Latest Updates

German Federal Supreme Court: ‘Sofortüberweisung’ Must Not be the Only Free-of-Charge Payment Method in B2C Contracts

According to a press release of the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband; ‘vzbv’) dated 19 July 2017, the German Federal Supreme Court (‘FSC’) issued a judgment that held it is unreasonable for… more

Expecting A Big Change: Nevada’s New Pregnant Workers’ Fairness Act

The state legislature recently enacted the Nevada Pregnant Workers’ Fairness Act (NPWFA) to expand the scope of protection for employees and applicants. The NPWFA is based on the federal Pregnancy Discrimination Act (PDA), and is also… more

Dividing IRAs in the Context of a Divorce – No Good Deed Goes Unpunished

The recent United States Tax Court case of Jeremy Ray Summers v. Commission, T.C. Memo 2017-125, is an example of the old adage that “no good deed goes unpunished.” The case also highlights how sometimes form triumphs over substance in… more

Get To Know New Nursing Mothers’ Law For Nevada Workers

Although the federal Fair Labor Standards Act (FLSA) already protects nursing mothers from employment discrimination and retaliation while requiring employers to provide them with reasonable break time and a private space to express… more

Trump’s Fourth Wave of United States Attorney Nominations Like “Greatest Hits” Compilation of Previous Nominations

On July 21, 2017, President Donald Trump made his fourth group of nominations of prospective United States Attorneys. This brings the current number of Trump’s United States Attorney nominations to twenty-nine..… more

Participants who roll their pension benefits into IRAs do not ‘receive’ them

Metropolitan Life lost a case in the 5th Circuit on July 18, 2017, that probably surprised MetLife and may surprise you. The case is Thomason v. Metro. Life Ins. Co., 2017 WL 3049528 (5th Cir. July 18, 2017), and you may want to amend… more

Third Circuit Rejects Oil Producers’ Security Interest Arguments In Midstream Provider’s Bankruptcy Proceeding

On July 19, the U.S. Court of Appeals for the Third Circuit decided an important case involving oil and gas producers, intermediaries, and the ultimate purchasers of the oil and gas. The case, a bankruptcy matter, is In re: SemCrude… more

Who’s Responsible For Providing Disability-Related Workplace Accommodations To Temporary Employees?

Many businesses use temporary workers placed by staffing agencies. But who is responsible when a temporary worker requests a disability accommodation? The staffing agency and the business could both be responsible if they are acting… more

The Plaintiff Or Defendant Is Not From North Carolina. Does Section 75-1.1 Apply?

N.C. Gen. Stat. § 75-1.1 regulates conduct “in or affecting commerce.” The statute doesn’t expressly differentiate based on type of commerce—intrastate versus interstate. When conduct involves parties both inside and outside North… more

Nevada Changes The Game On Non-Compete Agreements

The Nevada Supreme Court has long recognized the legality of non-compete agreements between employers and employees. Recently, however, the Nevada state legislature updated the rules on non-compete agreements, specifying how employers… more

Contractors Need to Fully Address False Claims Act Allegations During Suspension or Debarment Proceedings

Companies involved in False Claims Act suits filed by qui tam relators often find themselves facing potential suspension or debarment from federal contracting. A recent decision out of the United States District Court for the District… more

ARIAS Certified Arbitrators: One Size Does Not Fit All

The Board of Directors for the AIDA Reinsurance and Insurance Arbitration Society (“ARIAS”) has been considering increasing ARIAS’ reach by expanding membership to brokers and policyholders. This is only in the exploratory stages, and… more

Good News! City of Orlando Permitting Process May Get Easier

The City of Orlando, in partnership with KPMG, hosted a Permitting and Development Forum to discuss enhancements of the current review process. The forum, which took place on June 1 in the City Council Chambers, provided insight into… more

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action Waivers

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the driver could… more

United States Supreme Court to Decide Whether Recharacterization of Debt Should Be Decided by State or Federal Law

On June 27, 2017, the United States Supreme Court granted the petition for writ of certiorari regarding the decision In re Province Grande Olde Liberty, LLC, 655 Fed.Appx. 971 (4th Cir. Aug. 12, 2016) to decide a circuit split on the… more

Congress Moving into the Driver's Seat for Autonomous Vehicles

On July 19, 2017, the first federal draft bill that addresses developing autonomous vehicle technology advanced to the full U.S. House of Representatives Committee on Energy and Commerce ("Committee"). On autonomous vehicles..… more

Immigration May Knock at Your Company’s Front Door Soon. What Do You Do?

