Latest Updates

DHS Uses the Power of Policy to Alter Immigration Without Legislation

Efforts to reform our nation’s immigration system through legislation are frequently contentious and can become embroiled in larger legislative debates that make the passage of a bill into law a complicated process and, often, an… more

Challenges for Establishing Businesses South of the Border

Mexico is already a large player in the world economy, and it’s economic might is growing. Many manufacturers in Europe and the U.S. already have or are considering operations there, especially original equipment manufacturers (OEMs)… more

International Swaps and Derivatives Association Publishes Recommendations for a CCP Recovery and Resolution Framework

The ISDA's paper focuses on CCPs that clear derivatives, although many of its recommendations will be relevant to clearing houses that clear other instruments. It is intended to build on the guidance from CPMI-IOSCO and the FSB. The… more

The Halliburton FCPA Enforcement Action - Lessons for Chief Compliance Officers on Internal Controls Failures

One takeaway of the Halliburton-Sonangol FCPA enforcement action? Trust but verify… more

House Prioritizes Housing Finance Reform

On October 3, 2017, the U.S. House of Representatives’ Financial Services Committee conducted a hearing on possible housing finance reform measures titled “Sustainable Housing Finance: An Update from the Director of the Federal Housing… more

California Expands Parental Leave to Smaller Businesses

Businesses that employ at least 20 people should take practical steps to comply with the New Parent Leave Act. Key Points: - The New Parent Leave Act significantly expands required parental leave, which previously only applied to… more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back Ezekiel… more

Massachusetts DPH Clears the Air for For-Profit Conversion of Medical Marijuana Dispensaries

The Massachusetts Department of Public Health (DPH) has provided a much anticipated pathway to enable for-profit entities to operate Registered Marijuana Dispensaries (RMDs). DPH’s Medical Use of Marijuana Program (the “RMD Program”)… more

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context of… more

Effective Cause Marketing: Ways to Ensure Your Good Deeds Go Unpunished

Collaborations between charitable organizations and for-profit businesses to simultaneously promote a cause and raise funds for the charity have been demonstrably successful and are occurring with increasing frequency. When embarking… more

Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the parties’ date of… more

ITC Denies Request to Modify Protective Order

In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings… more

Quarterly Investment Update - 3rd Quarter 2017

Stock Market Commentary - The third quarter of 2017 brought the devastation of multiple hurricanes, escalating tensions with North Korea, the Equifax breach and more White House drama. Yet, investors focused on positive economic and… more

California Governor Signs Law Banning Salary History Inquiries

On October 12, 2017, Governor Jerry Brown signed AB 168, prohibiting California employers from asking job applicants about their salary histories. This new law thrusts California yet again into the forefront of jurisdictions… more

Issues to Consider in Rights of First Refusal

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be..… more

Accommodations Beyond ADA Requirements Can Backfire on Employers

The Americans with Disabilities Act does not require employers to always allow disabled people to return to the job. In order to claim protection under the law, the disabled employee must show that he or she can perform the job’s… more

U.S. watchdogs tally $1.5 billion cost for one type of defective medical device

Big medical device makers, like Big Pharma, have complained Big medical device makers, like Big Pharma, have complained relentlessly that Uncle Sam hamstrings them with red tape and bureaucracy that slows or prevents innovative, life… more

Weekly Update Newsletter - October 2017

SMALL BUSINESS ADMINISTRATION - Women-Owned Small Business Federal Contract Program NAICS Code Updates - The U.S. Small Business Administration (“SBA”) has updated the North American Industry Classification System (“NAICS”) codes… more

Patents as a Technology and Marketing Resource

Several types of patent searches are known for identifying patents and published patent applications of potential interest. One type of search, often called a novelty search, is employed to identify prior issued patents and published… more

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring… more

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the kind of… more

Highlights from the 2017 VCU Real Estate Trends Conference in Richmond, Virginia

Sands Anderson’s Commercial Real Estate Law practice group was again pleased to participate in the annual VCU Real Estate Trends Conference in Richmond, Virginia. The conference continues to cement its position as one of the leading… more

Draft 2018 Assessment Methodology: Arkansas Department of Environmental Quality Solicits Comments

The Arkansas Department of Environmental Quality (“ADEQ”) announced the availability of the Draft 2018 Assessment Methodology (“Methodology”). ADEQ is providing a 30 day public comment… more

China's New Cybersecurity Law Brings Enforcement Crackdown

The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the ability to… more

California Enacts Bill on Drug Pricing Transparency

On October 9, 2017, California Governor Jerry Brown (D) signed into law what may be the most comprehensive prescription drug pricing transparency bill in the country. The bill, SB-17, is intended to foster transparency in connection… more

FTC’s “Stick With Security” #4: Store Sensitive Information Securely & Protect It During Transmission

On August 18, 2017, the FTC released its fourth “Stick with Security” principle, which explained the importance of keeping confidential data only when needed, and securely storing the data when it must be kept. To that end, an… more

Treasury Issues Report and Recommendations on Capital Markets

On October 6, 2017, the US Department of the Treasury released a 220-page report on reforming the US regulatory system for the capital markets (Capital Markets Report). The Capital Markets Report includes 91 recommendations directed at… more

