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Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”)…more

Insurance Regulators Fine Tuning Cybersecurity Guidance

You may not realize how much personal information your insurance company has about you. Scarier still is that much of this data is sensitive and valuable to hackers – such as your Social Security number, financial information, medical…more

Competition Law: U.S. DOT Issues Request for Information Regarding Potentially Unfair Business Practices

On Tuesday, October 18, 2016, the White House and the United States Department of Transportation (DOT or the “Department”) announced a suite of actions to enhance protections for consumers who travel by air. While almost all of the…more

Temporary Relief for Certain Student Health Plans Extended Indefinitely

In recently issued guidance, the U.S. Departments of Treasury, Labor, and Health and Human Services indicated that they will indefinitely extend relief to colleges and universities that subsidize the cost of individual insurance…more

What is the FTC Doing About Privacy and Drones?

Last week, as part of its Fall Technology Series, the Federal Trade Commission (“FTC”) hosted a much-anticipated workshop to explore the privacy concerns associated with drones. Although many in the audience hoped that this workshop…more

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

Increasingly aggressive and adversarial examinations by state regulators can expose insurers to troubling evidentiary issues in subsequent individual and class action litigation. Plaintiffs’ counsel may seek to admit into evidence…more

AI & The Business of Law III: The Rise of Administrative Automation

There is little doubt that technology has become a key aspect of the legal profession, critical to both the buyers and sellers of legal services. In many situations, the focus is often on the practice of law, or the business impact of…more

Countries at a Glance: Russia: Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Russian labor laws should not generally impact purchase plans so long as participation in the Plan is not considered to be a…more

HR Professionals Take Note: DOJ and FTC Issue Guidance Regarding Antitrust Laws in the Employment Context

Seyfarth Synopsis: On October 20, the DOJ and the FTC jointly issued their Antitrust Guidance for HR Professionals, stating that DOJ intends to pursue employers criminally for alleged wage fixing and no-poaching agreements. On…more

Will Your Ethics Hold Up Under Pressure?

Waiting to see if your organization’s ethical fabric is as bullet proof as you hope isn’t a great strategy - No executive wants to wake up and find themselves on the cover of the Wall Street Journal, exposed in some widespread…more

How Much Should I Expect to Pay An Investment Banker To Sell My Family-Owned Business?

In our last blog post, we highlighted the benefits of retaining an investment banker for the sale of your family-owned business. As you might expect, investment bankers do not work for free. In today’s blog post, we outline the typical…more

Avoid the Walter Principle

Since I’m a big fan of business and human interactions, I’d love to throw out another management principle I’ve thought about based on my work experience working as an employee for both third party administration firms (TPAs) and law…more

Cyber in the Board Room: Balancing Risk and Oversight

Boards of directors remain increasingly exposed to the threat of liability arising from data breaches and other cyber-incidents. Nearly a year ago, Senators Jack Reed and Susan Collins introduced the Cybersecurity Disclosure Act…more

ICYMI: Energy & Environmental News Round-Up

Oil & Gas - Lease Does Not Preclude Noise and Light Nuisance Suit from Reaching Jury - On Friday, October 14, 2016, the U.S. District Court for the Middle District of Pennsylvania allowed a Northeast Pennsylvania landowner’s…more

US Further Liberalizes Cuba Sanctions and Export Controls

On October 14, 2016, the United States announced additional measures to liberalize Cuba sanctions and export controls, effective October 17, 2016. The new measures, which are summarized below, authorize additional transactions and…more

Recently Issued Final, Temporary and Proposed Treasury Regulations Regarding the Allocation of Partnership Liabilities and Disguised Sales

On October 5, 2016, the Internal Revenue Service (“IRS”) and Treasury Department published final regulations (the "Final Regulations"), temporary regulations (the "Temporary Regulations") and new proposed regulations (the “Proposed…more

Memoradum of Servitude

The question often arises whether, in Louisiana, a party can file in the public record a “memorandum of servitude” rather than the full servitude. If the parties do that, any unrecorded provisions may not be binding on third parties…more

Bill C-25 Looks to Include Majority Voting, Diversity Disclosure Requirements in Canada Business Corporations Act

The Government of Canada recently introduced Bill C-25 (Bill), titled “An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act”. Among the…more

