Latest Updates

Keeping Up With The Kopyrights

Kendall and Kylie Jenner are beefing with the late Tupac Shakur. The Jenners are not singers or rappers (yet), but they do have a fashion line, the “Kendall + Kylie” brand. The famous sisters’ company used images of the late rapper on… more

How to spot PEPs and what to do with them – the FCA's Finalised Guidance 17/5

The guidance issued by the FCA in FG 17/5 (the Guidance) is likely to make a significant difference to the way in which firms identify and manage their relationships with politically exposed persons (PEPs). The FCA has used the… more

AIM – New Rules in the Pipeline for the London Stock Exchange’s Growth Market?

The London Stock Exchange has published a wide-ranging discussion paper on possible changes to its AIM rule books. The paper’s main areas of focus include the admission criteria for AIM, ensuring consistency of approach between… more

Reorganization Of Insolvent Corporations: Has A New Day Dawned? Nope

Withdrawal of Proposed Regulations- Earlier this year, the President directed the Secretary of the Treasury to review all “significant tax regulations” issued on or after January 1, 2016, and to take steps to alleviate the burden of… more

Attempt to Avoid Ohio Supreme Court’s Ruling in Corban Rejected by Federal Court in Ohio

After the Ohio Supreme Court’s September 15, 2016, decision in Corban v. Chesapeake Exploration, L.L.C., 2016-Ohio-5796, held that the 1989 Ohio Dormant Mineral Act was not self-executing – meaning that the surface was not… more

MiFID II Toolkit for Global Investment Managers

Changes to the MiFID II regulatory regime will impose new obligations on many global investment managers that, to date, have avoided substantive regulation in the European Union ("EU"). While the precise scope of these obligations… more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for marijuana in… more

Ten Tips For Actions By A Covered Entity After A HIPAA Breach By A Business Associate

This blog recently discussed tips for a covered entity (CE) in dealing with a HIPAA business associate (BA). Now, even though you have adopted all of the tips and more, in this dangerous and ever more complex data security world, one… more

Massachusetts Appellate Tax Board Denies Multiple Points of Use Sales Tax Refund Claims

The Massachusetts Appellate Tax Board (“ATB”) has issued an order denying three sales tax refund claims involving multiple points of use (“MPU”) sourcing. In each case, vendors had filed refund claims arguing that their customers were… more

It's Not About The Money: Prepare For "Destruction Of Service" Attacks

Computer networking giant Cisco says the recent WannaCry and Petya/NotPetya incidents signal the advent of a new generation of cyberattacks that is aimed more at mass disruption than financial gain. The new breed of “Destruction of… more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 18

The Senate Appropriations Committee Did Three Things This Week: Marked up the FY2018 Energy and Water Development Appropriations Bill, a measure to fund the nation’s priorities for energy development, research, and water… more

Third Circuit Rules “McCarthy Test” Determines Ownership of Unregistered Trademarks

The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the “McCarthy test,” rather than the “first use test,” should be used… more

House Passes Energy Legislation

Last week, the U.S. House of Representatives passed a series of energy bills, including several aimed at advancing the nation’s pipeline infrastructure. Meanwhile, efforts to revive more comprehensive energy legislation – considered… more

Second Circuit Applies More Lenient “Motivating Factor” Standard to Employee’s FMLA Retaliation Claim

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical Leave… more

How to Open the Door to Chancery

Sometimes more is not a good idea. That is the case when a complaint alleges multiple bases to invoke the jurisdiction of the Delaware Court of Chancery, but still fails to sustain that subject matter jurisdiction. The recent decision… more

Hearings This Week

Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety hearing on “Developing and Deploying Advanced Clean Energy Technologies.” Date: Tuesday, July 25, 10 a.m… more

Admissibility of Insurance Coverage: Sauce for the Goose

When Kerrie Evans’s child was born with cystic fibrosis, she sued her nurse practitioner and doctor for failure to adequately inform her about prenatal testing for CF, making concerns about cost the centerpiece of her case. Her… more

