Latest Updates

New York Department of Financial Services Provides Guidance on Cybersecurity Regulation; Colorado Financial Regulator Proposes Cybersecurity Rules Affecting Broker-Dealers and Investment Advisers

In April 2017, the New York Department of Financial Services (the “DFS”) released guidance on interpreting 23 NYCRR Part 500, its recently promulgated regulation that requires banks, insurance companies and other financial services… more

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against Discrimination… more

Kimpton Data Breach Decision Highlights Lingering Confusion on Standing Issues

When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers, they do not… more

Debit cards, Offshore Funds and a John Doe Summons

IRS remains committed to its priority efforts to stop offshore tax evasion wherever it occurs. It pursues cases in all jurisdictions of the world. Over the years, numerous individuals have been identified as evading US taxes by… more

Can Renting Be a Sale After Importation?

We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does not violate… more

Transformative Use or Infringement

In Cariou v. Prince, 714 F3d 694 [106 USPQ2d 1497] (2d Cir. 2013), the Second Circuit said that a use of a copyrighted work need not comment on the original artist or work, or on popular culture, in order to constitute “transformative”… more

The 2017 Automotive Mergers and Acquisitions Outlook

As we stand here in early 2017, we are further away from the all-time high in valuations and deal activity that we witnessed in 2015; but despite signs that the extended expansion cycle for the industry may be plateauing, automotive… more

Brexit: The Implications of the UK General Election

The UK will hold a General Election on 8 June. While this will mean that the ongoing work of the Government on Brexit will be put on hold, the two-year deadline for the negotiations continues to draw closer...… more

Buy American Executive Order Means Renewed Obligations for Government Contractors

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer laws… more

Host Country Benefits of Export Projects

Hydropower, as an affordable, reliable and sustainable source of electricity, has played an important role in the growth and industrialisation of many emerging market economies, including Laos, Kenya, Sarawak (Malaysia), China (in the… more

Minimum Energy Efficiency Standards in buildings - Update April 2017

It is now just under one year until the new Minimum Energy Efficiency Standards (or MEES) regime comes into force. From 1 April 2018, it will be unlawful for landlords to agree a new tenancy or a renewal for a property rated F or G on… more

District Court Granted Voluntary Motion to Dismiss Against Named Defendant But Disallowed Reservation of Rights as to Unnamed Third Parties

In this patent infringement action, Plaintiff Wright's Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice, but with… more

Prosecutorial Discretion in the Age of Over-Criminalization

Depending on whom you ask, the U.S. Code contains between 3,000 and 4,500 federal crimes. The sheer volume has prompted legal commentators to decry the steady expansion of federal criminal statutes over the last several decades as an… more

OTA & Travel Distribution Update - April 14th, 2017

This week’s OTA & Travel Distribution Update for the week ending April 14, 2017 is below. Additional details regarding last week’s long-awaited report on online travel by the European Commission are featured in this week’s Update… more

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’ Day.” Spurred… more

Governance & Securities Law Focus: Europe Edition - April 2017

In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more… more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Higher Education Associations Respond to USCIS Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017. Premium… more

Implications of declaration of boundaries of Konebada Petroleum Park - The Minister for Lands and Physical Planning has recently declared a significant portion of land (including sea areas) on the Western side of Port Moresby to be the Konebada Petroleum Park (KP Park) under section 3(4) of the Konebada Petroleum Park Authority Act 2008 (Act).

The Minister for Lands and Physical Planning has recently declared a significant portion of land (including sea areas) on the Western side of Port Moresby to be the Konebada Petroleum Park (KP Park) under section 3(4) of the Konebada… more

FTC resolves allegations against three U.S. based companies involving misrepresentations of International Privacy Program certifications

Privacy laws in Asia-Pacific countries such as Japan, Australia, New Zealand and Singapore restrict the export of personal information except when the exporter meets certain qualifying conditions. One qualifying condition is if the… more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a mortgage to a… more

Volkswagen Announces Major Steps Toward Electrifying Its Vehicle Fleet

While fans of electrifying rides got a boost from the box office this week, fans of electrified rides are living in exciting times as well… more

Applying The Peppers Doctrine, Illinois Appellate Court Affirms Stay Of Insurer’s Declaratory Judgment Action

In Sentry Ins. v. Cont’l Cas. Co., 2017 IL App (1st) 161785, the Appellate Court of Illinois, First District had occasion to consider whether a trial court properly entered a stay on an insurer’s declaratory judgment action when… more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel individual… more

Non-Trademark Use is a Non-Infringing Use

In Oaklawn Jockety Club, Inc. v. Kentucky_Downs, LLC, [16-5582] (Sixth Circuit April 19, 2017), the Sixth Circuit affirmed a district court dismissal of plaintiff’s trademark infringement action because defendant’s use of plaintiff’s… more

TCPA Defendant Strikes Out on Summary Judgment Bid to Demonstrate Consent to Call

For anyone who still thinks that TCPA defense is a simple or straightforward affair, the decision of Harrington v. RoundPoint Mortgage Servicing Corp., 2017 U.S. Dist. LEXIS 55023 (M.D. Fla. Apr. 11, 2017) is a worthy read. There… more

Lack of Cooperation Leads to Court to Order Scope of Discovery for Defendant: eDiscovery Case Law

In Bird v. Wells Fargo Bank, No. 16-1130 (E.D. Cali., Mar. 31, 2017), after the parties could not agree on the parameters and scope of discovery, California Magistrate Judge Erica P. Grosjean ordered the defendant to produce several… more

Collateral Attack on Final Judgment Disallowed

In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground that a… more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts reasoning… more

The FCPA Lives On

On Tuesday, April 18, 2017, Acting Principal Deputy Assistant Attorney General Trevor McFadden (the P-DAAG) spoke at the 10th Anti-Corruption, Export Controls & Sanctions Compliance Summit in Washington, D.C. After much speculation… more

We Need a License To . . . Be a Charity?

