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Blog: As the Department of Education Revisits the Gainful Employment Rule California Legislators Propose a State Alternative

With continued questions about the Trump Administration’s commitment to Obama-era regulations, including the Gainful Employment (GE) Rule, one state is ready to jump into the fray and offer its own state-based alternative to the… more

Accolade Partners Closes Sixth Fund at $235 Million

Accolade Partners has announced it has raised $235 million for its sixth fund, Accolade VI. Accolade Partners, headquartered in Washington, D.C., and founded in 2000, is a venture capital and growth equity investment firm focused… more

Bipartisan Senate Regulatory Accountability Act Adds Another Important Element to Reform Efforts

On April 26, Senators Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced a bipartisan bill, the Regulatory Accountability Act of 2017 that would codify several existing Executive Orders ("EO") and impose new requirements on agency… more

First HIPAA Settlement Involving a Wireless Health Services Provider

?On April 24, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that CardioNet, Inc. (CNI) agreed to pay $2.5 million and enter into a Corrective Action Plan (CAP) to settle alleged… more

False Advertising – Class Action Defense

Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are to regular… more

Federal Contractor To Pay Nearly $1.66 Million To Settle Hiring Bias Allegations by OFCCP

A computer technology company’s recent $1.6 million settlement with the Office of Federal Contract Compliance Programs is a stark reminder that federal contractors must ensure their hiring policies do not have any unlawful… more

Earn-Outs in M&A Transactions: Red Flag Issues that Government Contractors Should Avoid

Government contractors who wish to grow by purchasing an existing business are aware of one simple truth: The value of the target is linked directly to its ability to transfer its existing contracts. If there is a high risk… more

Department Of Justice “DOJ” Issues Evaluation Of Corporate Compliance Programs

Since DOJ hired Hui Chen, its corporate compliance expert, in November 2015, rumors have circulated that DOJ intended to release a list of questions to ask every company that comes into DOJ to explain the effectiveness of its… more

New Case Lends Support to the Position that Public Universities Are Immune from False Claims Act Liability

Public universities have a new case to add to their defense arsenal should they find themselves as a defendant in a False Claims Act (FCA) case. On April 11, 2017, in United States et al v. Oregon Health and Sciences University, an… more

Deeper Dive: Be Prepared for Regulatory Investigations in the Wake of a Security Incident

Your company had a data security event. After an investigation, it was determined that notifications were required, and the incident was made public as a result. Notification letters were mailed and regulators were notified, all in… more

FCC Enforcement Monitor ~ April 2017

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: Michigan… more

UN Seeks Comments on Blockchain Technology

Following the trend of regulators across the globe, the United Nations Office for Project Services’ (“UNOPS”) issued a request for information regarding the application of blockchain technologies on April 24, 2017. The UNOPS has… more

Which Area of Law Has Justice Werdegar Written the Most Civil Majority Opinions In?

Last week, we began our statistical retrospective of Justice Kathryn M. Werdegar’s twenty-three years on the California Supreme Court. Today, we further consider Justice Werdegar’s majority opinions and dissents in civil… more

The ESAs Published a Joint Committee Report on Cross-Sector Risks Facing EU Financial System

On April 20, 2017, the Joint Committee of the European Supervisory Authorities (the “ESAs“) published its April 2017 report on risks and vulnerabilities in the EU financial system. The ESA highlights the following main risks to… more

Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

In McDermott Will & Emery LLP v. Superior Court (4/18/2017 – No. G053623), the Fourth Appellate District, in a 2-1 decision, considered two distinct issues: 1. Whether the attorney-client privilege for a confidential e-mail… more

6 Timekeeping Practices That Reduce Your Risk Of Wage-Hour Liability

Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made. (Which makes… more

Preliminary Rules Released for Minneapolis and Saint Paul Sick Leave Ordinances

The City of Minneapolis and the City of Saint Paul have issued their preliminary rules regarding their respective safe and sick leave ordinances, which are scheduled to go into effect on July 1, 2017. These preliminary rules provide… more

California’s Enforcement Chief David Fogt Is New Registrar of Contractors

The California Contractors State License Board (CSLB) recently announced that current Enforcement Chief David R. Fogt will serve as the CSLB’s new Registrar of Contractors starting May 2. This promotion makes David Fogt the first… more

Reflections on USPTO Design Day 2017: What’s Next?

