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Louisiana Rejects Arbitration Clause In Contract Of Adhesion

The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d…more

A Half Salary Guide is a Whole Salary Guide: eDiscovery Trends

When it’s from Robert Half. Robert Half’s 2017 Legal Salary Guide (downloadable from here) once again features salary ranges for more than 100 positions in the legal field and provides some other interesting statistics, as well. Here…more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S. Court of…more

St. Joseph Health Settles with OCR for $2.14 Million

The Office for Civil Rights (OCR) has announced that it has entered into a settlement with St. Joseph Health, which operates hospitals and nursing homes in California, Texas and New Mexico, for $2.14 million for alleged HIPAA…more

Accurate Net Weight Disclosures May Defeat Slack-Fill Claims in California

Last April, we reported on Ebner v. Fresh, Inc., in which a Ninth Circuit panel held that the plaintiff failed to state a claim that Sugar lip balm packaging was misleading because it contained non-functional “slack-fill.” Last month…more

Federal Court Interprets New Standing Requirements Under Spokeo

The ripple effects persist as lower courts continue to apply the Supreme Court’s holding in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016), which established a new “standing,” threshold for plaintiffs seeking to assert a claim…more

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

Following CMS publishing the biggest overhaul to federal long-term care regulations in 25 years, affected facilities must take steps to ensure they are prepared for the pending changes. On Oct. 4, CMS published the lengthy Final…more

SEC Releases New Interpretations on CEO Pay Ratio Disclosure

On October 18, 2016, the staff of the Division of Corporation Finance of the Securities and Exchange Commission published five new Compliance & Disclosure Interpretations (CDIs) related to CEO pay ratio disclosures. The CDIs provide…more

The SEC Speaks: How to Identify the Median Employee for Your Pay Ratio Disclosure

The SEC’s Division of Corporation Finance posted five new Compliance and Disclosure Interpretations (C&DIs) regarding the pay ratio disclosure requirements in Item 402(u) of Regulation S-K on October 18, 2016. The “pay ratio” rule…more

Ohio Judge Upholds Federal Guidelines for Transgender Students

The landscape of transgender law impacting students is quickly evolving, in large part due to the increasing national debate over restroom access for transgender students. By way of background, under Title IX, schools receiving…more

Using corporate structures to own UK residential property – a dead end?

Historically, UK resident non-domiciled individuals have been able to achieve certain tax advantages through holding interests in UK residential property through offshore companies. In recent years, the UK government has introduced a…more

Your Daily Dose of Financial News

The weekend’s business news was dominated by the word that AT&T has agreed to buy Time Warner for $85.4 billion in the biggest yet in a series of telecomm mergers…more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Independent PAC Spending on Legislative Races Nears $500,000 - Political Action Committee and party…more

What You Need to Know About IRS Outstanding Inactive Tax Receivables

Legislation enacted in 12/15 (FAST ACT – Fixing America’s Surface Transportation Act)) required IRS to utilize private debt collection agencies to collect inactive federal tax debts. Starting SPRING 2017, IRS will use private debt…more

FAQ about Federal Acquisition Regulation (FAR) Amendment re: Non-Retaliation for Employee Disclosure of Compensation Information

Why Should I Care About this Amendment? The federal government is mandating another disclosure to your employees, and adding new language to your government contracts…more

Antitrust & Hiring: A Shock But Not A Surprise?

On October 20, 2016, the Department of Justice and Federal Trade Commission issued their joint “Antitrust Guidelines for Human Resource Professionals” (“Guidelines”), which might come as a bit of a shock to the HR world, but not to the…more

DWT Hosts Faster Payments Panel

On October 18, 2016, DWT hosted a NYPAY panel titled “What’s Next for the Networks in a World of Faster Payments?” NYPAY is a New York-based forum for the payments and mobile commerce industry. The recent panel was part of a series of…more