OFCCP Issues Compliance Relief to Federal Contractors in Wake of Devastating Hurricanes

In the wake of the devastating series of hurricanes throughout the United States, the Office of Federal Contractor Compliance Programs (“OFCCP”) has provided compliance exemptions to federal contractors providing hurricane relief… more

In Case You Missed It: Launch Links - October, 2017 #2

Some interesting links we found across the web this week: 10 Business Podcasts Every Entrepreneur Should Be Tuning Into Here are 10 podcasts Forbes recommends for small businesses… more

Former Rutgers Player Sues Alma Mater Over Nickname

Moving along from Steve’s post on our alma mater of the University of Iowa, a former Rutgers football player has a more negative view of his former school. A few years ago, the Rutgers football program started allowing position groups… more

Arkansas Environmental Federation Health & Safety Seminar: Little Rock, Arkansas – November 2nd

The Arkansas Environmental Federation (“AEF”) will hold a Health and Safety Seminar (“Seminar”) on November 2nd in Little Rock, Arkansas… more

California Bans Salary History Inquiries

California has joined a growing list of jurisdictions, including New York City, Massachusetts, Delaware and Oregon, among others, banning salary history inquiries from job applicants. Governor Brown signed the law into effect last week… more

Clear Notice of Alteration of the Attorney-Client Relationship

In Thomas Cesso v. Gary Owen Todd, Massachusetts Appeals Court 16-9-76 (August 28, 2017), the Massachusetts Appeals Court held that filing a notice of withdrawal does not necessarily terminate the attorney-client relationship… more

Tips For Drafting Employee Handbooks - Tip #1: Determining the Appropriate Scope and Length

While an employee handbook serves many functions, its primary purpose from a legal standpoint is to reduce potential liability with respect to claims brought by current and former employees. Unfortunately, many employers are unwilling… more

Drones Over Europe: A Regulatory Overview

The Situation: Interest in drone technology continues to grow across Europe… more

OTA & Travel Distribution Update - Oct. 6th, 2017

This week’s short OTA Update for the week ending Friday, October 6 is below. Distribution, loyalty and short-term rentals are featured in this week’s Update..… more

California Extends Parental Leave to Employees of Smaller Companies

Senate Bill 63 significantly expands job-protected leave for millions of Californians. The new law allows employees who work for a company with 20 or more employees within a 75-mile radius to take up to 12 weeks of leave to care for a… more

SEC Proposes to Modernize Certain Disclosure Requirements

On October 11, 2017, the U.S. Securities and Exchange Commission (SEC) voted unanimously to propose changes that would modernize and simplify the disclosure items in Regulation S-K and related rules and forms. The proposed changes… more

Restructuring and Insolvency Bulletin Issue 2 - 2017: U.S. Court recognizes a Russian bankruptcy case

The Bankruptcy Court of the Southern District of New York recently addressed objections to the recognition of a Russian bankruptcy case as a foreign main case under Chapter 15 of the U.S. Bankruptcy Code and to the recognition of the… more

CFPB Issues Final Rules on Payday and Vehicle Title Loans—Little Impact for Auto Lenders

The Consumer Financial Protection Bureau (CFPB) issued its final rule on payday, vehicle title, and certain high-cost installment loans. The new rule is effective in 2019 and imposes stringent underwriting requirements and payment… more

Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve web pages… more

Shipping finance: recent French law legal updates

There have recently been significant developments in French maritime law, which will be of interest to all professionals involved in the maritime sector, and which aim to make the French maritime flag more attractive… more

California Expands Parental Leave Protections

California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, which is set to take effect on January 1… more

Do Employers Need to Pay for Short Rest Breaks?

As longtime readers of this blog know, there are some common myths regarding wage and hour issues. One of the most prevalent of these concerns rest breaks. Although many people think that workers are entitled by law to mandatory rest… more

Disproportionate Share Hospital Payments: A Minibus Rider

As a part of our ongoing blog series we have provided details on the structure, funding, and outlook of several expiring health care provisions, that we’ve referred to as the health care minibus. The minibus includes all of the health… more

California Just Banned the Box!

On October 14, Governor Brown signed AB 1008 to prohibit most public and private employers with five or more employees from asking applicants about criminal conviction histories until after a conditional offer of employment has been… more

Air Enforcement: Arkansas Department of Environmental Quality and Arkadelphia, Arkansas Asphalt Roofing Manufacturing Facility Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) and Siplast, Inc. (“SI”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-077. SI is stated… more

DOT Seeks Ideas for Reducing the Burden of Transportation Regulations

The U.S. Department of Transportation ("DOT") announced this week that it is seeking public comment "on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification" as part of… more

New California Law Prohibits Inquiries Regarding Applicants’ Salary History

• New California law prohibits employers from seeking or relying on applicants’ salary history information when making hiring and compensation decisions. • The law also requires an employer to provide the pay scale for a position… more

SEC Issues Proposed Rules to Modernize and Simplify Regulation S-K

The SEC has proposed amendments to Regulation S-K and related rules and forms. The proposed amendments are based on SEC staff recommendations in a report that was required by Section 72003 of the Fixing America’s Surface Transportation… more

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