Latest Updates

Virginia Opens the First UAS-Dedicated Runway

Governor of Virginia, Terry McAuliffe, recently cut the ribbon on a new runway in Virginia dedicated solely to unmanned aerial systems (UAS or drones). The Mid-Atlantic Regional Spaceport’s UAS Airfield is a 3,000-foot runway for UAS… more

Recent Cases Demonstrate Need for Blockchain

A recent Delaware bill is poised to allow private Delaware corporations “use networks of electronic databases (examples of which are described currently as “distributed ledgers” or a “blockchain”) for the creation and maintenance of… more

Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of contention… more

Cold calls in hot water: Hong Kong consultation paper on P2P telemarketing

Businesses may often use peer-to-peer ("P2P") telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be not so… more

Advertising Law - July 2017 #3

Twitter Working to Limit Fake Stories, Accounts - In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading, false or… more

USAO Moves To Dismiss Charges Related To London Whale

The saga of the London Whale appears to be drawing to a close. The Manhattan U.S. Attorney’s Office moved to dismiss charges against two former JP Morgan derivatives traders who were colleagues of Bruno Iksil, the London whale… more

Health Saving Accounts: An Underutilized Opportunity in a Time of Uncertain Healthcare Changes

Regardless of whether there will be revisions to, repeal of, or no changes at all to the Affordable Care Act, patients will most likely continue to have a larger financial responsibility for their medical care… more

Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week

In Solo v. United Parcel Services Co., No. 14-12719 (E.D. Mich. Jan. 10, 2017), Michigan Magistrate Judge R. Steven Whalen agreed that the defendant showed that the level of data requested by the plaintiff “would be extraordinarily… more

The Federal Government takes aim at private corporations and their shareholders

On July 18, 2017, the Federal Government released a package of tax measures aimed to “improve fairness”, “close loopholes” and limit tax planning strategies that involve the use of private corporations. The suite of measures represents… more

Beware: Broad New CA County and City Authority To Impose Transfer Tax on Entity Interest Transfers

The California Supreme Court has just granted broad authority to counties and cities to impose documentary transfer tax (“DTT”) on certain transfers of interests in legal entities. Before June 29, 2017, tax practitioners’ prevailing… more

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a companion… more

OIG Unveils New Work Plan Process: Assessing the Impact on Compliance Risk Assessment

On June and July 17, 2017, the Department of Health and Human Services, Office of Inspector General (OIG) released new Work Plan initiatives and, in doing so, announced its intent to update its Work Plan monthly, in lieu of a bi-annual… more

Another New I-9 Form Becomes Mandatory September 18, 2017

It was only six months ago that the new fillable I-9 for went into effect, but just this week (July 17, 2017) U.S. Citizenship and Immigration Service published a new version, deleting the November 16, 2016, version from its website… more

CFPB Adopts TRID Rule Amendments and Proposes to Address Black Hole Issue

As we reported previously, the Consumer Financial Protection Bureau (CFPB) recently issued long-awaited amendments to the Truth in Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure (TRID) rule, also… more

Supreme Court Issues Two Rulings Interpreting FDCPA

The Supreme Court recently issued two rulings interpreting various sections of the Fair Debt Collection Practices Act (FDCPA) in favor of creditors and certain debt buyers. The FDCPA protects debtors from unfair collection practices by… more

Popular ATVs Going Up in Flames

Popular all-terrain vehicles (ATVs) and recreational off-highway vehicles (ROVs) manufactured by Polaris Industries are putting riders at risk for serious injuries and even death. Although the company has recently issued a slew of… more

Dallas Court Reverses Enterprise v. ETP Verdict, Reaffirming Efficacy of Conditions Precedent

On July 18, 2017, the Dallas Court of Appeals (the “Court”) reversed the more than $535 million jury verdict against Enterprise Products Partners L.P. (“Enterprise”), leaving Energy Transfer Partners, L.P. (“ETP”) empty-handed. That… more

