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Federal Court Enjoins Enforcement of Key Provisions of Fair Pay and Safe Workplaces Regulations

In an order issued on Monday, Oct. 24, 2016, a U.S. District Court in Texas granted a preliminary injunction sought by a local chapter of the Associated Builders and Contractors and related parties barring, for the present, enforcement…more

FDEP Emergency Rule Expands Pollution Notifications, Creating Significant New Requirements for Facilities and Landowners in Florida

On September 26, 2016, as directed by Governor Rick Scott, Florida Department of Environmental Protection (FDEP) Secretary Jon Steverson issued an emergency rule (62ER16-01) that established new, expanded requirements for public…more

Citing Spokeo, Eleventh Circuit Rejects Class Action Over Late Mortgage Satisfaction Recordation, Holding Plaintiff Had Not Alleged Concrete Injury-In-Fact Due to Statutory Violation

The Eleventh Circuit recently held in Nicklaw v. CitiMortgage, Inc.(No. 15-14216) that a plaintiff lacks standing to sue a creditor where the plaintiff merely alleges that the creditor failed to timely record a mortgage satisfaction…more

CFPB Grabs for SEC/CFTC Turf

In May, the Consumer Financial Protection Bureau (CFPB) proposed a ban on “mandatory arbitration” contract clauses that make financial products consumers waive their right to join class actions. Broker-dealers, commodities firms…more

Asian supply chains and the territorial limits of EU competition law

A supply chain where goods, which were the subject of a cartel, were sold by the defendants in Asia and then indirectly resold to the claimants in the EEA did not amount to “implementation” of the cartel in the EEA and so fell outside…more

Fair Pay Safe Workplaces Halted But Not Dead

On October 24, on the eve of its implementation, the U.S. District Court for the Eastern District of Texas issued a nationwide order halting the implementation of the bulk of Executive Order 13673, Fair Pay Safe Workplaces, which…more

Rating Agency Developments

On October 17, 2016, DBRS issued a report entitled: CMBS North American Surveillance. Report. On October 14, 2016, Moody’s issued a report entitled: Moody’s Approach to Rating Securities Backed by Pools of Both FFELP and Private…more

Raising Red Flags: DOJ and FTC Issue Antitrust Guidance for HR Professionals

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance on Oct. 20, 2016, cautioning companies that they risk violating federal antitrust laws by entering into agreements with competitors…more

Trade Cheats Evading AD\CVD Duties Beware – Recent Developments at Customs and the GAO

AD/CV duty evasion has increased significantly in recent years, with Customs and Border Protection (“CBP”) having failed to collect $2.3 billion in such duties since 2000.[1] Examples of evasion include misrepresentation of the…more

ACS Announces 2016 Heroes of Chemistry Awardees And Honors Biofuel Project

The American Chemical Society (ACS) has announced the 2016 Heroes of Chemistry at the ACS Fall National Meeting. Of the four products showcased by the awards, Honeywell UOP’s Honeywell Green Jet Fuel™ represented the biobased…more

[Webinar] Post-Election Webinar - November 9th - 11:00a.m. EST

As the dust settles after the presidential candidates’ first debate, BakerHostetler’s Federal Policy team continues to analyze the impact of the 2016 election on federal policy issues. After all the votes are counted, please join the…more

Hillary Believes in the Patent System

Hillary Clinton has released a position paper: “Initiative on Technology and Innovation” which contains two paragraphs on actions she would promote to reduce litigation by trolls and strengthen the USPTO. She notes that the AIA…more

FAA Wants Details of Operations in Applications for Waivers and ATC Authorizations

Think your application for a Part 107 waiver is going to fly through the FAA like a drone? Think again. The FAA is throwing some cold water on these expectations. Earlier this week, the agency issued a Part 107 notice to applicants…more

European Commission TTIP Advisory Group Report Considers Financial Services Under TTIP

On October 17, 2016, the European Commission published a report documenting the meeting of the Commission’s Transatlantic Trade and Investment Partnership (TTIP) Advisory Group on September 6, 2016. Financial services are…more