House Approves 8-Year Delay of Obama-era Ozone Standards

On July 18th, the U.S. House of Representatives passed a bill updating the Clean Air Act and delaying implementing Obama-era ozone reduction regulations until 2024. The “Ozone Standards Implementation Act of 2017” H.R. 806 passed the… more

July FCC Meeting Recap: Wireless Microphones Order on Recon and Further Notice: A Mixed Bag for Manufacturers and Users

On July 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) revisited the regulatory framework applicable to wireless microphones in several important ways. The Order on Reconsideration addressed petitions for… more

Nevada Enacts Online Privacy Policy Law; Illinois ‘Right to Know’ Bill Dies

Effective July 1, 2017, Nevada joined California as the second state to require operators of websites and online services to post a public notice regarding their privacy practices. Like California’s law, the new Nevada legislation… more

What Family Businesses Should Know about Washington’s New Paid Family Medical Leave Law

On July 5, 2017, Washington State joined a handful of states mandating paid family and medical leave. The new leave program, to be funded by employer and employee premiums, will provide up to 18 weeks of paid leave to individuals… more

California Supreme Court Expands Scope of PAGA Discovery

On July 13, 2017, in a decision with serious repercussions on the scope of PAGA discovery, the California Supreme Court overruled the Court of Appeals in Williams v. Superior Court to allow state-wide discovery of Marshalls employees’… more

New Fund Presents Opportunity For Local Proponents Of Zero-Emission Vehicles And Related Infrastructure

States, local governments, and businesses interested in zero-emission vehicles—such as electric cars—may get a needed boost from the Zero-Emission Vehicle (ZEV) Investment Fund. This fund was established in the wake of the Volkswagen… more

Who Is My Neighbour? Ontario Court Rejects a Duty of Care to Employees of Foreign Suppliers

The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh. On July 5, 2017, in Das v. George Weston Limited (Das), the court found that under… more

Where Do Fitness Instructors "Fit" In The Current Worker Classification System?

They say location is everything in business. How about classification of workers? In certain industries, workers have a unique combination of specified skills and relative freedom to do their job… more

KY Contractors Can Now Assert Claims for Negligent Misrepresentation Against an Architect Despite Absence of a Contract

Design professionals doing business in Kentucky beware: the Kentucky Court of Appeals recently held that a contractor may pursue a negligent misrepresentation claim against an architect for delays to a project resulting from allegedly… more

EPA Regulatory Agenda Item Revised to Remove TBD Effective Date

Since July 20, 2017, when the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions, the entry for the U.S. Environmental Protection Agency’s (EPA) item (RIN 2070-AJ54) concerning the Toxic Substances… more

Potential Risks From Pet Therapy Programs

Pet therapy programs have been expanding throughout the country, based largely on the increasing recognition that humans benefit from the human-animal bond. The human-animal bond is defined by the American Veterinary Medical… more

Partnerships Prepare For New Audit Regime

On November 2, 2015, new partnership audit rules, repealing existing TEFRA rules, were enacted in Section 1101 of the Bipartisan Budget Act (“BBA”). On August 15, 2016, Treasury published temporary regulations (TD 9780, 81 FR 51795)… more

Massachusetts Employers May Have To Accommodate Use Of Medical Marijuana, Court Says

The Massachusetts Supreme Judicial Court ruled this week that an employee’s use of medical marijuana to treat her disability may have to be reasonably accommodated under the state’s handicap discrimination law. In Barbuto v… more

Numerous Changes Are Coming Soon to the Federal Communications Commission’s Equipment Authorization and Importation Rules

In a long-awaited decision, the FCC, at its July 13, 2017, Open Meeting acted to update its equipment authorization procedures and rules in a number of significant ways that manufacturers, importers, retailers, and others in supply… more

Drone Noise vs. Traffic Noise

We have previously noted that people often view new technology with skepticism, and even trepidation bordering on fear. That perception changes as both costs decrease (resulting in more people using and adapting to the new technology)… more

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a three-judge… more

Judge Sleet Denies Defendants’ Motion To Transfer Venue In Patent Infringement Action

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Koniklijke Philips N.V. v. HTC Corp., Civil Action No. 15-1125-GMS (D.Del. July 18, 2017), the Court denied Defendants’ Joint Motion to Transfer Venue which sought to… more

Did you know that Form 8938 filing obligations apply to Specified Domestic Entities?

