Latest Updates

Consumer Cannot Unilaterally Revoke Contractually Agreed-Upon TCPA Consent

On June 22, 2017, the 2nd U.S. Circuit Court of Appeals found that the Telephone Consumer Protection Act (TCPA) does not permit a consumer to revoke its consent to be called when that consent forms part of a bargained-for exchange. The… more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 5, 2017: France

AMF Priorities in the EMIR Review - The Autorité des Marchés Financiers (the “AMF”, the French financial markets authority) published two position papers on 2 May 2017 relating to the EMIR review..… more

Michigan Telemedicine Prescribing and Controlled Substance Laws

Michigan Governor Rick Snyder, recently signed into law SB 213, clarifying that health professionals in Michigan may prescribe controlled substances via telemedicine without an in-person examination. The law reverses a 2016 telehealth… more

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

One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the specification and the… more

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

Plaintiff Ivana Kirola, who suffers from cerebral palsy, sued the City and County of San Francisco, in a class action contending certain public areas, including rights-of-way, pools, parks and other recreation areas, did not meet the… more

This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices

At its meeting in September of 2016, the Judicial Conference of the United States approved a pilot program to test procedures requiring mandatory initial discovery before the commencement of party-directed discovery in civil cases… more

Supreme Court Decides Murr v. Wisconsin, No. 15-214.

On June 23, 2017, the United States Supreme Court decided Murr v. Wisconsin, No. 15-214, holding that, in determining whether a regulatory taking has occurred under the Takings Clause of the Fifth Amendment, courts should apply a… more

Chief Judge Stark Denies Defendants’ Motion For Reargument Of Court’s Order Holding Defendants Liable For Costs Of ANDA Litigation Going Forward Under Certain Conditions

By Memorandum Order entered by The Honorable Leonard P. Stark in UCB, Inc., et al. v. Watson Laboratories, Inc. et al., Civil Action No. 14-1083-LPS-SRF (D.Del., May 19, 2017), the Court denied Defendants’ motion for reargument of its… more

New York State Revises Final Guidance on Health Care Privacy and Data Exchange

Just three weeks after releasing a "final" guidance statement on New York State and federal laws on privacy and data sharing ("Final Guidance"), the New York State Department of Health issued a revised final guidance statement on June… more

California Ruling Requires TransUnion to Pay Record $60M for FCRA Violations; Suit Alleged Consumer Reports Erroneously Linked Consumers to Criminals in OFAC Database

A California jury in federal court ruled on Tuesday, June 20, that TransUnion violated the Fair Credit Reporting Act (FCRA) by erroneously linking certain consumers with similarly named terrorists and criminals in the U.S. Department… more

Is Your Agreement To Arbitrate Valid?

Many franchisors employ arbitration as its preferred method of dispute resolution. Generally, courts view arbitration agreements favorably. An agreement to arbitrate waives the fundamental right to have a court decide the merit of… more

IRS Schools Taxpayers On Duty Of Consistency

Shirley died in October 1997. The estate filed an estate tax return and paid the tax indicated. The IRS subsequently audited Shirley’s estate and issued a notice of deficiency. After Tax Court proceedings, the court issued a stipulated… more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and Fishkill in… more

Cook County Minimum Wage Regulations

Last month, the Cook County Commission on Human Rights issued final interpretive and procedural rules governing the Cook County Minimum Wage Ordinance, which becomes effective July 1, 2017… more

New Details Emerge on Legislative Proposal to Modernize CFIUS Process

As the Trump Administration continues to examine its trade relationship with China, legislators in Congress are looking to modernize the Committee on Foreign Investment in the United States (CFIUS) review process in order to… more

[Video]Employment Law This Week®: Federal Decision on Website Accessibility, Mandatory Class Action Waivers, Sexual Harassment Case Dismissed, Upcoming Employment Laws

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact… more

Canada Launches Global Skills Strategy to Fast-Track Short-Term Entry of High-Skilled Workers

Seyfarth Synopsis: The Canadian government instituted a new, immediately effective Global Skills Strategy to facilitate entry of skilled workers… more

Dear Bankruptcy Asset Purchaser, Got Good Faith?

