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Felicia Reid Explores 2016 California Wage-and-Hour Law Affecting Agricultural Workers in Daily Journal

HK's Felicia Reid authored the Los Angeles/San Francisco Daily Journal “New Laws” supplement article titled, “AB 1066: Overtime for farmworkers.” The piece unpacks the Phase-In Overtime for Agricultural Workers Act of 2016, a…more

Inclement Weather FAQs: Who Gets Pay for a Snow Day?

As winter progresses, employers may find themselves monitoring the weather and wondering how to handle numerous operational headaches. Should a worksite close? If so: when, and for how long? Who can work from home, and who must be paid…more

Privacy Alert: NIST Updates Cybersecurity Framework to Address Supply Chain Security

Last week, the National Institute of Standards and Technology (NIST), a measurement standards laboratory in the United States Department of Commerce, released draft version 1.1 of its Framework for Improving Critical Infrastructure…more

Will “Making America Great Again” Mean Increased Enforcement of the Buy American Act? What Government Contractors Can Do Right Now.

Over the course of the presidential campaign, President Trump indicated a willingness to punish companies that source labor or manufacture products abroad, particularly from China and Mexico. With promises of a $1-trillion dollar…more

MedPAC Votes on Medicare Payment Rate Sufficiency

On January 12, 2017, Medicare Payment Advisory Commission (MedPAC) members unanimously voted to maintain Medicare’s existing updates (i.e., maintain the increases Congress and the HHS Secretary have already established) to hospital and…more

Collecting Information From Children In The EU: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States there are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy…more

Blue Shield Avoids TCPA-Related Liability

A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act (“TCPA”)…more

Advertising Law - January 2017

SPECIAL FOCUS: Memories Light the Corners of Regulators' Minds - The Federal Trade Commission and the Attorney General for the State of New York (NY AG) recently filed a joint lawsuit against Wisconsin based Quincy Bioscience…more

Life sciences patents: method claims – united they stand, divided do they fall?

Patent protection for methods claims can be tricky. Particularly for medical devices, diagnostics and even drugs, methods claims can present dilemmas for enforcement. It can boil down to the key question of "who" – who performs each of…more

Developers take note: What you need to know about proposed changes to the Environmental Planning and Assessment Act 1979

After his predecessor failed to push through a whole new Planning Act in 2013, the current Planning Minister, Rob Stokes, appears to have accepted that he is stuck with the ageing Environmental Planning and Assessment Act 1979 and he…more

Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing

On November 17, 2016, the US Court of Appeals for the Third Circuit in Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC, No. 16-1351 (3d Cir. Nov. 17, 2016) clarified the often-muddy interplay between indenture…more

Fractions And Squeeze Outs

The last two posts have discussed what a corporation may do with fractions of shares. I entitled the first of these posts “Breaking Up Is Not Hard To Do – Fractions, Scrip And Scrippage” in partial reference to the song by Neil Sedaka…more

Changes to Polish Antimonopoly Law in a Nutshell

The Polish Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji i Konsumentów, “UOKiK”) has recently published its 2015 annual report presenting its first experiences with the recent amendments to Polish merger…more

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part I

About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability. These are the latest in a series of…more

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet act, or…more

State Water Board Considering Extension to Drought Emergency Regulations

Despite plentiful rain and snow across much of California, the State Water Resources Control Board is considering extending its emergency drought regulations in early February. During a public workshop in Sacramento on Wednesday…more

USCIS Announces I-485 Supplement J to Confirm Bona Fide Job Offers

Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability) is intended to enable USCIS to confirm that jobs offered to adjustment of status applicants in underlying I-140 petitions are bona fide job offers that…more

OSHA’s Advisory Guidance on Anti-Retaliation Programs

On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs. OSHA’s guidance provides examples and suggestions of steps companies can take to implement an effective anti-retaliation program. However…more

Your Daily Dose of Financial News

We learned about Navient and its allegedly trouble-filled student-loan servicing practices yesterday. Turns out the issues are not only long-standing, but they bear similarities to the mortgage-lending issues that were at the heart of…more

How Does The CFPB Actually Litigate?

At the risk of kicking the CFPB while it’s down, a question worth asking is: how does it actually litigate once a “covered person”[1] decides to resist? Setting aside the noteworthy PHH case, the vast majority of enforcement actions…more

Final FAR Rule: Employees’ Freedom to Report Fraud

There has been a debate for years about whether employers can, by agreement, prohibit their employees from “blowing the whistle” on them. The prudent view was this could be viewed by the courts as a violation of public policy…more

EU Court Strikes Down Security Legislation Over Privacy Concerns

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’ traffic and…more

Breaking News – Supreme Court Takes BMS Personal Jurisdiction Case

The United States Supreme Court today granted certiorari in Bristol-Myers Squibb Co. v. Superior Court. Here is a link to the order. The California Supreme Court decision in this case was our worst case for all of 2016. Here is our…more

Avoiding Common Mistakes Made by Startups in Acquisitions

So you’ve built a quality product that is being heavily consumed and a larger company is now seeking to acquire your startup. This blog post provides tips for avoiding common mistakes made by startup companies during acquisitions…more

Swiss join the EU in reaching data transfer accord with the U.S.

