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Washington Supreme Court: Corporate Attorney’s Communications with Former Employees Not Privileged

The Supreme Court of Washington recently held that the attorney-client privilege does not protect a corporation’s attorney’s communications with former employees of the corporation, even if the communications concern events that…more

Implementing A Competitive Natural Gas Market In Mexico - CENAGAS to hold its first open season

Centro Nacional de Control de Gas Natural (CENAGAS) has received authorization from the Comisión Reguladora de Energía (CRE) to conduct its first open season for the assignment of available capacity on a firm basis in the country´s…more

UK Market Abuse Regime Extends Its Reach: Implications for Issuers

Companies trading on either the London Stock Exchange’s Main Market or AIM should ensure that their systems and procedures reflect changes to their disclosure and other obligations arising from the implementation of the new regime…more

IRS Clarifies Benefit Coverage Requirements for Employees of Tax-Exempt Disregarded Entities

The Internal Revenue Service (IRS) recently issued General Counsel Memorandum 201634021 (Memorandum), clarifying benefit coverage requirements for employees of a disregarded LLC wholly owned by a single member tax-exempt organization…more

SEC Will Vote on Final Intrastate Offering Exemptions

On Wednesday, October 26, 2016, beginning at 10:00 a.m., the Securities and Exchange Commission will hold an open meeting at which the Commission will consider the adoption of final rule amendments relating to Securities Act Rule 147…more

Fox Rothschild’s National Survey on Restrictive Covenants Released

Although the Broker Protocol has alleviated some concerns, many firms still find themselves wrestling with the vagaries of restrictive covenants when dealing with their employees. Fox Rothschild has produced this revised and updated…more

Class Action Age Discrimination Case Against Google Moves Forward

A software developer in California recently prevailed in a key ruling regarding her lawsuit against Google. The developer, Cheryl Fillekes, originally brought a suit against the multinational technology company in 2015, claiming that…more

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive advantages…more

Who Is Responsible For That Fallen Tree?

In the aftermath of Hurricane Matthew many of us are dealing with damage caused by fallen trees. In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners association…more

Class Action Filed Against Indianapolis Colts over App

This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy Act by…more

Yelling at Your Smartphone Could Get You Fired!

Michael Schrage at Harvard Business Review warns his readers, “Stop swearing at Siri. Quit cursing Cortana,” arguing such behavior could soon be seen just as destructive to an organization as ridiculing a subordinate. In the 1993 film…more

Labor & Employment E-Note - October 2016

In an article published on October 6, 2016 by the Society for Human Resource Management, Bryance Metheny provides insight to the delay in the overtime rule and the lawsuits brought against the Department of Labor ("DOL"). Metheny…more

Tough Talk: What is the difference between hard Brexit and soft Brexit - and why does it matter?

There remains a vast array of possibilities and potential scenarios as to the contours of the UK's relationship with the EU and its remaining 27 member states following any negotiated settlement for the UK's withdrawal. However, as we…more

New Zealand Government Adopts Import and Export Prohibition Order

The New Zealand Government adopted an Imports and Exports Prohibition Order for 2016 on Asbestos-containing products. The Order was made pursuant to section 3 of the Imports and Exports (Restrictions) Act of 1988. The New Zealand…more

OSHA’s New Reporting Rules to Make Employers Famous

By existing OSHA regulations, most employers (those with more than 10 employees) are required to complete and maintain records pertaining to serious work-related injuries and illnesses, using the OSHA 300 Log, OSHA 301 Incident Report…more

When The SEC Become A Real Estate Regulator

For at least a century, it has been said that only three things matter in real estate: location, location, location. Recently, the Securities and Exchange Commission took this old saw to heart in the context of disclosure of non-GAAP…more

FTC and DOJ Release Antitrust Guidance for HR Professionals

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This guidance…more

When Business Supersedes Compliance – A Recipe for Disaster

When looking through the wreckage of a major corporate compliance disaster, it is relatively easy to spot the important events when business needs (or money) are consciously elevated over compliance concerns or even reputational risks…more

