Latest Updates

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the Health Insurance… more

Benefits for Veteran Owned Businesses

Congratulations, you’ve finally done it! You got the sweet freedom that comes from getting your DD-214 and decided to started your own business. Now what? How do you put the years of service you dedicated to the military to work for… more

Full Steam Ahead: IRS Moves Forward to Collect Affordable Care Act Penalties

As efforts to reform the Affordable Care Act (the “ACA”) stall in Congress, a recent government report suggests that the Internal Revenue Service is preparing to identify and collect employer shared responsibility penalties… more

An overview of the OECD's Phase 4 Report on the UK's implementation of the Anti-Bribery Convention

“The UK has made significant improvements to its ability to detect foreign bribery, but could still do more by reforming out-of-date legislation and better utilizing existing resources.” On 23 March 2017, the Organisation for… more

Third Circuit Allows Medical Resident to Sue Private Teaching Hospital Under Title IX

On March 7, 2017, the Third Circuit Court of Appeals held that a former medical resident could pursue a sex-discrimination claim against a private teaching hospital under Title IX of the Education Amendments of 1972. The decision… more

Kansas City Cabinetmaker to Pay $60,000 to Settle EEOC Race Discrimination Suit - Profile Cabinet and Design Fired Black Workers Because of Their Race, Federal Agency Said

Profile Cabinet and Design Fired Black Workers Because of Their Race, Federal Agency Said - ST. LOUIS - Profile Cabinet and Design, a Kansas City, Mo., custom cabinetmaker, will pay $60,000 and furnish other relief to settle a… more

Federal Circuit to PTAB: No Short Cuts Allowed

Today, the Federal Circuit, vacated-in-part and remanded the Patent Trial and Appeal Board’s obviousness determination regarding a Securus Technologies patent directed to systems and methods for reviewing conversation data for certain… more

Dealing with Violations in Export and Import Transactions

You are the general counsel or CEO of your company. Your compliance manager comes into your office and tells you that he/she may have discovered an export violation within the company. Or perhaps you have received a directed disclosure… more

FCC Outlines Additional Steps for Incumbent Licensees in the 3.5 GHz Band to Establish Grandfathered Protection Zones

As we have explained in prior advisories, the FCC is implementing its plans to make available 150 MHz of shared spectrum in the 3.5 GHz band (3550-3700 MHz) under a new service known as the Citizens Broadband Radio Service (“CBRS”)… more

Selecting an Advisory Board – Do’s & Don’ts

Beginning as a part-time college job walking friends’ dogs, Cary Barker’s full time business now employs over 30 college students to walk neighborhood dogs and to deliver them for daily activities to and from his Barkingham Palace… more

Trump Administration Launches Probe of Steel Imports Under Trade Expansion Act

Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national security… more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't Win the H-1B Lottery

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States Citizenship and… more

Colorado Proposes New Cybersecurity Rules For Financial Advisers

Earlier this month, the Colorado Division of Securities released a set of proposed changes to the Colorado securities laws that would, if adopted, impose strict cybersecurity requirements on investment advisers and broker-dealers, and… more

California’s Supreme Court Holds Arbitration Clauses Cannot Waive Public Injunctive Relief

In what will likely result in a certiorari petition, the Supreme Court of California unanimously ruled that consumers cannot contractually waive their right to pursue public injunctive relief through a pre-dispute arbitration clause… more

OIG Publishes Compliance Program Effectiveness Guide

On March 27, 2017, the HHS Office of Inspector General (OIG) issued a document entitled “Measuring Compliance Program Effectiveness: A Resource Guide.” Published in conjunction with the Health Care Compliance Association (HCCA), the… more

Rules of the Drone. The New FAA Drone Rules For Your Construction Site

About ten years ago, I visited a college friend in Simi Valley, California. He graduated Purdue with an Aeronautical Engineering degree and had left Indiana to work for a company developing unmanned aircraft for the military. He… more

California Supreme Court Creates More Confusion

The California Supreme Court recently created yet another exception to the enforceability of arbitration agreements with class action waivers, and in doing so generated more uncertainty about what companies should (and should not)… more

