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Alberta Employers May Face Increased Unionization and Mandated Collective Agreements

On March 13, 2017, the Alberta government announced that it intends to change provincial employment and labour laws to reflect "modern" times. As part of this "modernization", the Minister of Labour announced a consultation and review…more

ARB Adopts GHG Emission Standards for Oil and Gas Facilities; Operators Wary of Costs

On March 23, 2017, the California Air Resources Board (“ARB”) adopted regulations for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“Methane Regulations”). The Methane Regulations impose emission controls…more

Brexit - UK Files for Divorce From European Union: What Should Companies Do Now to Prepare?

Latest Developments - On 29 March 2017, the UK government delivered the formal notice to the other EU Member States that it is leaving the EU. The Brexit process is now formally under way. Companies of all sizes can and should be…more

Star Athletica v. Varsity Brands: Supreme Court Rules Apparel Design Copyrightable

With regard to garments and fashion, the accepted wisdom historically has been that copyright does not protect garment designs. The Supreme Court just changed that in the case of Star Athletica v. Varsity Brands. Or did…more

What, Pray Tell, Is A “Foreign Corporation”?

Earlier this week, I wrote about Wellisch v. Pa. Higher Educ. Assistance Agency, 2017 U.S. Dist. LEXIS 40831 (N.D. Cal. Mar. 21, 2017). The issue was whether the defendant, Pennsylvania Higher Education Assistance Agency, was required…more

No Turning Back: The Brexit Process Begins

The following alert is directed to organizations with a presence in the UK or who anticipate the need to place talent at a UK work site. Seyfarth Synopsis: Yesterday, British Prime Minister Theresa May invoked Article 50, formally…more

Advertising Law - March 2017 #4

Ad Groups Push for FCC Privacy Rule Reversal - The drama surrounding the Federal Communications Commission's privacy rules continues. Part of an Order passed last year along party lines under former Chairman Tom Wheeler, the…more

Private Equity Compliance with ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets

On February 28, Todd Solomon and Maureen O’Brien presented a Strafford live webinar, “Private Equity Compliance With ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets”. ERISA imposes fiduciary obligations…more

US Consumer Financial Protection Bureau Seeks Public Comment on Consumer Remittance Rule

The US Consumer Financial Protection Bureau announced that it is seeking feedback from the public regarding the effectiveness of the remittance rule..…more

South Carolina: Employee Benefits Bill a Reminder of What Local Jurisdictions Can Mandate

Fresh off the overwhelming rejection of union representation by Boeing employees in February, and with commentators largely crediting the state’s manufacturing boom to its right to work laws and lowest-in-the-nation 1.6% union…more

President Trump signs executive order rolling back Obama-era climate change policies

On Tuesday, President Trump issued an executive order (EO or Order), "Promoting Energy Independence and Economic Growth," targeting a broad swath of Obama-era climate change and other environmental regulations and initiatives…more

Parrotheads Can Rejoice As Jimmy Buffet Prevails In Trademark Dispute

Jimmy Buffet won a trademark dispute and precluded the applications for “Marijuanaville” marks from registering due to a likelihood of confusion with his famous MARARITAVILLE® mark for clothing (including shirts and caps), nightclub…more

ABA IP Law Section Sends Section 101 Revision Proposal to USPTO Director Lee

The Intellectual Property Law Section of the American Bar Association (ABA-IPL) sent today to continuing U.S. Patent and Trademark Office Director Michelle Lee a letter containing its proposal for revising 35 U.S.C. § 10i in light of…more

Blog: Comments to Draft Chicago Pharmaceutical Sales Representative License Rules Due April 2, 2017

As previously discussed, pharmaceutical sales representatives that conduct business in the City of Chicago will need to be licensed as of July 1, 2017. The Commissioner of the Chicago Department of Public Health (CDPH) and the…more

US Office of the Comptroller of the Currency Releases Draft FinTech Charter Supplement

The US Office of the Comptroller of the Currency released its proposed FinTech charter supplement to the Comptroller’s Licensing Manual..…more

Federal Circuit Evaluates PTAB Reliance on Expert Testimony to Satisfy Substantial Evidence

Addressing for the first time the extent to which the Patent Trial and Appeal Board (PTAB) may rely on expert testimony to satisfy the substantial evidence standard of review, the US Court of Appeals for the Federal Circuit affirmed in…more

Saudi Arabia Update - March 2017

Legal developments - The Kingdom continues its move towards e-government services - Ministry of Municipal and Rural Affairs considers issuing temporary licenses online for multiple activities - The Ministry of Municipal…more