Each April, the design patent community gathers at the USPTO to discuss design prosecution and protection. This year, on April 25, another sell-out crowd of over 300 people attended the 11th Annual USPTO Design Day, which is sponsored… more

EPA Pushes To Rewrite Controversial Waters Of U.S. Rule (WOTUS)

Under the new leadership taking over in the Trump Administration, the Environmental Protection Agency is acting at an unusually swift pace for a federal regulator in its effort to totally revamp the Obama EPA’s controversial Waters of… more

Philadelphia Wage History Law Subject to Temporary Court Stay

Philadelphia’s Wage History Ordinance may not go into effect as scheduled on May 23, 2017. It is subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for… more

FDA Commissioner Nominee Gottlieb Written Responses Signal Support for Food Safety and Science-Based Approach to Consumer Communications

Dr. Scott Gottlieb, recently submitted written responses to questions posed by members of the Senate Health, Education, Labor and Pensions Committee as a follow up to his hearing on April 5. As a follow up to our April 13 post, below… more

Blog: Avoiding Common Legal Issues at Coding Schools: Data Privacy and Security

The second post in the series on common legal and regulatory pitfalls that alternative education providers must proactively avoid focuses on data privacy and security. Learn more about student data privacy and best practices and… more

Supreme Court Hears Oral Argument In Significant FDCPA Case

This month, the Supreme Court heard oral argument in a case with potential to affect companies that purchase consumer debt and then collect it for their own account. The case — Henson v. Santander Consumer USA, Inc., Supreme Court… more

Alberta Court of Appeal Cracks Down on Chronic Delay, Throws Case out of Court

On April 19, 2017, the Alberta Court of Appeal (Court) released its decision in Humphreys v. Trebilcock (Humphreys), which is perhaps the most comprehensive consideration to date of whether delay in the prosecution of a plaintiff’s… more

USCIS Announces Redesign of Green Cards and Employment Authorization Documents

Beginning on May 1, 2017, USCIS will begin issuing a redesigned Permanent Resident card (green card) and Employment Authorization Document (EAD). This initiative is part of the Next Generation Secure Identification Document Project… more

Attorney General Signals Commitment to FCPA Enforcement

Attorney General Jeff Sessions has declared that enforcement of the Foreign Corrupt Practices Act (FCPA) is “critical” for the protection of honest businesses. This Trump Administration position addresses speculation and removes some… more

EPA to Host Events Soliciting Information on Regulatory Reforms

The U.S. Environmental Protection Agency (EPA) has announced that it will be hosting several events to gather input on regulatory actions that could be repealed, replaced or modified as part of EPA’s regulatory reform efforts under… more

Reasonable endeavours and whether contract requirement was ‘futile’

In Astor Management AG & anr v Atalaya Mining PLC & ors [2017] EWHC 425 (Comm) the High Court found that even arguably pointless contractual provisions must be met in the context of a condition precedent to payment of consideration… more

What Happens IF There is a Government Shutdown?

If Congress cannot pass a funding bill by April 27, 2017, only “essential” government workers will continue to work as of May 1 and immigration processes will be affected… more

Blog: Washington Updates Money Transmitter Law to Include Virtual Currency

On April 17, the state of Washington enacted a new law that, among other things, formally adds virtual currency to its money transmitter law. The new law incorporates virtual currency into the definition of money transmission. It… more

Lawsuits are the Inevitable Cost of YouTube Success

Whenever there is a report of a YouTube creator being sued for copyright infringement, the response from the creator and the community seems to be one of shock and surprise. The truth is, successful YouTube content creators should not… more

Louisiana’s Subsequent Purchaser Rule Bars Property Owner’s Claims

On April 18, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a Louisiana case that dismissed the plaintiff’s claims for property damage based on contamination caused to his property by long-term… more

