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FTC to Collect and Analyze Class Settlement Data

On Nov. 14, 2016, the Federal Trade Commission (FTC) announced it issued orders to eight unidentified claims administrators, requiring them to divulge information on class settlement notification procedures and the response rates for…more

The Presidential Election: Trying to Become Comfortable in an Uncertain Time

Saturday Night Live has been a mainstay of my television diet since my teenage years in the early 1980s. Shortly after the election, SNL featured Alec Baldwin portraying Donald Trump in a skit about Mr. Trump's transition from sales…more

Deciphering Florida’s New Laws on ARNP and PA Controlled Substance Prescribing

During the 2016 legislative session, Florida granted authority to both advanced registered nurse practitioners (ARNPs) and physician assistants (PAs) to prescribe controlled substances, subject to approval by their supervising…more

Litigating a Lease Audit

Considering that lease audits are a fact of life in the world of commercial real estate, it only makes sense to prepare for one well before it occurs. When negotiation a lease, both the landlord and tenant should be mindful of how they…more

Managing Risks in the Software Audit Process

Robert Scott, Managing Partner of technology law firm Scott & Scott, LLP, shares ideas on how companies can manage risks in the software audit process…more

Supreme Court Holds That Violations of the False Claims Act’s Seal Requirements Do Not Require Automatic Dismissal

On December 6, 2016, the Supreme Court of the United States ruled unanimously in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby that violations of the False Claims Act’s (FCA) seal requirement do not require dismissal…more

The Evolving Landscape of the TCPA

On October 20, 2016, the United States Court of Appeals for the District of Columbia Circuit heard the much-anticipated oral arguments in ACA International, et al. v. Federal Communications Commission, No. 15-1211 (ACA Lawsuit). The…more

Acting the Part: Ontario Court of Appeal Clarifies Use of Future Conduct in Contractual Interpretation

On December 2, 2016, the Ontario Court of Appeal (Court) provided new guidance on the principles of contractual interpretation in the wake of the Supreme Court of Canada’s 2014 decision in Sattva Capital Corp. v. Creston Moly Corp…more

How Does the CFPB View Private Label Servicing?

As mortgage servicing compliance costs have risen year over year, lenders have looked for a way to decrease costs while retaining their customer visibility and brand awareness. In response to this demand, private label servicing has…more

Benefits and Challenges to Leasing to Luxury Tenants

Rather than creating a traditional shopping experience, more and more developers today focus on creating dynamic, unique, and “out-of-the-box” destinations by leasing to “high-end” or “luxury” tenants. Landlords seek out luxury and…more

CFPB's First Project Catalyst Innovation Report Addresses FinTech Regulation

In October, the CFPB issued its first ever Project Catalyst Innovation Report highlighting "innovation insights" by FinTech companies in multiple areas. The CFPB launched the Project Catalyst initiative in November 2012 with the…more

Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this posting…more

CMS Re-Finalizes Stark Law Limitations for Per-Click Rental Charges

As part of its November 15, 2016, Calendar Year 2017 Physician Fee Schedule final rule, the Centers for Medicare and Medicaid Services (CMS) updated and clarified its ban on the use of per-unit of service (i.e., “per-click”) rental…more

9th Circuit Rejects NEPA Challenges To Planned 1.9-Mile Underground Light Rail Extension Project in Downtown LA

On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government defendants…more

Supreme Court Holds That a Gift of Confidential Information Supports Insider Trading Conviction

In a highly anticipated decision, the Supreme Court yesterday upheld a man’s conviction for insider trading based on a tip provided by his brother-in-law and rejected his contention that, in order to convict him, the government needed…more

What Landlords and Property Managers Need to Know About the Americans with Disabilities Act

In recent years, there has been a proliferation of “drive-by lawsuits” involving the Americans with Disabilities Act (“ADA”). Such actions typically involve a plaintiff’s lawyer cruising around town with a disabled individual in search…more

Claims That Controlling Stockholder Received Unique Benefits Dismissed

In GAMCO Asset Management v. iHeartMedia, Delaware's Court of Chancery considered claims that a controlling stockholder's liquidity needs created conflicts in otherwise arm's-length transactions with third parties. As demonstrated in…more

Does Dakota Access Pipeline Decision Foreshadow Action in Michigan?

In light of successful lobbying relating to the Dakota Access Pipeline, activists may now focus on closing or rerouting the aging Line 5 pipeline connecting the Upper and Lower Peninsulas. There has been a tremendous amount of…more

States Continue Trend to Legalize Marijuana

During this recent election season, in addition to choosing the next President of the United States, voters in many states had a hand in dictating the future of legal marijuana use in this country. Previously, only Colorado…more

FCC Grants States Extra Time to Implement Lifeline Rules

On December 1, 2016, the day before new eligibility and port freeze rules imposed by the 2016 Lifeline Modernization Order on Lifeline-supported broadband services were to take effect, the FCC granted in part the petitions of eight…more

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

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What might a financial "Fresh Start" mean to you? Do you know that Congress passed the Bankruptcy laws to give you that Fresh Start? Do you know how to determine if this is for you? Do you know that…

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