Latest Updates

Sky bridges are making a comeback in these pedestrian-friendly times

Younger workers, aged 18-34 years old (yes, Millennials), prefer walking as a mode of transportation by 12 percentage points over driving, prefer living within walking distance of shops and restaurants, and having short commutes. Such… more

New California Regulation Protects Transgender Employees

The California Fair Employment and Housing Council (“FEHC”) recently adopted amendments to the existing regulation on sex discrimination which address transgender identity and expression. Some changes are subtle, including a shift in… more

Research into Cannabidiol (CBD) Progresses

Kalytera Therapeutics, clinical-stage pharmaceutical company, recently announced plans for clinical trials focused on the treatment of Graft versus Host Disease using Cannabidiol (CBD), a compound found in cannabis. This development… more

Key Texas M&A Issues (Presentation)

Agenda - Letters of Intent - Best Efforts - Indemnification - Sandbagging - Non-Reliance - Fiduciary Duties - Letters of Intent: • Buyer may seek letter of intent that is generally not binding on either party (exceptions… more

DOT Releases New Federal Guidance for Automated Driving Systems

The U.S. Department of Transportation released new federal guidance for Automated Driving Systems (ADSs) on September 12, 2017. The new Voluntary Guidance—titled “Automated Driving Systems 2.0: A Vision for Safety”—replaces the 2016… more

What Hospitals Need to Know About the Natural Disaster Exception to Stark Law

Hospitals operating in regions affected by the recent hurricanes and other natural disasters may be able to obtain temporary regulatory relief. During times of disasters and emergencies, CMS can provide some flexibility related to the… more

China Unveils Plan to Ban Fossil Fuel Vehicles

Addressing a car forum in Tianjin, Xin Guobin, Vice Minister of Industry and Information Technology, announced that the Chinese government is developing plans to follow in the footsteps of some European countries to phase out fossil… more

Cleaning Up After The Storms

Building and Development Permits - While Florida was bracing for the impact of Hurricane Irma, Governor Rick Scott issued Executive Order No. 17-235, declaring a state of emergency for all 67 of Florida’s counties. Due to the… more

Changing of the Guard in the New York County Commercial Division

On May 22, 2017, Governor Andrew M. Cuomo announced that Justices Anil C. Singh and Jeffrey K. Oing had been appointed to fill vacancies on the bench of the Appellate Division, First Department. June 12, 2017 was the last day on the… more

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

The U.S. Citizenship and Immigration Services (USCIS) announced, on September 18, 2017, that it has resumed premium processing for all H-1B visa petitions subject to the fiscal year (FY) 2018 cap. USCIS had originally announced on… more

New Form I-9 Takes Effect on September 18, 2017

As of yesterday, September 18, employers must use the new Form I-9, Employment Eligibility Verification, for all new hires. The new form is available on the USCIS website and on most electronic Form I-9 software programs… more

Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an Overnight Shift

Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour shifts are… more

4 Signs of a Poor Relationship Between a CCO and the Board

Chief compliance officers have to devote more time to establish and maintain a positive relationship with the corporate board or audit/compliance committee. CCOs have a lot of responsibilities and feel a lot of pressure to address… more

General Data Protection Regulation (GDPR) Series, Part #3: GDPR Consent and Fair Processing

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next several… more

Premium Processing Now Available for Cap H-1B Visas

On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed the premium processing option for Fiscal Year 2018 H-1B cap visa petitions filed for an October 1, 2018 start date. Premium processing guarantees a 15-day… more

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor has until… more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1990-2010 (Part 1)

Last week, we discussed the data on how often the Justices of the Court voted with the majority in the Illinois Supreme Court’s death penalty cases between 1990 and 2010 (after which the death penalty was abolished). This week, we… more

Equifax Data Suppliers Urged by DFS to Give Hack “Highest Degree of Attention”

Yesterday, New York’s top financial regulator asked state-chartered banks and insurers to take immediate precautions to protect consumers and the financial markets “in light of the cybersecurity attack” at Equifax Inc… more