New York Workers’ Compensation Board Releases Final Regulations for Paid Family Leave Law

Seyfarth Synopsis: The final regulations were released for the New York Paid Family Leave law, which will be effective January 1, 2018. The regulations contain few substantive changes from the revised proposed regulations, and many… more

U2 Seeks Dismissal of “The Fly” Infringement Suit

Earlier this year, a songwriter sued the members of U2, claiming that the U2 song, “The Fly” from the 1991 album “Achtung Baby,” infringed the songwriter’s 1989 song “Nae Slappin.” The plaintiff songwriter, Paul Rose, claims that he… more

FTC Chronicle: “Lessons Learned” from the Agency’s Data Breach Investigations

The Federal Trade Commission (FTC) – often criticized for not providing clear guidance as to what the agency considers reasonable data security – announced on Friday that it would publish a weekly blog discussing “lessons learned” from… more

Tariff Charge reduction for electric vehicles

The past 29th of June of 2017, the Ministry of Commerce, Industry and Tourism issued Decree 1116 of 2017, by which it established the following tariff charges..… more

CFPB Suffers Setback in RESPA Lawsuit

A District Court in Kentucky recently rejected the Consumer Financial Protection Bureau’s (“CFPB”) claim against a law firm brought under the Real Estate Settlement Procedures Act (“RESPA”), granting the law firm summary judgment in… more

Chris Froome Wins Tour Again; Maintenance and Compliance

Just as he did in 2013, in 2015 and in 2016, Kenyan-born British cycling star Chris Froome crossed the finish line in Paris wearing the Yellow Jersey as this year’s winner of the Tour de France. As reported by Chris Chavez, in Sport… more

Republicans File Congressional Review Act Challenge to CFPB’s Arbitration Rule

As LenderLaw Watch previously reported, on July 10, 2017 the Consumer Financial Protection Bureau (CFPB) released its Arbitration Rule, which blocks the use of mandatory arbitration clauses in consumer financial products and services… more

Updated Guidance for Teaching English Learners in Pennsylvania

New state guidance released this month more clearly fleshes out a school’s responsibility toward its English learners and the rights those students have. The new guidance from the Pennsylvania Department of Education issued in a… more

Ninth Circuit Relies on Escobar to Revive False Claims Act Suit Against Pharmaceutical Manufacturer

On July 7, 2017, the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court’s dismissal of a False Claims Act (FCA) whistleblower suit in United States ex rel. Campie v. Gilead Sciences, explaining that the… more

2017 Employment Legislation Summary

In its 2017 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2017. The following material summarizes these new laws, but the specific… more

Protecting Communications From PR Privilege Issues

Two recent cases in state appellate court show the risks of sharing privileged communications with public relations consultants. But they also provide practical guidance on how to protect the confidentiality of attorney-client… more

Medical Marijuana 101: The State of the Law in NY

This blog post will be the first in a series of articles discussing the current state of the law in New York regarding medical marijuana. There’s no denying that one of the hottest topics in health care law these days is the… more

Did You Know?

NMLS Release 2017.2.1 - The NMLS Release 2017.2.1 has been targeted for July 24, 2017… more

This is Why the Number of Employees You Have Matters in Employment Law

There are many confusing aspects of employment law — not the least of which is that certain laws only apply to employers of a certain size. For example, the federal age discrimination law, ADEA, only applies to a business if it has… more

Northern District of California Partially Dismisses "Defeat Device" Claims Against Volkswagen For Failure to Plead Scienter

On July 19, 2017, Judge Charles R. Breyer of the United States District Court for the Northern District of California partially dismissed a putative class action against Volkswagen Aktiengesellschaf (“VW AG”), Volkswagen Group of… more

Projects and Energy Weekly Snippets

Weekly projects and energy updates in South Africa - Climate change impacts global energy system, says Shell boss - The CEO of Shell, Ben van Beurden, has noted the importance of taking a global perspective on tackling climate… more