IRS Eases Loan and Hardship Distribution Rules for Hurricane Mathew Victims

In Announcement 2016-39 issued on October 21, 2016, the IRS follows its long-standing practice and eases application of the qualified plan loan and/or hardship rules for those who were impacted by Hurricane Mathew. For example, the…more

IRS Revenue Procedure Confirms IRS Will Respect QTIP Elections When Portability Elections Also Made

The IRS resolved an important issue when it issued Revenue Procedure 2016-49, effective September 27, 2016, clarifying that the IRS would not disregard qualified terminable interest property (QTIP) elections for estates that also made…more

Janssen v. Celltrion: Janssen Appeals Judgment Invalidating the ’471 Patent

As we previously reported, on September 26, 2016, the district court in Janssen v. Celltrion entered partial final judgment that the ’471 patent, asserted by Janssen, was invalid. Today, Janssen filed a notice that they are appealing…more

New “Smart” I-9 Form Becomes Mandatory on January 22, 2017

United States Citizenship and Immigration Services (USCIS) has announced that starting January 22, 2017, all employers in the United States will be required to use the new version of the Form I-9 exclusively to conduct employment…more

Transitioning To The New "Highly Compensated" Threshold

When the revised requirements for the federal Fair Labor Standards Act's "white collar" exemptions take effect on December 1, the total-annual-compensation threshold for the "highly compensated employee" (HCE) versions will increase…more

New York Financial Regulators Introduce Robust Cybersecurity Regulations

New York’s Department of Financial Services (“NYDFS”) recently proposed cybersecurity regulations intended to protect consumers and financial institutions from the ongoing threat of cyber-attacks. NYDFS’s proposed “Cybersecurity…more

Clouds, With A Nearly 100% Chance of a Business Associate Agreement

HHS recently posted guidance on its website addressing HIPAA’s approach to cloud computing. Basically, any time a cloud service provider has electronic protected health information (ePHI), it’s a business associate. This is true even…more

Can Forcing a Company into Bankruptcy be an Unfair or Deceptive Trade Practice?

Can a bankruptcy trustee prove a violation of N.C. Gen. Stat. § 75-1.1 based on business strategies that forced a debtor into bankruptcy? The U.S. Bankruptcy Court for the Eastern District of North Carolina recently addressed this…more

Massachusetts Environmental and Land Use Alert

Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts - The storm of debate and criticism over the terms and conditions of the U.S. Environmental Protection Agency’s (EPA) General Permit for…more

Cordray remarks/CFPB report on financial innovation and Project Catalyst include warning on limiting consumer access to financial data

In a new report, the CFPB discusses its approach to FinTech and financial innovation, its Project Catalyst initiative, and marketplace developments the CFPB views as potentially beneficial for consumers. The report, entitled “Project…more

Executive Labor Summary - September / October 2016

NEWS & ANALYSIS - Class arbitration cases continue to stack up at Supreme Court. The National Labor Relations Board on September 9 petitioned the Court for certiorari in NLRB v. Murphy Oil USA, Inc. The lower court decision, from…more

AXA Prevails at First Post-Jones v. Harris Excessive Fee Trial

In its 2010 opinion in Jones v. Harris, L.P., the United States Supreme Court embraced the so-called Gartenberg standard for assessing an investment adviser’s fiduciary liability for excessive mutual fund fees under Section 36(b) of…more

ASIC FFSP Repeal of Class Orders

Offshore providers of financial services to the Australian market should be aware that the Australian Securities & Investments Commission (ASIC) has recently repealed its relief for regulated foreign financial services providers (FFSP)…more

Post-Election "Lame Duck" Session

In the rush to head back to their districts before the November election, Congress elected to defer a number of issues to the post-election "lame duck" session. However, with the exception of appropriations, it remains difficult to…more

Kyle Bass Wins at the PTAB

On October 21, 2016, the PTAB issued two final written decisions invalidating claims of U.S. Patent No. 7,056,886 (“the ’886 patent”), covering Shire’s drug Gattex® which were challenged by Kyle Bass last year. Although Bass allegedly…more

New Delaware Chapter 11 Filings – Basic Energy Services, Inc., et al.

