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Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker misrepresented the…more

LB&I to Closely Scrutinize Basket Transactions

The Large Business and International (LB&I) Division of the Internal Revenue Service (IRS) announced its first 13 issue-based campaigns on January 31, 2017. As discussed in a prior Eversheds Sutherland Legal Alert, these campaigns…more

Parallel Universes: Antitrust Leniency and the FCPA Pilot Program

The world of science fiction can be exhilarating. If you ever read The Foundation Trilogy or Martian Chronicles, you know what I mean. The concept of parallel universes has always been an intriguing idea where believers can aspire to…more

Fourth Circuit Finds Religious Accommodation Obligation Does Not Require Waiver of Advance Notice Policy

Title VII of the Civil Rights Act requires employers to provide reasonable accommodation of employees’ religious practices. Perhaps the most common accommodation request involves time away from work based on religious observances…more

Report Lists Health Care Data Breaches by State

A new report issued by Safetica USA has organized data breaches affecting over 500 individuals that were self-reported to the Office for Civil Rights (OCR) in 2016 into a list by state and records exposed…more

[Audio]Law School Toolbox Episode 85: Surviving as a Summer Associate and New Firm Lawyer (with Grover Cleveland)

Welcome back. Today, we’re talking with Grover Cleveland, a Seattle lawyer and speaker and the author of the bestselling career advice book for new lawyers, Swimming Lessons for Baby Sharks: The Essential Guide to Thriving as a New…more

The Entrepreneurs Report: Private Company Financing Trends

Venture financing data shows that 2016 was an exceptionally strong year for early-stage valuations and amounts raised. Median pre-money valuations for 2016 Series A and Seed financings exceeded those of each of the past five years…more

Silver Hills Doesn’t Mute Howey

Anyone who has studied securities regulation since 1946 should be familiar with the U.S. Supreme Court’s definition of a “security” as enunciated by Justice Frank Murphy in S.E.C. v. Howey Co., 328 U.S. 293 (1946). That test asks…more

Client Alert: Captive Insurance on 2017 IRS “Dirty Dozen” Listing

For the third consecutive year, “abusive micro-captives” make an appearance on the IRS’ annual “Dirty Dozen” list of tax scams in 2017. Last year’s information release on abusive tax shelters, found in IR-2016-025, included abusive…more

What’s Ahead for Value-Based Health Care?

Prior to the presidential election in November, experts believed that the trend toward value-based payment – the concept of rewarding providers based on the quality of care delivered, rather than the number of procedures performed –…more

Do new regulations for promotional games apply to your company?

Issued last year, Decree 2104 of 2016 modified the request procedure for authorizing promotional games. We outline everything you need to know about complying with these regulations…more

Combating Money Laundering and Terrorist Financing with a Distributed Ledger

Despite the staggering $8 billion figure estimated to be spent on global compliance in 2017, U.S.-based rules regarding Anti-Money Laundering (“AML”) and Combating the Financing of Terrorism (“CFT”) remain anchored in their 1970s…more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration reform does…more

Legal Malpractice Insurer Has No Duty to Defend Contempt Proceeding

In its recent decision in Jones, Foster, Johnston & Stubbs, P.A. v. Prosight-Syndicate 1110 at Lloyd’s, 2017 U.S. App. LEXIS 2550 (11th Cir. Feb. 14, 2017), the United States Court of Appeals for the Eleventh Circuit, applying Florida…more

French Legal and Regulatory Update

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual…more

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). Salinas v…more

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

As more states legalize marijuana for recreational use, the long-term effects of marijuana use —the good and the bad — will continue to have a significant effect on the law, and in particular, products liability law. Products liability…more

Sixth Circuit Denies Arbitration in TCPA Class Action for Calls to Past Customers

Phone calls made by a lawn care company after the termination of a customer's contract were beyond the scope of the parties' agreement to arbitrate any claim "arising from or relating to" their contract, the U.S. Court of Appeals for…more

West Coast Real Estate Update: February 2017 #2

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek a jury…more

Trends That Will Shape Transactions in the GCC

Will 2017 be a boom or bust year in the Gulf region? Shah: There have been important developments in the GCC region. We are witnessing significant structural reforms in Saudi Arabia as they follow their Vision for 2030…more

Issue Two: Keeping Tabs on the PTAB

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB, district court…more

Medical Marijuana Act Clouds the Rights of Employers to Establish and Enforce Marijuana Policies

Pennsylvania’s recently passed Medical Marijuana Act (MMA) has left employers dazed and confused about whether they may continue to enforce zero tolerance drug policies. The MMA, which provides qualifying patients with access to…more

Physician Heal Thyself: California Sets Nation’s Highest Standard For Health Care Workplace Violence Prevention

The facts are distressing: according to federal Occupational Safety and Health Administration statistics, over half of all reported workplace violence incidents occurred against workers in healthcare and social assistance. Nurses are…more

How to Prepare Your Client for Mediation

As with most other things in life, a lawyer’s success in mediation will usually be dependent on his or her preparation. This also means more than simply preparing a presentation for the mediator; it also means preparing your client for…more

Upcoming Oral Arguments in BPCIA Litigation

On Friday, the United States Supreme Court set oral arguments in Amgen v. Sandoz for April 26, 2017. Today, the United States Court of Appeals for the Federal Circuit announced that oral arguments in Amgen v. Hospira will be held…more

Do You Need to Do Business with Your Co-Owner’s Children? It Depends on the Language of Your Agreements.

