPR”) seeking comments on potential revisions to (1) the Commission’s policies for evaluating…more

Intellectual Property Law - October 2016

Federal Circuit After Stryker/Halo - Why it matters: On June 13, 2016, the U.S. Supreme Court decided the consolidated cases of Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc. and, as had been…more

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