Last year the U.S. Department of Commerce and the European Commission agreed on a data transfer protocol that provides a mechanism for compliance with data protection requirements when transferring personal data from the EU to the U.S…more

Sudan Embargo Lifted

On January 13, the US Department of the Treasury's Office of Foreign Assets Control (OFAC) issued a general license that authorizes all transactions with Sudan that were previously prohibited by the Sudanese Sanctions Regulations…more

New Legal Challenges to Public Union Agency Fees

Public employees in three different federal circuits filed lawsuits this week challenging the constitutionality of public unions' right to require nonmembers to pay agency fees (also known as "fair share" fees). The plaintiffs bringing…more

First Circuit: Sending Form 1099-A Post-Chapter 7 Discharge Does Not Violate the Discharge Injunction

On December 14, 2016, the United States Court of Appeals for the First Circuit affirmed the New Hampshire Bankruptcy Court and District Courts’ findings that a mortgage lender sending Internal Revenue Service Form 1099-A to a…more

Kardashians Kept Out of Arbitration (and other recent arbitration news)

Just three weeks into the year and already my pile of arbitration cases is a skyscraper! So, I will cover a lot of ground in this update. First, the headline. Kimberly, Kourtney, and Khloe Kardashian moved to compel arbitration…more

Where do we go from here? The evolving landscape of molecular diagnostics

"Innovate or die." The adage has been in use for decades, but it holds true today. The world of molecular diagnostics is a rapidly evolving and competitive field. With the advancement in sequencing technologies and the scale of data…more

President Trump, the Ex-Im Bank and Aircraft Finance

The Export-Import Bank of the United States has been embroiled in a considerable amount of political controversy in recent years. Created in 1934 by a presidential executive order to finance and facilitate the export of U.S. goods and…more

Final Regulations Released Regarding PFIC Ownership Determination and Annual Reporting Requirements

On December 27, 2016, the Treasury Department (Treasury) and Internal Revenue Service (IRS) released final regulations regarding the determination of ownership of a passive foreign investment company ("PFIC") and regarding certain…more

Connected Cars are Coming. Quickly

One of the highlights at this year’s Consumer Electronics Show (CES) was the parade of new connected vehicle technologies.  Automakers and their suppliers rolled out a number of innovative capabilities that promise to shape the next…more

United States And Switzerland Reach Data Transfer Agreement

On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data between…more

Court Reminds Arbitrators and Employers: Proper Investigation of Employee Medical Marijuana Use is a High Priority

The courts have again reminded employers–and arbitrators–of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana contrary to the employer's policies…more

An Employer’s New Year Resolution: Pay Attention To Pay Equity In 2017

We are not yet through the first month of the New Year, but pay equity lawsuits have already dealt a one-two punch to employers: “one” being a million-dollar settlement between a legal and business research company and its employees…more

SEC Expands to Retail Customer Debt Transactions Disclosure of Broker-Dealer Mark-Ups and Mark-Downs

Currently, U.S. broker-dealers are not required to disclose their compensation in respect of fixed-income transactions effected as principal. In November 2016, the SEC approved a rule proposal of the U.S. Financial Industry Regulatory…more

OMB Issues Guidelines for Preparing for and Responding to PII Breaches

On January 3, the Office of Management and Budget (OMB) issued Memorandum M-17-12, which clarifies how federal agencies should prepare for and respond to data security breaches involving personally identifiable information (PII)…more

It Is Not All In The Family

Although a precedential decision allowing a “Family of Marks” to be considered in the context of an ex parte prosecution of an application that has been refused under Section 2(e)(1) to show acquired distinctiveness, this ruling could…more

Reporting on payment practices and performance

New rules requiring large companies and large limited liability partnerships to publish information about their payment practices and performance are likely to come into force in April 2017…more

Now, We Have a Privacy Shield with the Swiss Too: eDiscovery Trends

This appears to be our week to cover privacy stories on the blog. First, The Sedona Conference® (TSC) released the public comment version of its new Data Privacy Primer (which we covered on Tuesday). Also, last week, U.S. and Swiss…more

Energy Newsletter - January 2017

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in Spain and…more

DOL Updates Guidance on Proxy Voting by Plan Fiduciaries

On December 29, 2016, the U.S. Department of Labor (the “DOL”) released Interpretive Bulletin 2016-1 (“IB 2016-1”) relating to the voting of proxies on securities held in employee benefit plans. IB 2016-1 withdraws the current…more

New Year - New Insurance Law

In an earthquake related judgment issued in late December 2016, the High Court (Court) found a mutual duty of good faith applied to parties to an insurance contract, including during the claims handling process. A breach of that duty…more

Copyrighting a Dream

This week we celebrated the life and legacy of Dr. Martin Luther King, Jr. Dr. King’s mission was to teach our nation the value of tolerance and mutual respect regardless of each person’s differences. These lessons still ring true…more

China Requires Registration of App Stores

The Cyberspace Administration of China (CAC) on January 13, 2017 issued a notice concerning registration of Internet app stores. The notice requires that, effective January 16, all app stores must register with the provincial-level…more

Texas Supreme Court Accepts A Case Dealing With A No-Contest Clause

In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought an accounting, temporary injunctive relief, and a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727 (Tex…more

New ITC Investigations Surge in 2016

The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016, compared to an…more

Oral Argument Presented in Supreme Court Case Addressing the Level of Educational Benefit that must be Provided under IDEA

On January 11, 2017, the Supreme Court heard oral argument in the case of Endrew F. ex rel. Joseph F. v. Douglas County School District RE 1, Docket No. 15-187, to address the level of benefit a schools must confer on students to…more

Law Firm Professional Development: The Importance of Trust

An element that is rarely included in professional development and related business development curriculums in law firms is the topic of “trust.” Trust is difficult to quantify and as a result, difficult to measure. So creating a…more

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