Section 363 of Title 11 of the United States Code (“Bankruptcy Code”) authorizes trustees (and Chapter 11 debtors-in-possession) to use, sell, or lease property of a debtor’s bankruptcy estate outside of the ordinary course of business… more

U.S. Supreme Court Rules for Immigrant Who Received Bad Advice from Lawyer

On Friday, June 23, 2017, the U.S. Supreme Court ruled in favor of a green card holder who pleaded guilty to a crime based on faulty advice from his attorney. Jae Lee, 48, told the high court that he pleaded guilty to a crime based on… more

Supreme Court Rules “Disparagement Clause” of the Lanham Act Unconstitutional

On June 19, 2017, the Supreme Court ruled that the 70-year-old federal ban on offensive trademarks is unconstitutional. The “disparagement clause” of the Lanham Act prohibits registration of trademarks “which may disparage . . . or… more

Article I, Section 27 Rights Strengthened In Recent PA Supreme Court Decision

In a majority decision issued June 20, 2017, with a complement of new Justices, the Pennsylvania Supreme Court issued a ruling placing further emphasis on the importance of Article I, Section 27 of the PA Constitution. The decision… more

A Patchwork Quilt of Regulations for Self Driving Vehicles – No Way, Says Congress!

Big news! Next week, on June 27th, a Subcommittee of the House Committee on Energy and Commerce will hold a hearing to discuss “Self-Driving Vehicle Legislation.” As reported by Wired, “last week, the Senate published bipartisan… more

Commission Adopts Administrative Order to Implement Electronic Payment of Compensation

At the June 19, 2017 Business Meeting of the Full South Carolina Workers’ Compensation Commission, the Commissioners adopted an administrative Order pending changes to the regulations of the Commission to implement the option of… more

Blog: Introduction to Europe’s General Data Protection Regulation

What is it? The General Data Protection Regulation (GDPR) is a European law that will govern how companies (whether EU-based or not) use personal data. It replaces the existing law on use of personal data and comes into force on 25… more

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary histories… more

Using Demonstratives To Effectively Communicate Complex Business Cases To A Jury

Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow summaries… more

Not for the Taking: In Murr v. Wisconsin, the Supreme Court Rules that Two Lots Be Considered as a Whole

On June 23, 2017, the U.S. Supreme Court held that there was no compensable taking of Petitioners’ property in Murr v. Wisconsin. Petitioners who own two adjacent lots along a waterfront in Wisconsin were not deprived of all… more

EQT/Rice Merger Marks Turning Point For Regional Downstream Opportunities In The Appalachian Basin

EQT’s announcement last week of its acquisition of Rice Energy marks the end of one phase and the beginning of another in the epic U.S. shale revolution. Marcellus 1.0, as I like to refer to it, was mainly about rapidly amassing scale… more

REMINDER – Chicago Minimum Wage Increases Again And Cook County Minimum Wage Begins Starting July 1st 2017

On July 1, 2017, Chicago’s Minimum Wage increases to $11.00 per hour for non-tipped employees and $6.10 for tipped employees (Chicago Municipal Code §1-24). Cook County’s new minimum wage is $10.00 per hour for non-tipped and $4.95 for… more

An Early Look at the Impact of Oil States

On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Servs. LLC v. Greene’s Energy Grp., LLC, No. 16-712 (U.S. Jun. 12, 2017). The Supreme Court will review whether the Constitution permits the PTAB, a… more

Biofuel Industry Sends Letter On RVP To Senate Environment And Public Works Committee

On June 12, 2017, 28 companies representing the advanced and cellulosic biofuel industry sent a letter to the members of the Senate Environment and Public Works Committee requesting their support for the Consumer and Fuel Retailer… more

NY Supreme Court Decides Interesting Habeas Corpus Argument

A little lite reading for Friday. In the Matter of Nonhuman Rights Project, Inc., v. Lavery, decided June 8, 2017 by the New York Supreme Court, First Judicial Department, the Court considered the lower court’s judgment declining to… more