GSA IG Questions Pricing Evaluation of Professional Services Schedules

GSA is reevaluating price reasonableness for all new consolidated PSS schedules, which may result in requests for price reductions or even post-award audits for some contractors…more

H-1B Cap Filing Season: How to Avoid Getting Stuck in a Gap in Employment Eligibility

This time of year, many recent college graduates who are authorized to work in the United States for a limited time as part of post-degree optional practical training are facing a deadline—and employers better take note, or they will…more

This Month in Corruption: Smuggled Drugs, Bogus Billing, Tampered Equipment

Wrong Way to Keep Prisoners in Line. The office of William D. Weinreb, acting U.S. Attorney for the District of Massachusetts, announced March 3 that two former corrections officers at the Essex County Correctional facility in…more

Health-Related Programs Face Deep Cuts In President Trump’s “Budget Blueprint to Make America Great Again”

On March 16, 2017, President Trump Administration released his first budget outline for the 2018 fiscal year (FY 2018). In an effort to “shrink the role of government,” the $1.1 trillion budget proposal calls for a $54 billion increase…more

ACA Repeal and Replace Update: House Vote Expected This Week; CBO Estimates Impact of Repeal and Replace Legislation; CMS Administrator Verma Confirmed; HHS and CMS Signal “new era for the [F]ederal and [S]tate Medicaid partnership”

After narrowly passing the Budget Committee, the Republican-sponsored health reform repeal and replace bill, the American Health Care Act (AHCA), is scheduled for a floor vote for Thursday, March 23, 2017, seven years to the date that…more

Brexit and IP: 5 Things Brand Owners Should Do Now

Following the Prime Minister’s triggering of Article 50 today, 29 March 2017, we have 2 years until the legislative reality of Brexit and its implications will truly impact IP owners. However, there are steps that brand owners should…more

Canadian Copyright & Breach of Technological Protection Measures (TPMs): $12.7 million in Damages

It’s always exciting when there’s a new decision about an obscure 5-year old subsection of the Copyright Act! Back in 2012, Canada changed its Copyright Act to try and drag it into the 21st century. Among the 2012 changes were…more

Mind the Gap: Automatic Work Authorization Extensions Help Foreign National Employees Stay Productive Following EAD Expiration

In the last months of President Barack Obama’s administration many regulatory changes were made that were meant to improve the functioning of the business immigration system, including changes to the process for Employment…more

IRS Will Now Permit DC Plan Hardship Withdrawal Self-Certification Summaries

Two recently published memoranda by the Internal Revenue Service (the IRS) indicate that it is permissible for 401(k) and 403(b) plan sponsors and their third party administrators (TPAs) to rely on participants’ written summaries…more

Renewable Energy: The State of Play in 2017

The renewable energy sector ended 2016 and began 2017 under assault. Nevada and other states rolled back net metering laws. Fishing interests brought a lawsuit to block an offshore wind lease and upend BOEM’s offshore wind program…more

FDA Approves Genentech’s Ocrevus (ocrelizumab)

FDA announced today that it has approved Genentech’s Ocrevus® (ocrelizumab) for the treatment of adults with relapsing forms of multiple sclerosis and primary progressive multiple sclerosis (“PPMS”). Ocrevus is the first drug approved…more

“Honorably Retired” for California Police Officer Defined by Court

Among the many benefits bestowed on the brave men and women who honorably retire after serving behind the badge is the right to carry a concealed weapon in public. Owing to federal law, this right extends to every jurisdiction in the…more

HHS Expected to Release Significant HIPAA Privacy Guidance This Year; Compliance Audits Proceed; Guide on Compliance Program Effectiveness Released Monday

HIPAA privacy guidance, audits, and enforcement are continuing under the new Administration. On March 27, 2017, Iliana Peters, Senior Adviser for HIPAA Compliance and Enforcement at the US Department of Health and Human Services…more

King-Lar Company Will Pay $325,000 To Settle EEOC Color and National Origin Discrimination Lawsuit

Decatur Sheet Metal / HVAC Company Allowed Verbal Harassment and a Physical Attack Against Black Hispanic Employee, Federal Agency Charged - CHICAGO - Decatur, Ill.-based company King-Lar will pay $325,000 to settle a federal…more

Privacy Tip #80 – Continued Controversy Over Mobile Device Searches by CBP

Many people were shocked and outraged over the story I relayed about a U.S. citizen, in fact, a NASA scientist, who, after returning from racing solar cars abroad was required by Custom and Border Patrol (CBP) agents to hand over his…more

