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Court Nixes Privilege Protection for Former Employee Interviews – Is This a Big Deal?: Part I

In a 4-3 vote, the Washington Supreme Court held that an institution's lawyers' communications with former employees did not deserve privilege protection. Newman v. Highland Sch. Dist., No. 90194-5, 2016 Wash. LEXIS 1135 (Wash. Oct…more

Uber Case-Status of UK Uber drivers

Background - A significant employment law issue in the UK is whether an individual has the legal status of an “employee”, rather than of a self-employed consultant; employee status giving the individual a raft of rights as well as…more

Blog: 21st Century Cures Clears Senate, President Expected to Sign into Law but Some Issues Remain

Today, the Senate voted overwhelmingly – 94-5 – to pass sweeping medical innovation legislation clearing the way for President Obama to sign it into law when it reaches his desk later this week. The 21st Century Cures Act, (Cures), a…more

EPA Issues Guidance for Testing Pesticides Aimed at Reducing Animal Testing

On November 29, 2016, the U.S. Environmental Protection Agency (EPA) announced the issuance of its new guidance for testing pesticides designed to reduce animal testing for acute dermal toxicity for pesticides, Guidance for Waiving…more

[Video]Bring Your Own Device Workplace

In this video, McNees attorney Jennifer Will discusses the “Bring Your Own Device Workplace,” and the issues that can arise for employers and workers…more

“Directors’ Decisions Must Be Reasonable, not Perfect” Home Depot’s Shareholder Derivative Litigation Arising from Data Breach Dismissed; Demand Was Not Excused Under Delaware Law

On November 30, 2016, a federal district court dismissed a shareholder derivative complaint against various current and former directors of Home Depot arising from the well-publicized data breach the company suffered between April and…more

Special Purpose National Bank Charters for FinTech Companies

On December 2, 2016, Comptroller of the Currency, Thomas J. Curry, announced that the Office of the Comptroller of the Currency would move forward with considering applications from Fintech companies to become special purpose national…more

New York Institutions: New Amendments to the Nonprofit Revitalization Act of 2013 Signed into Law by Governor Cuomo

On November 28, 2016, New York State Governor Andrew Cuomo signed legislation enacting another round of amendments to the Nonprofit Revitalization Act of 2013. The amendments should ease compliance with the NPRA’s related party…more

[Video]Everything Compliance-Episode 3

We are back to our more rounded format for this episode on a variety of topics including anti-corruption enforcement across the globe, the new French anti-corruption law, Sapin II, the Agricultural Bank of China compliance enforcement…more

Time to Shift Gears and Change the World

Imagine a world where highway traffic fatalities drop considerably, emergency vehicles get to their destination faster, vehicle emissions are low or non-existent, “road rage” is a thing of the past, and the word “idiot” is used far…more

Delaware Healthcare Industry Update

House Bill 439, sponsored by Representative Bryon Short and Senator Patricia Blevins, addresses the situation of “surprise” bills. That is, the situation when a patient seeks and receives care, and is unaware that the provider, either…more

OCC Moves Forward With Special Purpose Fintech Charter

On December 2nd at the Georgetown University Law Center Comptroller of the Currency Thomas J. Curry announced that the OCC had made the determination to consider applications for special purpose national bank charters filed by…more

EPA Announces Potential Product Categories For The Safer Choice Program

During the Safer Choice Partner and Stakeholder Summit on November 15- 16, 2016, EPA announced that new product categories were under consideration for the Safer Choice chemical program, including arts and crafts, home improvements…more

Post No Bills? Employers Have To Post Plenty!