Client Alert: CFPB’s Structure is Unconstitutional, D.C. Circuit Court Holds

Lenders and their attorneys have been closely monitoring the enforcement actions and rules promulgated by the Consumer Financial Protection Bureau or CFPB, which was created under the Dodd-Frank Act. The CFPB’s three goals are to…more

Edward Snowden, Chelsey Manning and the Human Dimension of Information Security. Kate Bischoff Explains

Kate Bischoff worked for the State Department in the Middle East during the Edward Snowden and Chelsey Manning scandals. Kate also conducted training for the State Department for employees on information security. Kate describes what…more

Is a City Immune for Failing to Install Signals at a Crosswalk?

Woodland Hills personal injury attorney Barry P. Goldberg is seeing more and more serious pedestrian accidents at crosswalks. In fact, Mr. Goldberg recently posted articles on the most dangerous intersections for pedestrian accidents…more

Bridging the Week - October 2016 #3

Registration Based on Quantitative Test Likely to Be Part of Supplemental Regulation AT, Suggests CFTC Chairman - Timothy Massad, Chairman of the Commodity Futures Trading Commission, indicated last week that he continues to…more

Connecticut Governor appoints State Cybersecurity Czar

Gov. Dannel P. Malloy recently appointed Democrat Arthur H. House the state’s first cybersecurity czar. House moves into the role after serving as the chairman of the Public Utilities Regulatory Authority for the past four years…more

PTAB Upholds Stay of IPR Pending Review by Supreme Court

A Patent Trial and Appeal Board (PTAB) panel upheld a stay of co-pending inter partes review (IPR) proceedings pending a decision on the patent owner’s petition for writ of certiorari…more

Upping the Ante on Casinos’ AML Compliance

FinCEN focus requires major shift in gaming business practices - Which complex, global industry where billions of dollars exchange hands every day, and where high-net-worth customers park significant sums, is facing unprecedented…more

Guidelines for Privacy Certifications and Trustbrands

Privacy certifications, or “trustbrands,” are seals licensed by third parties for organizations to place on their homepage or within their privacy policy. The seals typically state, or imply, that the organization which has displayed…more

Hotel Websites and Reservation Systems Is your website accessible to the blind and vision impaired?

How would you react if you received a letter from a law firm alleging that your hotel’s website is in violation of the Americans with Disabilities Act (ADA) because it discriminates against persons who are visually disabled? If…more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural Requirements

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor Agreement…more

In Case You Missed It: Launch Links - October, 2016 #3

Some interesting links we found across the web this week: The first 100 days of your startup: From registering a name to funding options - How to start a startup: Advice from startup founders - Techworld talks getting…more

When “Organic” is Not “Organic,” Even When the USDA Says It Is

Producers of agricultural products go to great lengths to achieve the U.S. Department of Agriculture’s “organic” label. Under the USDA’s National Organic Program (NOP), organic certification is a complex time-consuming process. The…more

Fujifilm Kyowa Kirin Biologics Announces Successful Adalimumab Biosimilar Trial Results

On October 19, Fujifilm Kyowa Kirin Biologics (a joint venture between Fujifilm and Kyowa Hakko Kirin), announced successful results in the global Phase 3 study of its Humira® (adalimumab) biosimilar candidate, FKB327. According to…more

MBA launches new networking platform for women

Women in the real estate financing sector have a new opportunity to connect with others in their field and to access and exchange information about the industry. On October 18, the Mortgage Bankers Association (MBA) announced the…more

Election 2016: A Reminder About New York’s Voting Leave Law and Posting Requirements

On November 8, 2016, voters across the country will cast their votes for president and vote in state and local elections. In New York, employers should ensure that they comply with New York’s voting leave law. Under N.Y. Election Law §…more