The International Comparative Legal Guide to: Lending & Secured Finance 2017

Innovations in financial technology (“fintech”) are transforming the provision of financial services to consumers and small businesses in ways that are at once profound and mundane. The nascent online lending – or “marketplace… more

CFPB to hold May 10 field hearing on small business lending

The CFPB will hold a field hearing on small business lending in Los Angeles, CA on May 10, 2017. The announcement, which took the form of a posting on the events page of the CFPB’s website, contains only the usual statement that the… more

FINRA's Newest One-Two Punch

On February 3, 2017, the SEC approved: (1) new FINRA Rule 2165 (Financial Exploitation of Specified Adults[1]) permitting members to place temporary holds on certain customer accounts where there is a reasonable belief of financial… more

Court’s Inherent Sanction Powers – Not Rule 37(e) – Govern when Relevant Information (ESI included) is Intentionally Deleted

In Hsueh v. N.Y. State Dep’t of Fin. Servs., (No. 15 Civ. 3401 [PAC], 2017 WL 1194706 [S.D.N.Y. Mar. 31, 2017]) the Southern District imposed spoliation sanctions (specifically, an adverse inference) on the plaintiff in a sexual… more

Employer liable for off-duty murder?

Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the employer failed… more

Yates, AG Sessions and Individual Criminal Prosecutions

In recent speeches, the Attorney General and an Principal Deputy Assistant Attorney General in the Criminal Division reconfirmed DOJ’s support for enforcement of the FCPA. No one should be surprised by their respective statements… more

Evaluating Tax Reform Proposals and Their Potential Impact on the Energy Sector

It has been over thirty years since the last major overhaul of the U.S. tax code, President Reagan's Tax Reform Act of 1986. That process took over two years and required cooperation between the President and both parties in Congress… more

Tennessee Adds Technical Requirements To Its Data Breach Notification Laws

Are you doing business in Tennessee? Do you have computerized personal information about anyone in Tennessee (including employees, clients, or customers)? Are you encrypting that data in accordance with the current version of the… more

Global Employee Equity at a glance: United Kingdom

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their… more

Big Apple Bars Employers from Asking about a Job Applicant’s “Salary History”

The New York City Council passed a law on April 5 prohibiting employers from inquiring about or relying on a job applicant’s current or prior wage, benefits or other compensation. The council’s action reflects an emerging trend in… more

OFAC Sanctions 271 Syrian Individuals

On Monday, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) leveled one of the largest sanctions actions in OFAC’s history. OFAC sanctioned 271 employees of Syria’s Scientific Studies and Research Center… more

Your SEC Filing Cover Page is (Probably) Wrong!

If you blinked, you may have missed this one—in a release deceptively titled “Inflation Adjustments and Other Technical Amendments Under Titles I and III of the JOBS Act,” the SEC amended the cover pages of a slew of its forms… more

Dress code in the workplace: keep your high heels on!

The government has undertaken to produce new guidance on workplace dress codes this summer following a joint report published by the Petitions and Women and Equalities Committees (the Committees). The report called for urgent action to… more

Bob Latham Talks Twibel in Lawyer Monthly

Bob Latham recently penned a short commentary for U.K.-based Lawyer Monthly magazine on the topic of twibel, a newly-coined term that refers to defamatory statements made over Twitter. In the article, he discussed the idea of context… more

New, Even Broader, Joint Employer Test Adopted

Employers may think the concept of joint employer being pushed by the National Labor Relations Board (NLRB) is overly broad, but a recent decision by a federal appellate court in Richmond, Virginia adopts the most expansive definition… more

CyberOhio Initiative – An Update from the Ohio AGO

We recently posted on the Ohio Attorney General’s CyberOhio initiative and forecasted that the Ohio Attorney General might be the first of many Attorneys General to join forces with industry in the struggle to protect consumer… more

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing… more

Limiting Statutory Damages in Internet Copyright Cases

One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers can be… more

Court of Appeals Dismisses Appeal For Lack Of Jurisdiction

On April 20, the U.S. Court of Appeals for the Second Circuit issued a unanimous ruling that may terminate much of the litigation triggered by the bankruptcy of Tronox Inc. The Court of Appeals dismissed the appeal for lack of… more