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary: - Federal 6-in-1 Poster…more

NLRB Finds that Employer Unlawfully Refused to Bargain with Union

Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the remaining…more

ALERT: Re-docking at the Safe Harbor: US Copyright Office Requires Re-Registration for Digital Millennium Copyright Act Safe Harbor

On December 1, 2016, the US Copyright Office outlined a new online procedure for websites, hosting companies, mobile app publishers and other internet services that permit user-generated content (service providers) to designate an…more

Action is Necessary: Designate Your Copyright Agent To Ensure Your DMCA Safe Harbor Protection Continues

Under the Digital Millennium Copyright Act (“DMCA”), an online service provider (“OSP”) – such as the owner of a website that allows users to post user content – may be eligible for a safe harbor from copyright infringement liability…more

Workwise: The Time of Year for Holiday Cheer: A Few Things for Employers to Keep in Mind

With the holidays just around the corner, many employers will be celebrating the holiday season and a hard year’s work with its staff. Although this is a time for cheer, employers should also be mindful of their obligations to…more

PTAB Holds Oral Hearings In Tecfidera Patent IPR and Interference

On November 30, 2016, the USPTO Patent Trial and Appeal Board (PTAB) held oral hearings in two different inter partes proceedings involving the Biogen Tecfidera® patent with the latest expiation date. First, it heard arguments in the…more

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

As we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years. In this vein, the New…more

Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination claims…more

Facebook Fake News Problem May Impact Businesses Operating Open Web Sites

Recent criticisms lobbed at Facebook for fake news stories on its platform that allegedly tipped the election in Donald Trump’s favor may spell trouble for businesses operating open websites where users can post content. Sites that…more

U.S. Supreme Court Overturns Apple's $400M Award Against Samsung

A Unanimous U.S. Supreme Court Pulls Back the Reach of Damages Awards for Design Patents Summary The U.S. Supreme Court on Tuesday, December 6, 2016, unanimously held that damages awards for design patent infringement need not be the…more

Part 2: Implications of a Partial Obamacare Repeal

In Part I of our blog series, Very Opaque to Slightly Transparent: Shedding Light on the Future of Healthcare, we discussed what the healthcare landscape looked like before the Affordable Care Act (ACA), how the law emerged from the…more

Heirs of Nazi-Persecuted Art Dealer Alfred Flechtheim Sue Bavarian Museums

Paintings by Beckmann, Gris and Klee Valued at Nearly $20 Million That Once Belonged to Flechtheim Are at Issue in New York Lawsuit - Sullivan & Worcester LLP has filed suit against Bavaria and its state museums in U.S. District…more

Heirs of Nazi-Persecuted Art Dealer Alfred Flechtheim Sue Bavarian Museums

Paintings by Beckmann, Gris and Klee Valued at Nearly $20 Million That Once Belonged to Flechtheim Are at Issue in New York Lawsuit - Sullivan & Worcester LLP has filed suit against Bavaria and its state museums in U.S. District…more

OFSI to impose higher fines for UK sanctions breaches

In a statement published on 1 December 2016, HM Treasury's Office of Financial Sanctions Implementation ("OFSI") has confirmed that it will be able to impose higher monetary penalties for breaches of financial sanctions in the UK from…more

Supreme Court Dismantles $400M Apple Design Patent Award Against Samsung

In Samsung Electronics Co. v. Apple Inc., the Supreme Court of the United States today reversed the Federal Circuit’s decision upholding Apple Inc.’s nearly $400 million design patent award against Samsung Electronics Co., Ltd. Apple…more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013…more

The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then, employers…more

Recent Developments Following the Issuance of an Injunction Against the DOL's Implementation of New Overtime Regulations

As expected, on Thursday, December 1, 2016, the United States Department of Labor (“DOL”) filed a notice of its appeal to the United States Court of Appeals for the Fifth Circuit of a preliminary injunction blocking the DOL from…more

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits that CO2EOR…more

Supreme Court Complicates Design Patent Damage Calculation – Apple v. Samsung

On December 6, 2016, the Supreme Court issued a rare unanimous decision on the issue of damages for design patent infringement that continues the Apple v. Samsung smartphone legal odyssey. It also marks only the second time in over 100…more

Supreme Court in Salman Says: “This One Is Easy,” Reaffirming Dirks and Rejecting Newman