Due Diligence Means You Actually Must Do Something

So let me get this straight; Tom Brady is suspended for four games for allegedly requesting some footballs to be deflated, while another National Football League (NFL) player, New York Giants kicker Josh Brown, who had admitted he…more

Connecticut Workers’ Compensation Carriers May Pursue Justice

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused the…more

Final Debate Yields Few Details on Candidates’ Tax Policy

Key Points - - Tax policy has not been an issue of primary debate during this campaign season, although both presidential candidates have advanced significant tax policy initiatives that are likely to gain congressional…more

SEC Issues Guidance on Pay Ratio Disclosure Rule

On October 18, 2016, the Division of Corporation Finance of the Securities and Exchange Commission issued five new compliance and disclosure interpretations (C&DIs) regarding the pay ratio disclosure rule, which will require a public…more

Another $50 Million Shoe Drops: DreamWorks Settles Wage-Fixing Class Action

In the latest sequel to the ongoing legal drama, DreamWorks has agreed to pay $50 million to settle a class-action based on DreamWorks conspiring with other animation studios not to poach/hire one another’s employees…more

Those Confining DiMasi Are Challenged to Make a Better Case for His Freedom

I’m hoping the U.S. Bureau of Prisons (BOP) does a bang-up job on the homework assignment it’s been given by Judge Mark Wolf in the matter of freeing Sal DiMasi, former Speaker of the Massachusetts House. Sal’s been in prison for…more

EEOC Issues Updated Strategic Enforcement Plan: What Should Employers Do Now?

On October 17, 2016 the U.S. Equal Employment Opportunity Commission (EEOC) approved a Strategic Enforcement Plan (SEP) for Fiscal Years 2017 – 2021. This recently approved SEP updates the EEOC’s first SEP which spanned Fiscal Years…more

Supplemental Registrations – Actually Worth a Hill of (Coffee) Beans

The potential defensive value of a registration on the Supplemental Register is highlighted in a recent opinion of the Trademark Trial and Appeal Board, In re Morinaga Nyugyo Kabushiki Kaisha. While we often think of trademarks on the…more

New Jersey Tax Law Update

The new tax law raises the gas tax to increase state revenue, but also includes provisions that are designed to reduce taxes for New Jersey residents. On October 14, New Jersey Governor Chris Christie signed into law important new tax…more

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And Reiterates Prior Holdings

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the initial…more

US Implements Sixth Round of Eased Cuba Sanctions

On October 17, the US Departments of Commerce and the Treasury announced the sixth round of eased sanctions and export controls designed to bolster trade between the United States and Cuba. The amendments by the Bureau of Industry and…more

SEC’s Latest Insider Trading Action: A Question of Materiality

Earlier this month the Supreme Court head argument in Salman, perhaps the most significant insider trading case to be considered by the High Court in decades. The issue there centers on what constitutes a personal benefit and, more…more

Flexible Work Arrangements Proposed by the Government of Canada

The Government of Canada recently completed a consultation with employers, employer associations, union and labour organizations, and advocacy groups as part of its pledge to amend the Canada Labour Code to allow workers in federally…more

Financial Services Quarterly Report - Third Quarter 2016: DIFC Funds: 2016 and Beyond

The Dubai International Financial Centre (DIFC) is a financial free-zone located in Dubai with its own established set of laws and regulations as well as a financial regulator and court system. Established in 2004, the DIFC is arguably…more

Avoiding Lender Liability for Credit-Related Actions in California

Aside from general statutory prohibitions on lender discrimination, there are certain circumstances under California law in which lenders may be held liable for credit-related actions, such as negotiating or denying credit. See…more

Louisiana Rejects Arbitration Clause In Contract Of Adhesion

The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d…more

A Half Salary Guide is a Whole Salary Guide: eDiscovery Trends

When it’s from Robert Half. Robert Half’s 2017 Legal Salary Guide (downloadable from here) once again features salary ranges for more than 100 positions in the legal field and provides some other interesting statistics, as well. Here…more

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