MMT finds against SFC in insider dealing case

In another decision against the SFC, the Market Misconduct Tribunal ("MMT") has found Mr Cheng Chak Ngok ("Mr Cheng"), former executive director, chief financial officer and company secretary of ENN Energy Holdings Limited, not guilty… more

Right to Seek Injunctive Relief Cannot be Waived by Arbitration Provision - Arbitration Agreement does not Provide Shield from General Contract Defenses

An arbitration agreement preventing individuals from seeking injunctive relief was void as contrary to California public policy and could not be enforced under California law, the California Supreme Court recently determined in McGill… more

CMS Aims to Stabilize Exchanges but Does Not Address Issuers’ Biggest Questions

CMS recently released a final rule with the goal of stabilizing Exchange markets for 2018. The agency also issued several significant guidance documents where CMS extended the deadlines for 2018 rate and Exchange qualified health plan… more

Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History

Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was set to go… more

Supreme Court Preview -- Sandoz Inc. v. Amgen Inc. -- 180 Day Notice of Commercial Marketing Provisions of BPCIA

On Wednesday, April 26, the Supreme Court will hear oral arguments in Sandoz Inc. v. Amgen Inc, involving interpretation for the first time of the Biologics Price Competition and Innovation Act ("BPCIA"), which was enacted in 2010 to… more

Mine Safety Agency Issues Alert to Prevent Fall Accidents

The Mine Safety and Health Administration has issued a safety alert on preventing accidents at mines from miners falling. MSHA said that in the past decade, 29 miners have died at metal and nonmetal mines when they fell from the… more

District Court Must Consider Significant Disparity Between Plea Offer and Ultimate Sentence When Assessing Ineffective Assistance Claims

In Reese v. United States, 16-516, the Second Circuit (Pooler, Wesley, Carney) vacated by summary order the order of the U.S. District Court for the Southern District of New York (Marrero, J.) denying Reese’s petition to vacate his… more

UV Curable Coatings: No Exergen, but PTAB Decision Leads to Stricken Inequitable Conduct Defense

In a recent decision in UV Curable Coatings for Optical Fibers, Inv. No. 337-TA-1031, Judge MaryJoan McNamara struck a respondent’s inequitable conduct defense, which the respondent based on the complainants’ conduct during IPRs of the… more

Patent Marking

Labeling your product with information about patent(s) that cover that product is called “patent marking” and is one way to inform the public about your IP rights. While under U.S. law you aren’t required to mark your products, not… more

Immigration Dispatch USCIS To Issue Redesigned Green Cards And Employment Authorization Documents

As part of an ongoing effort to enhance document security and deter counterfeiting and fraud, the U.S. Citizenship and Immigration Services recently announced that it will soon begin issuing redesigned Permanent Resident Cards… more

Ninth Circuit Stumbles on CAFA

Plaintiff lawyers must be mighty allergic to federal court. They perform all sorts of maneuvers to avoid CAFA removal of mass actions. For example, they will artificially subdivide their cases into groups of under 100. And/or they… more

D.C. Circuit Rebukes CFPB in Civil Investigative Demand Enforcement Decision

On April 21, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion in CFPB v. Accrediting Council for Independent Colleges & Schools, affirming a decision by the D.C. district court to deny enforcement of a… more

Your Daily Dose of Financial News

Mega luxury brand news yesterday, as LVMH announced a series of moves that, combined with $13.1 billion, helped it take over the 70-year-old French fashion house Christian Dior… more

What Lies Beneath: The Cultural Iceberg Effect in Negotiation in Latin America

American anthropologist Edward Hall has compared culture to an iceberg. While a few aspects are visible above the surface, a larger portion lays hidden below, with deep-seated assumptions and social beliefs which comprise the driving… more

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Joanna Foo is Principal of Apto Marketing. An erstwhile lawyer with an MBA, Joanna has 15 years of experience in integrated marketing that melds content development, social media marketing, automated…

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