Interesting Tactic in FLSA Collective Action—Pre-Litigation Settlement Talks

I have blogged so many times about Assistant Manager class actions. I never seem to get tired of it because there is a never-ending “supply” of them. Guess what. Another one. A group of employees working for AC Moore, an arts… more

Professional advisors not liable for client’s poor commercial judgment

In a landmark decision, BPE Solicitors & anr v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21, the Supreme Court provided guidance on the application and effect of the well-known, but often misunderstood, ‘SAAMCO… more

Will the New General Data Protection Regulations (“GDPR”) Be a Block in the Chain?

Yes, I know that I ooze wit, but seriously, on the 25 May 2018, the new GDPR will come into force, which replaces the current data protection regulations (irrespective of Brexit). The principle at the heart of the GDPR is that personal… more

Blog: Failure to Prevent Criminal Facilitation of Tax Evasion

The new UK “failure to prevent criminal facilitation of tax evasion” domestic and overseas offences will almost certainly become effective in or before September 2017. What does this mean for companies and firms? The offences threaten… more

Disclosure of the identity of funders and existence of ATE insurance

In The RBS Rights Issue Litigation [2017] EWHC 463 (Ch), 9 March 2017, the High Court set out important principles with respect to the circumstances in which disclosure of the identity of third-party funders and details of any ATE… more

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the Trump… more

New Details Emerge About IRS Private Debt Collection Program, as Fraudsters Continue to Impersonate IRS Collectors

The Internal Revenue Service has released additional guidance about its new and controversial “Private Debt Collection” program — which requires the use of private debt collectors to collect certain delinquent tax debts — while… more

The State AG Report Weekly Update April 27, 2017

Breaking News - Cozen O’Connor’s State AG Practice Co-Chair Lori Kalani Interviews Massachusetts Attorney General - Cozen O’Connor’s State Attorneys General Practice Co-Chair Lori Kalani recently interviewed Massachusetts AG… more

Blog: Has Demand for ESG Disclosure Reached an Inflection Point?

Do investors really care about ESG (environmental, social and governance) disclosures? Apparently they do, according to a recent survey by EY, and they even take information about ESG into account in making investment decisions. At… more

Nanosensor Manufacturing Workshop Will Be Held in June

On June 13-14, 2017, a “Nanosensor Manufacturing Workshop: Finding Better Paths to Products” will be held at the National Science Foundation in Arlington, Virginia. The Workshop supports the goals of the National Nanotechnology… more

“Business Errand” Exception to the “Going and Coming Rule” Generally Presents Question of Fact Making Summary Judgment Rare

In Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (April 13, 2017), the Fourth Appellate District was presented with another circumstance where the “business errand” exception to the going and coming rule was at issue. Plaintiff was… more

Recent laws affecting GCC companies doing business in Qatar

H.H the Emir Sheikh Tamim bin Hamad Al-Thani issued Law No.6 of 2017 amending some provisions of Law No.7 of 1987 on Regulating the Conduct of Business Activities by GCC nationals in the State of Qatar (GCC Business Activities Law)… more

Clarification Of The Extension Of Time Limits Following Early Conciliation

The effect of Acas early conciliation on extending the time limit for bringing an employment tribunal claim has been clarified by the recent decision in Fergusson v. Combat Stress (unreported). Under the relevant provisions of the… more

Global Employee Equity at a glance: United States of America

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

Energy Alert: The Court of Appeal Upholds the Redwater Decision

Field Law’s Energy Group continues to follow developments regarding the Redwater Energy case. This Energy Alert summarizes the Alberta Court of Appeal’s recent decision on the matter… more

The Role of Shareholder Activists in Scrutinizing Corporate Behavior

In the present uncertain legal and regulatory environment, the role of shareholder activists in scrutinizing corporate behavior seems to be gaining steam. See, e.g., An Activist Investment in Whole Foods Exposes Shifting Power on Wall… more

Discover (or rediscover) U.S. employment law: Your questions, our answers

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal government… more

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