Proposed Regs May Limit US Estate Plan

On August 2, 2016, the US Treasury issued long-awaited pro- posed regulations under Code section 2704 that make comprehensive and very significant changes to the valuation of interests in many family-controlled entities for US estate…more

Section 385 Regulations Issued - Not as Harsh as The Proposed Regulations

Earlier this year, the IRS issued proposed regulations on the conversion of purported related party debt to equity. The IRS has now issued temporary and final regulations on the subject…more

Louisiana Statutory Penalties Imposed on Operator

If you’ve ever tried to escape penalties for the operator/producer’s failure to comply with La. R.S §30:103.1 and §103.2, take comfort in XXI Oil & Gas, LLC v. Hilcorp Energy Company. You are not alone. No excuse has satisfied the…more

Federal Court Decision Finding EPA has a Non-Discretionary Duty to Evaluate Employment Impacts under the Clean Air Act May Have Broader Application

An October 2016 federal court decision confirmed that, as a matter of law, the Environmental Protection Agency (EPA) has a non-discretionary duty to undertake an ongoing evaluation of job losses that may result from implementation or…more

STATE OF THE STATES – An Update On Intrastate Crowdfunding (October, 2016)

While I have kept both my statutory summary pages and comparative summaries relatively up to date, it has been quite a while since I have done an editorial update on Intrastate Crowdfunding. With the increased number of active…more

Electronic Visa Update System Affects Some People’s Republic of China Passport Holders

U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders carrying a 10-year visa are now required to enroll in the Electronic Visa Update System (EVUS) when…more

The SEC’s Universal Proxy Rulemaking: History & What to Expect

The SEC has announced it will consider proposed rules that permit the use of universal proxy cards in contested elections on October 26, 2016. The concept of a universal proxy has been on the periphery of the SEC’s rulemaking…more

Privacy Tip #57 – Do Those Chip Credit Cards Really Protect Me from Fraud?

There are a half a billion chip cards in the market right now. They have been touted to improve security and reduce credit card fraud. But do they? According to a new report, both Visa and MasterCard have reported that the chip…more

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

Key Energy Services, Inc., and three of its subsidiaries filed petitions for relief under chapter 11 in the Bankruptcy Court for the District of Delaware earlier this morning (Case No. 16-12306). According to the First Day…more

FTC Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often touts its…more

Risk Corridors Update: DOJ Says US Does Not Have to Pay – House Agrees

Readers of this blog may recall that on September 9, 2016, the federal Department of Health and Human Services (HHS) – through its Centers for Medicare and Medicaid Services (CMS) – announced that it is open to discussing resolution of…more

Gearing Compliance to the Tasks at Hand

I recently had the opportunity to travel to Chicago for my first SCCE Compliance and Ethics Institute (CEI), and attended a session “Keeping Compliance Simple,” which was led by Ricardo Pellafone, CEO, The Broadcat…more

U.S. Supreme Court Declines to Hear O’Bannon v. NCAA

The U.S. Supreme Court recently decided not to hear the National Collegiate Athletic Association’s (“NCAA”) appeal of the O’Bannon case, a class-action lawsuit that was filed by the former UCLA basketball star and other college…more

[Video]Employment Law This Week®: ACA Section 1557 Notice Requirements, Retaliation Under the ACA, Big Data Analytics, Sexual Orientation Discrimination

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

Mylan and the Biosimilars Council Urge Supreme Court to Overturn Amgen v. Apotex

On October 14, 2016, Mylan Pharmaceuticals and the Biosimilars Council, a subsidiary of the Generic Pharmaceuticals Association (GPhA), filed amicus briefs in support of granting review in Apotex v. Amgen, No. 16-332. As previously…more

News from Second and State

Weekly Wrap: - One week down, one to go. This was the second to last week scheduled for legislative action in 2016, and both chambers were in Harrisburg for three days of voting session. There was plenty of activity on the House…more

Blog: Solvency II: infrastructure investments & ELTIFs Implementing Regulation published in the Official Journal

