Latest Updates

U.S. Supreme Court Limits the Exercise of Specific Personal Jurisdiction by State Courts

The U.S. Supreme Court recently tightened the reins when it comes to state courts’ exercise of case-based, specific personal jurisdiction over out-of-state companies. In Bristol-Myers Squibb Co. v. Superior Court of California, ___… more

US Supreme Court Grants Partial Stay, Permits Limited 90-Day Travel Ban

The travel ban will go into force regarding “foreign nationals who lack any bona fide relationship with a person or entity in the United States.”… more

Electric boogaloo: FDA releases sequel to 2003 guidance on use of electronic records and electronic signatures in clinical investigations

On 21 June 2017, FDA announced the availability of a new draft guidance titled "Use of Electronic Records and Electronic Signatures in Clinical Investigations Under Part 11 — Questions and Answers." The draft guidance is intended to… more

Post-Award Protest Primer Series: Part 1

Part 1: An Introduction to Bid Protests - Welcome to the first in a new series of articles on post-award bid protests! A lot of misunderstandings and misinformation surround the bid protest, and traps abound for the wary and… more

They’re Back … DOL Announces the Return of Opinion Letters

In the second bit of wage hour news today, and in advance of Secretary Acosta’s hearing before a Senate Appropriations subcommittee, the Department of Labor announced the return of opinion letters. In 2010, the Obama Administration had… more

Groundbreaking Trial Ends with Ruling that Grocery Store Must Make its Website ADA Accessible

In a first, a federal court in Florida ruled recently that a grocery store must make its website accessible to the disabled. The plaintiff in the case, a blind man who uses screen-reading technology to access and view websites… more

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a number of… more

SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPERS v. ANZ Securities, Inc.

We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times, most recently following the Ninth Circuit’s Resh decision last month. Under American Pipe, individual… more

Re-establishing production after mechanical failures to save a lease

A recent trend in oil and gas litigation is top lessees seeking termination of base leases. While these lawsuits typically target marginally producing leases, operators may be equally “termination conscious” when a profitable well… more

OIG Report Details Decline in Healthcare Fraud Recoveries

Last week OIG released its semiannual report to Congress, which details the results of OIG’s operations for the first half of the 2017 federal fiscal year. Healthcare fraud recoveries by OIG totaled $2.04 billion during the period of… more

DOL: Opinion Letters Are Back!

On June 27, 2017, the U.S. Department of Labor (“DOL”) announced that it has reinstated the issuance of Opinion Letters by its Wage & Hour Division and unveiled a new website to guide employers and employees in requesting an Opinion… more

Kuala Lumpur Singapore High Speed Rail Project 2017 - Update 2

Background - This note serves as an update to two earlier notes dated August 2015 and January 2017 on the landmark Kuala Lumpur – Singapore High Speed Rail (the “HSR”). The HSR - In 2013, Singapore and Malaysia formally… more

Stadnick v. Vivint Solar: The Second Circuit Rejects Shaw's "Extreme Departure Test"

Last week in Stadnick v. Vivint Solar, the Second Circuit provided important guidance for determining when an omission in a registration statement is material for purposes of a Section 11 claim. The decision holds that the materiality… more

Be Careful What and Who You Tell: Limitations on Defense Counsel Reporting

Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier… more

PTAB

Please see chart below for more information… more

OSHA Delays Electronic Filing Date for Injury and Illness Records Until December 1, 2017

Seyfarth Synopsis: OSHA has proposed to delay the reporting compliance deadline, until December 1, 2017, for certain employers to electronically file injury and illness data… more

Healthcare Business Associates

The Health Information Technology for Economic and Clinical Health (“HITECH”) Act modified the Health Insurance Portability and Accountability Act (“HIPAA”) by expanding the definition of Business Associates (“BA”) and their… more

The CCO as a Futurist

Every Chief Compliance Officer (CCO) and compliance practitioner who thinks about their compliance program one, three or five years down the road is a budding futurist. The Compliance Week 2017 Annual Conference opened this year with a… more

Agreement Reached on Form of New EU Securitisation Regulation and on Amendments to the Capital Requirements Regulation

The EU legislative institutions have now agreed compromise amendments to the proposed EU regulation intended to lay down common rules on securitisation and to create a European framework for “simple, transparent and standardised”… more

Manatt on Health Reform: Weekly Highlights - June 2017 #4

Manatt Health Introduces Two New Publications: Ongoing Insights into the Latest Healthcare Issues and Actions - In this time of uncertainty for healthcare, real-time, insightful information on key developments is more important than… more

What Communications Between a Lawyer and Client are Protected by Solicitor-Client Privilege?

Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee, 2017 BCCA… more

CMS Requests Dismissal of Its Nursing Home Arbitration Appeal

On June 2, 2017, CMS filed a motion to dismiss its appeal to the U.S. Circuit Court for the Fifth Circuit of a U.S. District Court decision blocking the agency’s ban on mandatory nursing home arbitration. CMS’s motion did not provide… more

Taking Stock of the “Blockchain Amendments” to the Delaware General Corporation Law

Two amendments have been proposed to the Delaware General Corporation Law (the “DGCL”) to permit corporate record keeping utilizing blockchain databases (the “Blockchain Amendments”)… more

New York State 2017-18 Budget Legislation Contains Numerous Tax Changes

In early April, the New York State Legislature passed its 2017-2018 budget legislation, which Governor Cuomo signed into law on April 10. This legislation contains numerous changes to the New York State Tax Law… more

CFPB's Monthly Complaint Report Takes a New Approach

The CFPB has issued its monthly complaint report. The report is a high level snapshot of trends in consumer complaints. The report traditionally provides a summary of the volume of complaints by product category, by company and by… more

North Carolina Appellate Court Refuses to Lift Preliminary Injunction in Non-Solicitation Case Before Trial

When an employer believes that a former employee has violated post-employment restrictive covenants, it often seeks injunctive relief intended to prevent harm to its business pending a final determination on the merits of the claim… more

A Working Capital True Up is not an End Run on a Liability Bar

In Chicago Bridge & Iron Co. N.V. v. Westinghouse Electric Co. LLC, the Delaware Supreme Court examined the interaction between a working capital true up and alleged breaches of financial statement representations and warranties in a… more

What lenders need to know

The most ignored set of laws in Tennessee that impact commercial developers and their lenders are the construction “retainage” laws. Typically during a commercial project, once a draw is approved/funded by the lender, the owner… more

DOL to Reinstate Issuance of Wage-Hour Opinion Letters

On June 27, 2017, the U.S. Department of Labor (DOL) announced that it will reinstate the issuance of Wage and Hour Division (WHD) opinion letters as one of its methods for providing guidance to employers and employees on federal wage… more

Comfort in consistency – Dexia Crediop S.P.A. v. Comune di Prato [2017] and international use of the ISDA Master Agreement

The Court of Appeal has reversed a judgment of the Commercial Court which had worrying implications for banks concluding international transactions using standard form ISDA documentation (and, by implication, other standard form… more

INTERPOL and security checks from the U.A.E. and other Middle Eastern countries

We continue to receive reports, like this one, of individuals who are wanted in the United Arab Emirates or other areas in the Middle East, for bounced security checks. I addressed the basics of this issue in a previous post, here. At… more

Your Daily Dose of Financial News

Call it the Loeb effect: just days after Third Point announced its sizeable stake in Nestle, the company is preparing to spend billions on stock buybacks in an effort to create value for shareholders, hinting that it would consider a… more

For the good of the consumer – consumer protection in the 9th amendment of the ARC

Provisions on consumer protection account for only a small part of the 9th amendment of the German Act Against Restraints of Competition (ARC), which recently came into force. However, the introduction of the reform has led to a highly… more

Rhode Island Passes Legislation to Streamline Approval Process for Renewable Energy Projects

Following our client alert several days ago concerning the Rhode Island General Assembly’s consideration of legislation designed to streamline the approval process for renewable energy projects, we can report that the governor has… more

What Happened in Oslo Shouldn’t Stay in Oslo - Corporate Compliance Insights

Fresh on the heels of the Anti-Korrupsjons+Konferansen in Norway, Richard Bistrong offers a look inside the conference and details some of the key takeaways. Originally published in Corporate Compliance Insights… more