March Madness: New Private Letter Rulings Address Tax Accounting Issues

In the last few weeks, the Internal Revenue Service (the Service) issued several private letter rulings addressing a variety of tax accounting issues. From bonus depreciation elections to the correct unit of property for dispositions…more

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model rule for…more

CFPB Begins Mortgage Rule Check-In

The five-year anniversary of some of the major financial regulations passed by the Consumer Financial Protection Bureau (CFPB) is coming up in January 2018, meaning that they will soon undergo a review to check on their effectiveness…more

Italy Implements Directive Requiring Non-Financial Disclosures for Large European Undertakings

Large public-interest companies and parent companies must disclose several types of non-financial information — for the benefit of both investors and consumers — or face monetary penalties. Directive 2014/95/EU of October 22, 2014…more

Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule

President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The proposed rule would give generic…more

Banking Agencies Issue Joint Report to Congress Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996

On March 21, 2017, the Office of the Comptroller of the Currency (OCC) announced that the Federal Financial Institutions Examination Council (“FFIEC“) issued a “EGRPRA Joint Report to Congress,” which details a review of rules…more

UK Government fires starting gun on EU Divorce

On 29th March 2017 the UK Government gave notice to Donald Tusk President of the European Council under Article 50 of its intention to withdraw from the European Union. This will begin a two year negotiation procedure after which…more

The UK and the World Trade Organization (WTO): What Happens After Brexit?

On 29 March 2017, the UK will formally trigger the Article 50 process to begin the negotiations for Brexit. If there is a 'hard Brexit' in 2019, the UK would trade with the EU – along with most of the rest of the world – on the basis…more

Delaware Courts Expand Corwin Line of Cases

On March 7, 2017, Vice Chancellor Laster of the Delaware Court of Chancery dismissed the action In re Columbia Pipeline Group, Inc., C.A. No.12152-VCL. Stockholders of Columbia Pipeline Group, Inc. (“CPG”) claimed that CPG’s directors…more

Insurers’ Antitrust Exemption in Crosshairs Again as Part of Potential Health Care Overhaul

Just when you thought the health insurance legal and regulatory landscape couldn’t get any more interesting, along comes the Competitive Health Insurance Reform Act of 2017 (the Act). The Act removes a longstanding antitrust exemption…more

North Carolina: The E-Verify Times, They Are A-Changin’

The employment legal landscape certainly is changing, and this change is particularly visible at the federal level. But while you await the Affordable Care Act’s fate with bated breath, don’t forget that your state legislators are…more

Will 30 Years Of Practice Be Overturned? Supreme Court Hears Oral Argument In TC Heartland v. Kraft Foods.

On Monday, March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft Foods Group Brands LLC, a case that could have a profound impact on where patent infringement cases may be litigated…more

[Audio]Episode 7: Conflict in the Family-Owned Business: A Conversation with Professor Benjamin Means

As many litigators will tell you, “business divorce on steroids” aptly describes the tenor of litigation that can erupt when members of a family-owned business have a falling out. No one has devoted more scholarship to the topic of…more

Federal Court of Appeal dismisses Teva’s appeal relating to utility and sufficiency

On March 14, 2017, the Federal Court of Appeal (FCA) dismissed Teva’s appeal of Locke J.’s Order prohibiting the Minister of Health from issuing a notice of compliance (NOC) to Teva in respect of its calcipotriol and betamethasone…more

House Votes to Repeal Antitrust Exemption for Health Insurers Under the Mccarran-Ferguson Act

On March 22, the U.S. House of Representatives passed the Competitive Health Insurance Reform Act of 2017, which would repeal the current limited federal antitrust immunity for health insurers. The bill would amend the…more

Manager's Thoughtless Comment Resurrects Poor Performer's FMLA Claims

There may not be a more toxic combination in the land of Human Resources: a poorly performing employee and an untrained boss who just can’t keep his mouth shut…more

Connecticut Certificate of Need Bill Advances After Spirited Debate and Some (But Possibly Not All) Amendments

As reported in our last post, the General Assembly’s Joint Committee on Public Health took up Senate Bill No. 795, An Act Establishing the Office of Health Strategy and Improving the Certificate of Need Program. At a packed hearing on…more

Press Releases Sink Private Offering

The opinion of the SEC in KCD Financial Inc. upholds a FINRA disciplinary action against a FINRA member broker-dealer that sold securities in a private placement when no exemption from registration was available…more

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