Wait a minute! Haven't we done everything we're supposed to do? We've clearly defined our charitable mission. We formed our non-profit corporation. We got our 501(c)(3) determination letter from the Internal Revenue Service ("IRS"). We… more

CFPB and DOJ directed to address state AGs’ proposal to redirect unused settlement funds to NAAG

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

CMS request for information presents rare opportunity for medicare stakeholder engagement

On 14 April 2017, the Centers for Medicare & Medicaid Services (CMS) published the fiscal year (FY) 2018 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Acute Care Hospital (LTCH) Prospective Payment System… more

FCC Vows Its Never Gonna Give Up On Bridging Digital Divide: Opens Rulemakings To Promote Access To Broadband Infrastructure

At the end of March, new FCC Chairman Ajit Pai branded April “Infrastructure Month.” He paired this declaration with the announcement of a comprehensive agenda aimed at tackling a host of infrastructure-related challenges seen as… more

NAIC Report: 2017 Spring National Meeting

The NAIC’s 2016 Annual Report is titled, “Inspiring Innovation” and the themes of innovation and the new capabilities that technology offers were evident throughout the weekend. In March, the NAIC announced the creation of a new… more

Businesses Beat Lawsuits Alleging Website Terms Violate New Jersey Law

Every retailer that does business in New Jersey needs to know about New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which was passed in 1981 to protect the rights of consumers from allegedly deceptive… more

Are We There Yet? Paving the Way for Autonomous Vehicle Claims

Autonomous or self-driving vehicles (AVs), once confined to the realm of science fiction, are now a reality. Most vehicles on the road today rely on some aspect of autonomous technology. Vehicles of the future will be entirely… more

Appellate Court Precludes Assignee Of Reinsurance Claims From Re-Litigating Lack Of Entitlement To Arbitration

In 1986, Pine Top Insurance Company became insolvent and was placed into liquidation. The liquidator eventually sold Pine Top’s accounts receivable, including reinsurance claims, to an entity named Pine Top Receivables of Illinois… more

At Stake

The Illinois Gaming Board (IGB) held its March monthly meeting on Friday, April 21, 2017, in Springfield. Riverboat -… more

FTC Privacy and Data Security Enforcement Activity Continues Unabated under the Trump Administration

Last week, the Federal Trade Commission (FTC) Bureau of Consumer Protection’s Acting Director, Thomas Pahl, posted on the FTC’s Business Blog about the FTC’s role as the federal agency with the “broadest jurisdiction” to pursue privacy… more

An Opportunity to Shape Compliance with GDPR

A close observer of the GDPR will have noticed that, in several places, individual EU Member States can implement derogations from the GDPR requirements. Of course, as a regulation under EU law there is less scope for local flexibility… more

Second Circuit Holds that District Court Orders Determining Restitution Credits are Final, Appealable Orders

In United States v. Yalincak, No. 11-5446 (2nd Cir. Apr. 10, 2017) (Calabresi, Raggi, Lynch), the Second Circuit addressed a complicated issue of appellate procedure in the course of a decision on the law of restitution. Specifically… more

U.S. Fifth Circuit Affirms Application of the Subsequent Purchaser Doctrine in Oilfield Contamination Case, Recognizes “Clear Consensus” Among Louisiana Appellate Courts, and Declines Certification to the Louisiana Supreme Court

In Guilbeau v. Hess Corporation, the United States Fifth Circuit Court of Appeals unanimously affirmed the application of Louisiana’s subsequent purchaser doctrine to bar a plaintiff’s claims for property damage resulting from alleged… more

Beyond Purchase Price: The Tax Treatment of M&A Deal Costs

Recovering Transaction Costs - It is a basic tax principle that the more a seller pays in taxes on the sale of its business, the lower will be the economic benefit realized on the sale; similarly, the more slowly that a buyer… more

Timely Response to U.S. Army Corps of Engineers Notice Critical for Water Resources Development Projects

Stakeholders with a water resources development project they would like modified or studied need to submit requests to the U.S. Army Corps of Engineers (“USACE”) in a timely fashion and should pay close attention to a notice recently… more

Taking Depositions in Mexico

If you find yourself needing to take a deposition in Mexico, you’re in luck! There are no Hague Evidence Convention restrictions regardless of the nationality of the witness. What’s more, you can hold the deposition in any hotel… more

HIPAA and the Cloud’s Shared Responsibility Models

Cloud-based service providers (CSPs), like Amazon Web Services and Microsoft Azure, offer online access to shared computing resources. As such, they have developed a “shared responsibility model” for how CSPs and companies that use… more

New Mexico becomes 48th state to enact data breach notification law

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have considered… more

St. Jude Medical On Hot Seat for Cybersecurity Flaws in Home Monitoring System

The Food and Drug Administration (FDA) recently issued a warning letter to St. Jude Medical, alleging that it failed to properly investigate issues with the batteries in its defibrillator implants and for failing to fix the… more

Darwinian Insurance

This case demonstrates the need for providers to know and follow the notification provisions set forth in their insurance policies in order to avoid an inadvertent loss of coverage. Once again, the terms of a hospital’s insurance… more

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial purposes… more

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