Owners of closely-held businesses, including family-owned companies, often agree to restrict the owners’ ability to later transfer their ownership interests to third parties. Such restrictions prevent one owner from selling his or her…more

Price Confirmed as HHS Secretary; Hearing Scheduled on Verma Nomination

Early in the morning of February 10, 2017, the U.S. Senate confirmed Rep. Tom Price (R-GA) to be the Secretary of Health and Human Services. Senators voted along party lines, 52 to 47, to confirm Rep. Price, an orthopedic surgeon and…more

ERISA: Winning Tactic on Summary Judgment to Prove Claimant Received the Policy: Get Key Evidence into the Administrative Record

You know that to apply an exclusion in a policy, the claims administrator must show that the claimant received the policy. But what happens when the claimant submits a declaration disputing your proof that she received the policy?…more

Manatt Digital - February 2017

If there is one truism in the world of digital media, it is the simple fact that our technology and consumption habits are evolving in tandem with one another and at an exponential rate. This compounding effect of innovation is largely…more

Signs that OSHA Priorities are Shifting Under the Trump Administration?

There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule. As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data with OSHA…more

THE LATEST: Learnings from Merger Remedies Study Underscores FTC’s Heightened Focus on Remedy Packages and Proposed Buyers

WHAT HAPPENED: ..In early February, the FTC released its Merger Remedies Study (the Study), which focused on transactions from 2006-2012 in which the FTC found a competitive problem that did not require a block outright, and…more

New Law to Govern Pennsylvania Entities

Effective February 21, 2017, Pennsylvania law will change significantly for business corporations, nonprofit corporations, and especially for limited liability companies (“LLCs”), limited partnerships (“LPs”), limited liability LPs…more

Website Accessibility

Website accessibility continues to be a hot topic. Hundreds of businesses throughout the country have been sued in the past few years for failing to have accessible websites. Retail businesses have been the primary target; however…more

Best in Law: How You Can Combat Chinese Counterfeits

Counterfeit products can create significant problems for businesses. Chinese counterfeiting costs foreign businesses billions of dollars a year in lost profits, according to an ABC News report last year. Counterfeiting operations are…more

DOJ Issues New Guidance on Corporate Compliance Programs

The DOJ Fraud Section’s “Evaluation of Corporate Compliance Programs” puts chief compliance officers on notice about how the adequacy of their companies’ compliance programs is evaluated by prosecutors…more

[Audio]Podcast: Jennifer Roscetti and Erin Sommers on Understanding Global Attorney-Client Privilege

In our global economy, securing protection for and enforcing intellectual property rights reaches far beyond any one country’s border. Yet there are continual challenges around harmonizing IP practice. One unresolved issue is…more

First ‘Trial of the Century’ and the SQM FCPA Enforcement Action – Part II

Today I conclude my two-part series on the recent Foreign Corrupt Practices Act (FCPA) enforcement action involving the Chilean chemicals and mining company Sociedad Química y Minera de Chile (SQM), which agreed to pay a criminal…more

“Repeated exposure to supervisor constituted a dangerous situation”, employee arguing

The Federal Court has breathed new life into a government employee’s claim that “repeated exposure to her supervisor constituted a dangerous situation” that justified her work refusal under the Canada Labour Code. The case is a good…more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the Department of…more

Health Care Fraud and Abuse in the Middle District of Florida in 2016 - a Year in Review

The United States Attorney’s Office (USAO) for the Middle District of Florida (USAO-MDFL) prosecuted several civil health care fraud matters in 2016 and issued related press releases. A review of the USAO-MDFL’s criminal and civil…more

Brexit: the ball is in which court?

Brexit "will bring an end to the jurisdiction of the CJEU in the UK". That is the assertion in the UK Government's Brexit White Paper¸ and it was the promise of the Leave campaign. But the reality is more complex. The future…more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential designee…more

Trump Administration May Expand Proposal for Paid Maternity Leave to Fathers

During his campaign, President Trump proposed a plan to offer six weeks of paid maternity leave to mothers who give birth. The program would be funded through the unemployment compensation system. The Family and Medical Leave Act…more

Employees Bound by Non-Compete Agreement When They Clicked “Accept” to a Bonus on Intranet

Two employees who clicked “accept” on an online form in order to receive a bonus were bound by additional language that included an agreement to not compete in the future. Messrs. Lynch and Halpin worked in sales for ADP, and every…more

United States Amicus Brief Filed in Sandoz v. Amgen

Last week the Office of the Solicitor General (“SG”) filed an amicus brief on behalf of the United States in support of Sandoz’s position with respect to the BPCIA’s notice of commercial marketing requirement and patent dance…more

New York Finalizes Cybersecurity Regulations for Financial Institutions

On February 16, the New York State Department of Financial Services (NYDFS) issued cybersecurity regulations for banks, insurance companies and other financial institutions subject to NYDFS jurisdiction…more

Please Release Me, Let Me Go: Court Affirms The Appointment Of A Receiver Over Ray Price’s Assets Pending A Contest

In In re Estate of Price, Ray Price, a renowned country music singer and songwriter, died in 2013 and was survived by his wife and his biological son. No. 06-16-00062-CV, 2017 Tex. App. LEXIS 1265 (Tex. App.—Texarkana February 15…more

PTAB Ruling on CRISPR: No Interference

On Wednesday, February 15, 2017, the Patent Trial and Appeal Board (“PTAB”) ruled in favor of the Broad Institute of MIT and Harvard in a closely watched patent fight with UC Berkeley over the breakthrough CRISPR genome-editing…more

Repeal of Resource Extraction Disclosure Rule

On February 14, 2017, President Trump approved Congress’ joint resolution to repeal the SEC’s resource extraction disclosure rule. That action effectively brings to a conclusion the SEC’s efforts to implement a resource extraction…more

"Inside the Courts: An Update from Skadden Securities Litigators - February 2017 / Volume 9 / Issue 1"

We are pleased to present Inside the Courts (Volume 9, Issue 1), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between November…more

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