Filing Season Reminder: Department Guidance Regarding Massachusetts Partnership and C Corporation Tax Return Filing Due Dates

Effective for tax years beginning after December 31, 2015, the due date for filing federal tax returns for C corporations and partnerships were revised. See Public Law 114-41, the “Surface Transportation and Veterans Healthcare Choice… more

Premium Processing Resumes for Fiscal Year 2018 H-1B Cap Petitions

Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018 cap… more

[Audio]Talking Arbitration With the Peppers Who Wrote the Book

Pepper Hamilton partner Matthew H. Adler chairs the firm’s International and Domestic Arbitration Practice Group and is co-chairman of the Commercial Litigation Practice Group. He is also a lecturer at the University of Virginia School… more

No Twist on Pretzel Crisps on Remand

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC (“Princeton… more

Protection of servicemembers, Equifax data breach provide mistaken justifications for CFPB arbitration rule

In a mistaken attempt to justify the CFPB’s arbitration rule, supporters are pointing to the need to protect the rights of military servicemembers and the recent Equifax data breach. On September 20, Democratic Senator Jack Reed will… more

What Employers Need to Know About Employee Verification Requirements: Recent Changes to Form I-9 and Challenges Posed by a Natural Disaster

Although immigration has been a hot political topic lately, employers’ obligations to comply with the Immigration Reform and Control Act of 1986 (“IRCA”), 8 U.S.C. § 1324a, have remained consistent for the last few years. As most… more

Who Could Have Predicted? Fair Scheduling Requirements Pose Compliance Challenges for Retail, Restaurant, and Other Employers

After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were considered… more

Fourth Circuit Concludes that West Virginia State Law Preempts Local Ordinance Banning Oil and Natural Gas Wastewater Storage

On August 30, 2017, in EQT Production Company v. Wender, the United States Court of Appeals for the Fourth Circuit affirmed a federal district court’s invalidation of a West Virginia county’s ordinance banning oil and natural gas… more

Your Daily Dose of Financial News

The Fed’s Open Markets Committee will wrap up meetings tomorrow, and it’s expected [markets be ready] to avoid a rate hike but reveal the beginning of a measured shrinking of the Fed’s $4.2 trillion mortgage/Treasury bond portfolio… more

No Gifts in Proposed Partnership Audit Regulations

New partnership audit and collection regime rules will soon go into effect, defining who can elect out and enabling the Internal Revenue Service to assess taxes directly against the partnerships it audits. Originally published on… more

Employment News - September 2017 #2

Uplifting – injury to feelings compensation must be increased by 10% - After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in the… more

Senate Passes Increase to Rule 701 Limit

On September 12, 2017, the Senate passed the Encouraging Employee Ownership Act of 2017 (H.R. 1343) which directs the SEC to revise Rule 701 of the Securities Act of 1933 (the "Securities Act") to increase the threshold that triggers… more

Eisinger and Pelletier Talk About The Chickenshit Club

Yesterday I posted a book review of Jesse Eisinger’s book The Chickenshit Club. I also posted a podcast of an interview I did with Eisinger and Paul Pelletier, a partner at Pepper Hamilton, who was a source in the book. The both had… more

TCF National Bank obtains dismissal of CFPB’s Regulation E claims in overdraft services lawsuit

This past January, the CFPB filed a lawsuit against TCF National Bank in Minnesota federal district court that alleged that the bank, in connection with offering overdraft services, violated the Consumer Financial Protection Act’s… more

The Strategy of Introductions as Selling Opportunities

Twenty years ago, I was working as the business development director for the Portland Office of Cooper & Lybrand, the international accounting firm that merged to form PricewaterhouseCoopers. The office at the time consisted of… more

Defending Breach-Of-Contract Claims In Data-Breach Litigation

We’ve previously discussed the “overpayment” theory of injury in data-breach litigation. This theory rests on the premise that the price of a product or service includes a payment for data security measures. When a data breach… more

Meet the (Probable) Next Leader of the NLRB

The White House announced on September 15, 2017, that Vermont labor lawyer Peter B. Robb will be President Donald J. Trump’s nominee to lead the National Labor Relations Board (NLRB). If confirmed by the Senate, Robb will succeed… more

CMS Proposes Cancellation of Bundled Payment Initiatives

On August 15, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule (the “Proposed Rule”) that, if finalized, would (A) cancel the mandatory Episode Payment Models (“EPM Models”) and Cardiac Rehabilitation… more

Am I liable for my spouse's debts in California?