Keeping Up With The Kopyrights

Kendall and Kylie Jenner are beefing with the late Tupac Shakur. The Jenners are not singers or rappers (yet), but they do have a fashion line, the “Kendall + Kylie” brand. The famous sisters’ company used images of the late rapper on… more

How to spot PEPs and what to do with them – the FCA's Finalised Guidance 17/5

The guidance issued by the FCA in FG 17/5 (the Guidance) is likely to make a significant difference to the way in which firms identify and manage their relationships with politically exposed persons (PEPs). The FCA has used the… more

AIM – New Rules in the Pipeline for the London Stock Exchange’s Growth Market?

The London Stock Exchange has published a wide-ranging discussion paper on possible changes to its AIM rule books. The paper’s main areas of focus include the admission criteria for AIM, ensuring consistency of approach between… more

Reorganization Of Insolvent Corporations: Has A New Day Dawned? Nope

Withdrawal of Proposed Regulations- Earlier this year, the President directed the Secretary of the Treasury to review all “significant tax regulations” issued on or after January 1, 2016, and to take steps to alleviate the burden of… more

Attempt to Avoid Ohio Supreme Court’s Ruling in Corban Rejected by Federal Court in Ohio

After the Ohio Supreme Court’s September 15, 2016, decision in Corban v. Chesapeake Exploration, L.L.C., 2016-Ohio-5796, held that the 1989 Ohio Dormant Mineral Act was not self-executing – meaning that the surface was not… more

MiFID II Toolkit for Global Investment Managers

Changes to the MiFID II regulatory regime will impose new obligations on many global investment managers that, to date, have avoided substantive regulation in the European Union ("EU"). While the precise scope of these obligations… more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for marijuana in… more

Ten Tips For Actions By A Covered Entity After A HIPAA Breach By A Business Associate

This blog recently discussed tips for a covered entity (CE) in dealing with a HIPAA business associate (BA). Now, even though you have adopted all of the tips and more, in this dangerous and ever more complex data security world, one… more

Massachusetts Appellate Tax Board Denies Multiple Points of Use Sales Tax Refund Claims

The Massachusetts Appellate Tax Board (“ATB”) has issued an order denying three sales tax refund claims involving multiple points of use (“MPU”) sourcing. In each case, vendors had filed refund claims arguing that their customers were… more

It's Not About The Money: Prepare For "Destruction Of Service" Attacks

Computer networking giant Cisco says the recent WannaCry and Petya/NotPetya incidents signal the advent of a new generation of cyberattacks that is aimed more at mass disruption than financial gain. The new breed of “Destruction of… more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 18

The Senate Appropriations Committee Did Three Things This Week: Marked up the FY2018 Energy and Water Development Appropriations Bill, a measure to fund the nation’s priorities for energy development, research, and water… more

Third Circuit Rules “McCarthy Test” Determines Ownership of Unregistered Trademarks

The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the “McCarthy test,” rather than the “first use test,” should be used… more

House Passes Energy Legislation

Last week, the U.S. House of Representatives passed a series of energy bills, including several aimed at advancing the nation’s pipeline infrastructure. Meanwhile, efforts to revive more comprehensive energy legislation – considered… more

Second Circuit Applies More Lenient “Motivating Factor” Standard to Employee’s FMLA Retaliation Claim

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical Leave… more

How to Open the Door to Chancery

Sometimes more is not a good idea. That is the case when a complaint alleges multiple bases to invoke the jurisdiction of the Delaware Court of Chancery, but still fails to sustain that subject matter jurisdiction. The recent decision… more

Hearings This Week

Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety hearing on “Developing and Deploying Advanced Clean Energy Technologies.” Date: Tuesday, July 25, 10 a.m… more

Admissibility of Insurance Coverage: Sauce for the Goose

When Kerrie Evans’s child was born with cystic fibrosis, she sued her nurse practitioner and doctor for failure to adequately inform her about prenatal testing for CF, making concerns about cost the centerpiece of her case. Her… more

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