With the Administration’s plan to build a huge wall along the United States-Mexican border stalled without funding and with waning support, the White House has increasingly shifted its immigration enforcement to employers. Most of the… more

What You Need To Know About The New NYC Department Of Buildings Procedure Involving Adjacent Properties

In connection with obtaining the NYC Department of Buildings' (DOB) approval of protection plans, which involve the installation of protection of an adjacent property, either physically on the adjacent property or in the air space… more

The Strange Case of OFAC Against Exxon for Sanctions Violations

In a bizarre enforcement action, The Treasury Department’s Office of Foreign Asset Control (“OFAC”) assessed a $2 million civil monetary penalty against ExxonMobil (“Exxon”) for violations of the Ukraine sanctions… more

Nevada Follows Trend By Passing Strict New Wage Disclosure Law

Many legitimate reasons exist to explain differences in compensation within a company, such as job qualifications and prior experience. Although employers may wish to maintain the privacy of this information, they could face legal… more

The Department of Labor Pulls the Plug on the “Persuader Rule” - Comment Period Open

The Department of Labor has begun the process of withdrawing a 2016 regulation that increased the reporting requirements for employers, labor relations consultants and others under the Labor-Management Reporting and Disclosure Act… more

Tennessee District Court: Dodd-Frank is Not a General Anti-Retaliation Law

The United States District Court for the Western District of Tennessee recently emphasized the limited scope of what constitutes protected activity under the Dodd-Frank Act’s (the Act) whistleblower protection provision, noting that… more

The FinTech Revolution: Enforcement Actions Brought against FinTech Companies and Their Implications

This is the second installment in a series of articles. For an understanding of FinTech products and services and how they are disrupting the financial services industry. As law enforcement authorities and government regulators have… more

New Form I-9 Again for Employers

On July 17, 2017 U.S. Citizenship and Immigration Services (USCIS) announced the availability of a new version of the Form I-9. The new version has a revision date of 07/17/17… more

Recent Department of Justice Crackdown on Fraud and Abuse

As reported by the New York Times in an article dated July 13, 2017, in an effort to crack down on fraud and abuse, and with a particular focus on opioids, the Department of Justice (“DOJ”) is charging 412 individuals for collectively… more

Cap-Exempt H-1B Petitions Once Again Eligible for Premium Processing

Effective immediately, United States Citizenship and Immigration Services (USCIS) will resume premium processing for select cap-exempt H-1B petitions. Cap-exempt petitioners who are eligible for premium processing can file Form I-907… more

U.S. Announces Updates to Iran-Russia Sanctions Bill

On Tuesday, July 18, 2017, the Trump administration announced new sanctions against entities and individuals with ties to Iran. The U.S. Department of State (DOS) and U.S. Department of the Treasury have listed 18 entities and… more

Buckle Up: Autonomous Commercial Vehicles are Coming to a Road Near You

While most of the buzz about autonomous vehicles involves passenger vehicles, autonomous trucks soon will become a reality, too. Large driverless trucks! Although it sounds implausible, and perhaps frightening to some, it will happen… more

Big Changes Coming to the Form and Substance of Auditor’s Reports

In early June, the PCAOB adopted a new auditing standard (AS No. 3101) that will fundamentally change the format and substance of the audit reports provided by outside auditors to their public company clients. This is big news in the… more

Planning for Depositions in Spain (Updated 2017)

Planning for depositions in Europe can be challenging for a variety of reasons. Fortunately, coordinating depositions in Spain is not too different from planning depositions in the U.S. Spain is one of the parties to The Hague… more

FSOC to Review Volcker Rule; Regulators Defer Enforcement for Foreign Funds

On Friday, July 28, 2017, Treasury Secretary Mnuchin will preside over an executive session of the Financial Stability Oversight Council (Council) at the Treasury Department. The preliminary agenda includes a discussion about the… more

President Trump Nominates Acting Chairman Ann Marie Buerkle as Permanent Chairman of the CPSC

Today, President Donald Trump officially announced his intent to nominate Acting Chairman Ann Marie Buerkle to be the permanent Chairman of the U.S. Consumer Product Safety Commission. Her new seven year term will begin on October 27… more

OSHA Launches New Website For Electronically Filing Injury And Illness Reports

The Occupational Safety and Health Administration’s new electronic portal, the Injury Tracking Application (ITA), where employers can file web-based reports of workplace injuries or illnesses, will be accessible beginning August 1… more