The Supreme Court - June 27, 2017

Cyan, Inc. v. Beaver Cty. Employees, No. 15-1439: Whether state courts lack subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claims… more

Finality in commercial arbitration further affirmed by the Supreme Court of Canada

Confirming its 2014 decision in Sattva Capital Corp. v. Creston Moly Corp.1 (Sattva), the Supreme Court of Canada (SCC), in another appeal from the Province of British Columbia, has held that there is limited jurisdiction for appellate… more

Intellectual Property and Technology News (Asia Pacific) June 2017

Welcome to the latest Asia Pacific Edition of the Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspective… more

Is A Racial Or Ethnic Group A “Person”?

Yesterday’s post concerned the U.S. Supreme Court’s holding in Matal v. Tam, 2017 U.S. LEXIS 3872 (June 19, 2017) that the “disparagement clause” of the Lanham Act violates the Free Speech Clause of the First Amendment. As far as most… more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ?Board did not provide the patentee with an adequate opportunity to address a prior art reference ?that formed a principal basis for its… more

EU General Data Protection Regulation and private equity

To say that the EU General Data Protection Regulation (GDPR or the Regulation) will change the existing data protection framework in Europe is an understatement. In less than a year, an ambitious, complex and strict law will transform… more

Federal district court denies state AGs’ request to redirect unused CFPB settlement funds to NAAG

We previously reported that the Connecticut Attorney General, on behalf of himself and the Attorneys General of Indiana, Kansas and Vermont (the “state AGs”), had filed a joint motion to intervene in a CFPB enforcement action against… more

Time’s Up: Supreme Court Affirms Three-Year Deadline for Opting Out of Section 11 Class Actions

On June 26, 2017, the U.S. Supreme Court issued a decision that will have a significant effect on securities class action litigation, changing the strategic calculus for both institutional plaintiffs and defendants. In California… more

Jelly Beans Contain Sugar - The Continuing Saga of Evaporated Cane Juice Litigation

In February, plaintiffs filed a class-action lawsuit in California against candy maker Jelly Belly on behalf of consumers who purchased jelly beans marketed as “Sport Beans.” They claimed that Jelly Belly used the phrase “evaporated… more

June Washington Update

This month’s Washington Update offers an extensive overview of the major legislation that has recently been introduced on Capitol Hill, as well as the big takeaways from this month’s congressional hearings related to energy policy. We… more

Supreme Court Permits Limited Version of Travel Ban to Take Effect

On June 26, the U.S. Supreme Court issued a decision allowing the Trump administration’s temporary travel ban to go into effect for some travelers, reversing the actions of lower federal courts that had put the policy completely on… more

Preparatory Committee Chairman announces update on UPC Timetable

As previously reported, the Preparatory Committee announced in early June 2017 that the timetable for the start of the UPC would have to be delayed, with a new target start date yet to be confirmed… more

CFIUS and Real Estate - Renewed focus on national security concerns surrounding foreign acquisitions of U.S. real estate

The expanding influx of foreign investments in U.S. real estate has drawn the attention of three key U.S. Senators amid national security concerns. Senators Ron Wyden (D-OR), ranking member of the Senate Finance Committee; Claire… more

Being “Neighborly” Isn’t Just a Good Idea – It’s the Law

Those of us of a “certain age” know exactly what a speaker means when she says, “She’s the ‘Mrs. Kravitz’ of the neighborhood.” For those too young to appreciate the reference, “Mrs. Kravitz” was a character in the sitcom “Bewitched”… more

Locked-In: TCPA Consent Not Revocable If a Term of Contract

Consent to be contacted under the Telephone Consumer Protection Act (TCPA) is not revocable if included as a term of a written contract, according to a decision by the US Court of Appeals for the Second Circuit in Reyes v. Lincoln… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Manatt, Phelps & Phillips, LLP, is known for quality, for extraordinary commitment to clients, for integrated, relationship-based services, and for a range of specialized capabilities typically found…

[ About | Legal Updates ]

Watch This