Not A Minor Issue! FTC Updates COPPA Compliance Plan

This week, the Federal Trade Commission (FTC) updated its guidance for businesses on complying with the Children’s Online Privacy Protection Rule (COPPA) . If a website operator or operator of online services collects personal… more

Background Checks by Province: What Employers Need to Know

Background screening job candidates is an important part of an employer’s recruitment process. There are several different background checks that are generally permissible in Canada, but employers must tread carefully… more

FCC Will Revisit Building Access Rules

The FCC voted unanimously yesterday to adopt a Notice of Inquiry (“NOI”) that may have a profound impact on the delivery of communications services in residential and commercial buildings, shopping malls and other multiple tenant… more

Proposed Rules Aimed at High-Risk Brokers Confirm FINRA Push for Firms to “Do Their Part”

Financial Industry Regulatory Authority (FINRA) President and CEO Robert Cook spoke earlier this month at Georgetown University’s McDonough School of Business, where he outlined several proposals to further what he called one of… more

Supreme Court Decides Perry v. Merit Systems Protection Board, No. 16-399.

On June 23, 2017 the U.S. Supreme Court decided Perry v. Merit Systems Protection Board, holding that when the Merit Systems Protection Board dismisses a government employee’s “mixed case” (a case where the employee claims that an… more

[Video]FCPA Compliance Challenges & New Lines of Defense

In part one of a two part interview, Joe Spinelli, Senior Managing Director, Kroll, addresses the recent Kroll-Ethisphere Anti-Bribery and Corruption Benchmarking Report. In this interview Joe focuses on: *The need and value of… more

New York Institutions: Annual Certificates of Compliance With Education Law Articles 129-A and 129-B Due at NYSED by July 1

It’s that time of year again! Just a friendly reminder that New York colleges and universities must file their Article 129-A and Article 129-B of the Education Law Certification of Compliance with the New York State Education… more

Governor Hogan Signs Law to Require Notice to Homeowners of Sales of a Common Element or Common Area

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of any sale… more

Second Circuit Provides Businesses with a Powerful Defense to TCPA Revocation Claims

In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims, the Second Circuit Court of Appeals held that consumers cannot revoke their consent to receive automated or… more

[Audio]Larry Sonsini, Chairman of Wilson Sonsini, in Conversation with @HsuUntied

Today, my guest is Larry Sonsini, Chairman of Wilson Sonsini Goodrich & Rosati. After graduating from Boalt Hall (Berkeley Law) in 1966, Larry decided to join John Wilson to work with Silicon Valley startups and has since gained… more

Texas Transportation Legislation Overview of the 85th Regular Legislative Session

The 85th Texas Regular Legislative Session was a challenging one for transportation issues and advocates. The Legislature succeeded in passing a Sunset bill for the Texas Department of Transportation (“TxDOT”) extending the agency for… more

U.S. Supreme Court Issues Anti-Forum Shopping Jurisdictional Decision

As anticipated, the just-released U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466, 2017 WL 2621322 (U.S. June 19, 2017), establishes an important limitation in the law of personal jurisdiction… more

Pitfalls a 401(k) Sponsor Can Avoid With Plan Providers

While much of the focus concerning the liability of sponsoring a 401(k) plan is about plan expenses thanks to the many lawsuits filed against plan sponsors. However for most plan sponsors, the greatest liability they actually face is… more

Rare Court Case Sheds Light on U.S. Sanctions Enforcement

It is rare for companies to go to court to fight penalties imposed by the Office of Foreign Assets Control (OFAC) for violations of U.S. sanctions. It is even more rare for a court to make any sort of finding against the agency. Yet… more

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act, which was… more

Department of Labor withdraws joint employer guidance

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most commonly… more

U.S. Supreme Court Tightens Criteria for Revoking Citizenship

The U.S. Supreme Court has ruled unanimously that naturalized American citizens cannot be stripped of citizenship if a lie or omission in the application process was irrelevant to the government’s decision to approve the naturalization… more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly owed to that… more

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