Shoring up the PBGC’s Insurance Program for Multiemployer Plans

The Pension Benefit Guaranty Corporation (PBGC) provides insurance for benefits provided under two types of private sector defined benefit plans; single employer plans and collectively bargained plans that are maintained by more than… more

Premium Processing Resumes For Certain Additional Cap-Exempt H-1B Petitions

The U.S. Citizenship and Immigration Service (USCIS) announced July 24 that it will resume premium processing of certain additional types of H-1B petitions, effective immediately. H-1B petitioners who are (or have a sound argument… more

What You Need To Know About Nevada’s New Domestic Violence Victims’ Law

By the turn of the New Year, employers in Nevada will have an obligation to provide workplace protections to domestic violence victims, including time off from work. Starting January 1, 2018, Nevada employees will be entitled to leave… more

Health Care E-Note - July 2017

Everywhere you look these days, there seems to be another report of a cyberattack -- attacks which do not discriminate based on industry type, size of business, or impact. In other words, everyone is vulnerable. In fact, the phrase… more

Capitol Hill Healthcare Update

Senate Republicans face a key procedural vote this week that would allow for debate of their healthcare legislation, but significant uncertainty remains about whether GOP senators can meet that procedural hurdle, what the underlying… more

Possible Workforce Impact from DACA and TPS Elimination

Seyfarth Synopsis: The combination of the Trump Administration re-examination of grants of Temporary Protected Status to nearly 340,000 foreign nationals, and the recent threats by Texas and ten other States to challenge the Deferred… more

Keeping Up with Cayla: Concerns over Interactive Toys Spur an FTC Update of COPPA Guidelines

“Pleeeease?!” Buying a quick gift or giving in to your child’s pleas for a new toy is quickly becoming a more serious decision. In the age where toys can happily entertain kids by talking to them, the few precious moments those toys… more

Texas’ Hailstorm Bill—Three Takeaways for Policyholders

On September 1, 2017, Senate Bill 10 / House Bill 1774 (the “Hailstorm Bill”) goes into effect. Proponents of the Hailstorm Bill will likely argue that the bill does not represent a significant regression of policyholder rights;… more

Former Employees Do Not Have Right To Inspect Personnel Files, Pennsylvania High Court Clarifies

Terminated employees, even those recently separated, are not entitled to inspect their personnel file under the Pennsylvania Inspection of Employment Records Law (the “Act”), according to the Pennsylvania Supreme Court. Thomas… more

Are the Bad Old Days of Blind Stonewalling in Discovery Finally Coming to a Close?

When I started as a litigator in 2001, a technique I call “blind stonewalling” ruled discovery practice everywhere from BigLaw to the smallest boutiques. But the slow evolution of the Federal Rules of Civil Procedure (FRCP), a gradual… more

CMS Summit on Potential Behavioral Health Innovative Payment Model (Sept. 8, 2017)

The CMS Center for Medicare and Medicaid Innovation is holding a public summit on September 8, 2017 to explore creating a behavioral health innovative payment model intended to improve health care quality and access, while lowering the… more

[Video]Day 16 of One Month to More Effective Internal Controls-COSO’s Objectives and Principles-Risk Assessments

The Integrated Framework (Framework Volume) recognizes that “every entity faces a variety of risks from external and internal sources.” This objective is designed to provide a company with a “dynamic and iterative process for… more

Go Fish: Discovery In PAGA Actions Just Got Easier

Brace yourself. Plaintiffs can now use representative PAGA actions as the basis for a statewide “fishing expedition” to discover alleged employer misconduct. Now, I’m a baby lawyer (or, more aptly, an almost baby lawyer) – I’m a… more

Washington’s New Biometric Privacy Law: What Businesses Need to Know

With the rise in hackings and data breaches, companies and government agencies are looking for ways to protect their data that offer more security than passwords. Because passwords are easily lost, stolen, guessed, and cracked by… more

CMS Issues Corrections to Medicare/Medicaid LTC Conditions of Participation

CMS has made numerous technical and typographical corrections to its October 4, 2016 final rule revising the requirements that long-term care facilities must meet to participate in the Medicare and Medicaid programs… more

Data Center Trends in Construction and Real Estate

Data centers trigger visions of windowless, concrete boxes located at the periphery of suburban office parks. That perception may fade in the coming years. With new technologies, such as cloud computing, blockchain platforms, the… more

No IPAB Medicare Cuts Triggered for 2019, CMS Actuary Rules

The CMS Chief Actuary has officially determined that the projected Medicare per capita growth rate will not exceed the target that would require the Independent Payment Advisory Board (IPAB) to submit plans to reduce 2019 Medicare… more

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