On 2 April 2016, Solvency II was amended (by Commission Delegated Regulation 2016/467) to: - Include a new asset class: qualifying infrastructure investments..…more

FFIEC Issues FAQs on the Cybersecurity Assessment Tool

On October 18, 2016, the Federal Financial Institutions Examination Council (FFIEC) issued answers to frequently asked questions (FAQs) to clarify points in FFEIC’s Cybersecurity Assessment Tool (Assessment). FFIEC released the…more

Agreement on Continuing Resolution Includes $37 Million (Annualized) to Fight Opioid Epidemic

In July, after months of negotiation, Congress overwhelmingly passed compromise legislation authorizing nearly $900 million in spending to help fight the growing opioid abuse crisis. The measure, which passed the Senate 92 to 2…more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes While Striking Down Provisions Requiring Each Party to Bear Its Own Attorn

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home…more

ONC Contracting Guide Aims to Restore Balanced Bargaining Between Providers and EHR Vendors

The HHS Office of the National Coordinator for Health Information Technology (ONC) recently published a contracting Guide to assist healthcare providers when entering into electronic health record (EHR) contracts with EHR vendors…more

3 Things To Understand About Filing Bankruptcy

OK, you want to file bankruptcy. Here are three basic things you should understand about the process…more

New Florida Pollution Incident Reporting Rule

The Florida Department of Environmental Protection (DEP) recently issued as a final, effective emergency order a new pollution incident public reporting rule: 62-4.161, Florida Administrative Code. In short, the crux of the rule…more

Immigration Consequences of DUI Offenses

One of the most sacred principles of the U.S. criminal justice system holds that defendants are presumed innocent until proven guilty. This principle is not necessarily true under U.S. immigration law. A non-citizen who is simply…more

Retailer - Fall 2016

NEWS & ANALYSIS - Don’t let a “crowd crush” ruin the holiday retail season for your brick-and-mortar employees - As more consumers move to shopping online, retailers expect to lose some in-person traffic at stores this…more

EPA Opens Nominations For The 2017 Presidential Green Chemistry Challenge Awards

On October 18, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has opened nominations for the 2017 Presidential Green Chemistry Challenge Awards (PGCCA). Since 1996, these awards have honored companies and…more

Governor Scott Extends State of Emergency For Zika Virus, Providing Additional Extension Opportunity for Certain Development Approvals

This summer Governor Scott issued an emergency declaration applicable to 24 Florida Counties, due to an outbreak of the Zika virus. Florida Statute 252.363 provides an extension for permits and authorizations when the Governor declares…more

Assessment of damages under a cross-undertaking

The enforcement of a cross-undertaking in damages, provided by a claimant in order to obtain a freezing injunction against a defendant, can mean a substantial liability for a claimant. This ruling illustrates that damages under a…more

FTC Antitrust Guidance for Human Resources Professionals

On October 20, 2016, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division (together the Agencies) released Guidance for Human Resource Professionals on how antitrust laws applies to employee hiring…more

The EEOC Retaliates on Retaliation, and Employers are Caught in the Crossfire

One of the hands-down most difficult positions an employer may find itself in is the time period immediately following an employee reporting discrimination. If the employee engages in some form of conduct that is protected by a…more

Substantial Evidence Supports Determination of Reasonable Expectation of Success

In In re Efthymiopoulos, [2016-1003] (October 18, 2016) the Federal Circuit affirmed the PTAB decision that the claimed invention relating to the administration or an anti-influeza drug “by inhalation through the mouth alone” was…more

Where the 2016 Presidential Candidates Stand on Immigration

For those of you who missed the third and final Presidential debate, immigration was an important topic discussed by the 2016 Presidential candidates. Moderator Chris Wallace asked both candidates about their positions and plans…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - October 2016 - Issue 8: Luxembourg

Luxembourg VAT authorities: Circular on VAT Treatment of Director Services - The Luxembourg VAT authorities published Circular n° 781 on 30 September 2016 regarding the VAT treatment of director services and a comprehensive list…more

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