The United States Supreme Court (Alito, J.) issued a unanimous decision today affirming the Ninth Circuit’s decision in Salman v. United States, an insider trading case concerning tippee liability. The Court held that the personal…more

New Guidance on National Origin Discrimination

For the first time since 2002, the Equal Employment Opportunity Commission (EEOC) has updated its guidance on national origin discrimination in the workplace in an effort to address important legal developments over the past 14…more

Programs to bring investment capital to rural communities

The United States Department of Agriculture (“USDA”) offers a variety of loan programs designed to spur investment in rural communities located throughout the United States of America. These loans are available to governments…more

Supreme Court Upholds Insider Trading Prosecutions on Mere Disclosure to Friends and Family

In a much-anticipated ruling on insider trading, the Supreme Court held today, in Salman v. United States, that the disclosure of inside information by a corporate insider (tipper) to a “trading relative” (a tippee) constitutes a…more

NC Legislative Update: December 2016

A lot has happened since the November 8th election in North Carolina. In the 28 days since the election: a federal court ruled that the General Assembly must redraw its districts by March 15th and hold a special election in 2017; oral…more

Supreme Court Rules Against Apple in Design Patent Case with Samsung, Remands to Federal Circuit to Formulate Test for Identifying Relevant “Article of Manufacture”

Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that product…more

A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers…more

What You Need to Know Before Considering Selling Your Craft Brewery to a Macrobrewer or a Private Equity Firm

Recently, there have been a number of sales of well-known and well-respected craft breweries to the major beer producers. In addition, there have been a smaller number of sales of craft breweries to private equity investors. Is one…more

Supreme Court Weighs In On Insider Trading Law – Finds Giving Gifts Can Be Its Own Reward

In its decision issued yesterday in Salman v. United States, 580 U.S. __ (2016), the United States Supreme Court unanimously affirmed a criminal insider trading conviction even though there was no evidence that the tipper received any…more

In Salman v. United States, Supreme Court Holds that the Government Need Not Prove that an Insider Received a Pecuniary Benefit in Exchange for Tipping Inside Information

On December 6, 2016, the Supreme Court issued a unanimous decision in Salman v. United States, holding that a tipper’s gift of confidential, inside information to a trading relative constituted a sufficient personal benefit to support…more

Expanding Capacity for Health Outcomes (ECHO) Act Requires Exploration of Digital Health Opportunities

On December 6, 2016, the US House of Representatives passed the Expanding Capacity for Health Outcomes Act (S. 2873) (the ECHO Act), which was unanimously passed by the US Senate on November 29, 2016. The ECHO Act seeks to expand the…more

With the U.K.’s Announcement, the European Unified Patent Court Moves Toward Realization

On November 28, 2016, Baroness Neville Rolfe, the United Kingdom Minister of State for Intellectual Property, announced that the U.K. would ratify the Unified Patent Court Agreement (UPCA), paving the way for the European Unified…more

Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces

Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior Courts…more

Putting the “voluntary” back into voluntary planning agreements? What the proposed reforms to VPAs mean for developers.

Earlier this month the Planning Minister, Rob Stokes, issued a press release promising reform of the VPA system to ensure greater transparency and tighter controls on the use of VPAs. On the same day, a draft Ministerial Direction, a…more

Health Alert (Australia) December 5, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 1 December 2016 - Ms Robin Hansen v Calvary Health Care Adelaide Limited [2016] FWCFB 8162 -…more

Supreme Court to Hear Church Plan Litigation

On December 2, 2016, the Supreme Court of the United States granted the petitions for writs of certiorari to Advocate Health Care, et al. v. Stapleton, Maria, et al., St. Peter’s Healthcare, et al. v. Kaplan, Laurence and Dignity…more

President-elect Trump Nominates Representative Tom Price, M.D. as HHS Secretary and Seema Verma as CMS Administrator

President-elect Trump stated that Rep. Price, an orthopedic surgeon, six-term Member of Congress, and Chairman of the Budget Committee, “has earned a reputation for being a tireless problem solver and the go-to expert on healthcare…more

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