I'm often asked if someone is liable for their husband's (or wife's) debts. The short answer is "No". Let's explore the rest of the answer… more

Directors’ liability D&O: Entering uncharted territory

Welcome to this the fifth edition in our series of surveys on directors’ liabilities, brought to you by the international law firm Allen & Overy LLP and the global advisory broking and solutions company Willis Towers Watson. We… more

UK Government Publishes Draft of the Data Protection Bill

On 14 September 2017, the Government published the long-awaited draft of the Data Protection Bill (the Bill). The Bill was first announced in the Queen’s Speech on 21 June 2017 (see our previous blog) and will incorporate the General… more

[Video]Day 12 of One Month of Innovation in Compliance-Real Time v. Right Time Monitoring

If it is not clear already this month, innovation does not simply come from a technical or even service perspective but can improve your compliance program from a wide variety of perspectives. We have considered a variety of issues… more

IRS Challenges Ahead For Insurance Producers?

A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on insurance… more

Lawful Permanent Residence: How Not to Lose It

U.S. Customs and Border Protection Officers at ports of entry to the U.S. routinely question returning lawful permanent residents (“green card” holders) about the length of time spent outside the U.S.A. and the nature of their… more

[Video]Compliance Man Goes Global-Episode 1

I welcome you to a new series entitled Compliance Man Goes Global podcast of Compliance Report-International Edition. I am joined by Tim Khasanov-Batirov, a compliance practitioner who focuses on high risk markets for 17 years. In each… more

SEC Office of Compliance Inspections and Examinations Announces Most Frequent Advertising Rule Compliance Issues for 2017

The Office of Compliance Inspections and Examinations (the “OCIE”) published a Risk Alert on September 14, 2017 discussing the most frequent issues that the OCIE observed during its examinations of investment advisers with regards to… more

Duties Owed to All by a Healthcare Provider Sound in Premises Liability, Not Medical Malpractice

In Johnson v. Open Door Community Health Centers, No. A143992, the Court of Appeal, First Appellate District, Division Four, recently held that MICRA did not apply where a patient who was attempting to exit a clinic after the… more

BNA Reports That Tax-Zapping Software Costs States $21 Billion In Taxes Annually

BNA’s Michael J. Bologna and Paul Shukovsky have written a comprehensive article about a pervasive problem facing state tax auditors: the use by restaurants and other cash-intensive businesses of electronic revenue suppression… more

After the Storm: What You Need to Know for Employment Law

Recovering from the effects of a natural disaster, such as Hurricane Irma, can seem daunting, especially for employers having to address the fallout on both professional and personal fronts. It is therefore understandable that human… more

Premium Processing Of H-1B Petitions Further Expanded, Effective Immediately

The US Citizenship and Immigration Service (USCIS) announced today, September 18, 2017, that it will again expand its resumption of premium processing for additional types of H-1B petitions. Effective immediately, H-1B petitions… more

Proposed Fourth Quarter 2017 Universal Service Fund Contribution Factor Jumps – Poised to Hit New High

On September 12, 2017, the Federal Communications Commission’s (Commission) Office of the Managing Director (OMD) released a Public Notice proposing a universal service fund (USF) contribution factor of 18.8% for fourth quarter 2017… more

IBA Self-Regulatory Principles at Center of BBB Decision

Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles. The interest-based advertising rules of the road require third parties to provide… more

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Founded more than 60 years ago as Silicon Valley began transforming into the world’s technology hub, RMKB is headquartered in Redwood City, California with offices in San Francisco, San Jose, Los…

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