A US Person that owns US entities like corporations or partnerships that conduct cross-border business may have a Form 8938 (Statement of Specified Foreign Financial Assets) filing obligation. IRS defines Specified Individuals as..… more

[Video]FCPA Compliance Report-Episode 343, James Koukios on Morrison Foerster May Anti-Corruption Report

In this episode I visit with James Koukios, a partner at Morrison and Foerster on the firm’s newsletter, Top Ten International Anti-Corruption Developments for May 2017. Our topics include: 1. FCPA Assistant Chief BJ Stieglitz has… more

Mf Global Holdings Reinsurer’s $15 Million Bond Struck By Bankruptcy Court And Leave To Appeal Rejected By New York Federal Court

Two courts in New York recently issued decisions concerning Allied World’s ongoing coverage dispute with MF Global Holdings Ltd. over the former’s bankruptcy. As previously reported on this blog, the Bankruptcy Court for the Southern… more

House Panel Approves Sweeping Proposal On Autonomous Vehicles, Putting Innovation Above Regulation

On July 19, 2017, a U.S. House panel took a significant step to clear the way for autonomous vehicles by approving a proposal allowing automakers to deploy up to 100,000 self-driving vehicles without meeting existing safety standards… more

Is Your Company At-Risk for a Government Enforcement Action?

For some reason, I have always believed that picking successful stocks should not be very difficult. Unfortunately, my record in the stock market does not back up my self-assessment. On the other hand, when it comes to compliance… more

Disposition of U.S. Partnership Interest Will Not Result in Effectively Connected Income to Foreign Partner

What happens when a foreign individual or corporation sells an interest in a partnership that is engaged in a U.S. trade or business? The Internal Revenue Code does not directly answer this question - the answer lies at the… more

Revocation of Consent Under TCPA: Not So Fast

In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when that consent… more

Chemtrusion to Pay $145,000 to Settle EEOC Class Disability Discrimination Case

Company Screened Out Job Applicants After Medical Examinations Without Any Individualized Assessments on Fitness for Work, Federal Agency Charged - INDIANAPOLIS - Chemtrusion, Inc., a Houston-based manufacturing services company… more

Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate Off-Duty Use of Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to pass a… more

Get Off My Lawn (OK-Airspace): Legal Issues Raised By Drones Hovering Over Private Property

Hardly a week goes by that someone does not ask me “What can I do if a drone flies or hovers over my property?” or the converse, “What restrictions are there on my operation of a drone over private property?”… more

California’s Automatic Renewal Law Continues to Create Class Action Risk

A recent federal district court opinion highlights the class action risks companies selling consumer goods and services in California face from California’s Automatic Renewal Law, California Business & Professions Code §17600 (“ARL”)… more

High Court Upholds Long-Term GHG Emissions Analysis, But Warns Agencies to Keep Pace with Regulatory Advancements: Lessons from Cleveland National Forest Foundation v. SANDAG

Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 - Judicial deference to a lead agency’s determination regarding the proper greenhouse gas… more

ALJ Narrows OFCCP’s Request for Google Employee and Pay Data

Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the burden of… more

Delaware Law Updates - Delaware Supreme Court Rejects Over Expansive Application Of True-Up Provision In Purchase Agreement

Chicago Bridge & Iron Co. v. Westinghouse Elec. Co. LLC, et al., No. 573, 2016 (Del. June 28, 2017) - The Delaware Supreme Court reversed the Court of Chancery’s entry of judgment on the pleadings based on a flawed interpretation of… more

Unencrypted Backup Drive of 531 EEG Patients Lost

Baptist Medical Center South, located in Jacksonville, Florida has admitted that one of its backup drives has been missing since May 18, 2017. The unencrypted backup drive contained the protected health information of 531 patients who… more

Contractor Alert: The Importance Of Claim Certifications And Appeal Deadlines

Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim. These remedies fall under the general umbrella of the… more

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