Basic Energy Services, Inc., and twenty-seven (27) of its subsidiaries and affiliates filed petitions for relief under chapter 11 in the Bankruptcy Court for the District of Delaware earlier this morning (Case No. 16-12320). Basic…more

What Every Client Wants, and Why Law Firms Refuse to Deliver

In the past month, I have moderated multiple in-house counsel panels (both in public forums and at private law firm retreats), interviewed more than a dozen in-house counsel and led client service workshops at law firms. In every…more

9th Cir. Upholds ESA Listing of Pacific Bearded Seals on the Basis of Climate Projections

On October 24, the U.S. Court of Appeals for the Ninth Circuit reversed the district court and upheld the determination of the National Marine Fisheries Service (NMFS). The NMFS concluded that two distinct population species of the…more

European Commission Report on Credit Rating Agencies Regulation

On October 19, 2016, the European Commission published a report (COM(2016) 664 final) responding to reporting obligations set out in Regulation 1060/2009 (CRA Regulation). The report: - Analyzes references to external credit…more

Don’t Look Back: California Restricts Use of Salary Histories

In August, we alerted you to several measures around the country that may indicate a trend towards restricting employers from seeking or relying upon applicants’ wage histories, including then-pending California Assembly Bill (“AB”)…more

Contra Non Not Applicable: Louisiana Appellate Court Refuses to Find Exception to Running of Prescription

Sophisticated plaintiffs beware. In Bayou Fleet, Inc. v. Bollinger Shipyards, Inc., et al., the Louisiana Fourth Circuit Court of Appeal concluded that contra non valentem, a judicially created exception to prescription, did not apply…more

[Webinar] Class Actions and Complex Litigation Webinar Series - Update on Systemic Discrimination Claims - November 8th, 2:00p.m. EST

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this webinar…more

The MACRA Final Rule: Key Takeaways for Health IT Vendors

The Centers for Medicare and Medicaid Services (CMS) surprised everyone with its earlier than expected release on Friday, October 14, 2016 of the MACRA final rule. Given ongoing updates from CMS, the contents were not a surprise nor…more

CFTC Extends Exemptions of RTO Energy Products to Bar Private Rights of Action

The CFTC quelled a controversy that had emerged regarding its proposed exemption of certain specified energy products transacted in Regional Transmission Organizations (RTO) by doing a “180” on its proposals that otherwise would have…more

FTC Reverses Prior Position – Buyers Must Now Count All New Debt as Part of the Transaction Size for HSR Purposes

The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger notification…more

Your Daily Dose of Financial News

The latest from the CFPB and its “Project Catalyst,” which aims to “encourage the development of innovative consumer financial products that meet regulatory requirements” [think Fintech]…more

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements Part III

On October 4, the Centers for Medicare and Medicaid Services (CMS) published the biggest overhaul to federal long-term care regulations since 1991, and impacted facilities can immediately take steps to ensure they’re prepared for…more

Discovery of Nonparty Foreign Affiliates Must Be Tempered by Proportionality

The court’s opinion affirms the principle that relevance, even in the context of a foreign affiliate, must always be tempered by considerations of proportionality, thereby providing defendants an effective argument when opposing…more

When Botnets Attack: How Hackers Shut Down the Internet

Beginning early on October 21, 2016, Dyn, a New Hampshire based internet service company, was the victim of three distributed denial of service (DDoS) attacks. The first attack began at 7am ET and was resolved within about two hours…more

DOJ and FTC Set Possible Criminal Liability Trap for HR Professionals

In an October surprise, the DOJ and FTC (collectively, the “Agencies”) released guidance for HR professionals on the application of the antitrust laws to employee hiring and compensation. The Agencies’ October 20, 2016 release…more

New Delaware Chapter 11 Filings – American Gilsonite Holding Company

American Gilsonite Holding Company—a hydrocarbon resin supplier based in Houston, Texas—and four of its affiliates have filed petitions for relief under chapter 11 in the United States Bankruptcy Court for the District of Delaware…more

Federal Circuit Confirms Cuozzo Does Not Disturb § 314(d) Bar on Appellate Review of PTAB Reconsideration of IPR Institutions

The Federal Circuit’s recent decision in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., addressed the effect of the Supreme Court’s decision in Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131 (2016), on the issue of whether…more

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