IRS Announces Benefit Plan Limits and Thresholds for 2017

The Internal Revenue Service (IRS) has announced various 2017 benefit plan limits and thresholds. There are increases from 2016 in some cases, but in other instances the 2016 amounts will continue to apply. Benefit Plans…more

Compliance Bulletin and Policy Guidance 2016-02 – Service Providers: Questions and Answers

On Wednesday, October 26, 2016, the CFPB issued updated guidance on service providers, based on its previously issuance titled CFPB Bulletin 2012-03, Subject: Service Providers (“Bulletin”), that had been issued on April 13, 2012. The…more

Opportunity to Seek Duty Savings on non-U.S. Made Imports through New Miscellaneous Tariff Bill Process

A 60-day time frame for requests to suspend tariffs on qualifying imports opened on Friday, October 14 and run through Monday, December 12, 2016. During this period, requestors may submit petitions to the International Trade…more

CFPB and banking agencies begin review of bank sales practices

According to Politico, the CFPB, OCC, Fed and FDIC have launched a review of bank sales practices, with the reviews to be conducted as special reviews rather than as part of the regular examination process…more

FinCEN Issues Advisory and FAQs Regarding Reporting Cyber-Events

The Financial Crimes Enforcement Network (“FinCEN”) has issued an advisory (“Advisory”) and Frequently Asked Questions (“FAQs”) to assist financial institutions in reporting cyber-events, cyber-enabled crime, and cyber-related…more

Can You Appeal the PTAB’s Decision to Institute Review of Patent Claims on Grounds Not Raised in an IPR, PGR, or CBM Petition?

The America Invents Act provided several procedures for challenging the validity of patent claims, including inter partes review (“IPR”), post-grant review (“PGR”) and covered business method patent challenges (“CBM”). An IPR, PGR, or…more

Health Care E-Note - October 2016

Last year President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). MACRA implemented significant changes in how Medicare reimburses doctors. In this article for the Birmingham Medical News…more

Recent CyberSecurity Incidents Emphasize Importance of Cyberinsurance

As the threat of cyberattacks continues to pose daily threats to businesses large and small, more companies have turned to cyber insurance products to shore up protection against these disruptive threats. A spate of recent incidents…more

2017 Cost of Living Adjustments

The Internal Revenue Service has announced the 2017 cost of living adjustments to various limits. The adjusted amounts generally apply for plan years beginning in 2017. Some of the adjusted amounts, however, apply to calendar year…more

Department of Defense (DoD) Issues Final Rule on Safeguarding Covered Defense Information and Related Information Security Compliance Requirements

On October 21, 2016, the Department of Defense (“DoD”) issued a final rule (the “final rule”) codifying the specific actions DoD contractors and subcontractors must take to adequately safeguard “covered defense information” (“CDI”) and…more

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along…more

No Need To Leave The Light On: Motel 6 Not Required To Identify Monetary Value of Employee’s Accrued Vacation on Wage Statement

In Lidia Soto v. Motel 6 Operating, L.P., (Superior Court No. 37-2015-00017074-CI-OE-CTL), published October 20, 2016, the Court of Appeal for the Fourth Appellate District unanimously rejected an employee’s argument that her employer…more

Pondering Public Disclosure & FSMA Records

Remember last month when we said to DOCUMENT EVERYTHING under the Food Safety Modernization Act (FSMA)? Well, here’s some more context for that recommendation. For one, FSMA adds a substantial amount of documentation and…more

Higher Education Tax and Benefits Memo: Recent IRS Audit is a Reminder to Check Whether Your Employment Agreements and Appointment Letters Comply With the Applicable Tax and Benefit Requirements (10/16)

The Internal Revenue Service ("IRS") recently notified a major university that it is being audited, and as part of that audit requested copies of the employment agreements of the president of the university, the provost of the…more

FTC Issues Data Breach Response Guidance

The Federal Trade Commission (FTC) this week issued the publication, Data Breach Response: A Guide for Business, that outlines steps it recommends that businesses take when it believes it may have suffered a data breach…more

UPDATE: The FCC Approves Privacy Regulations for Internet Service Providers

Yesterday morning the FCC voted along party lines to adopt rules subjecting broadband internet service providers (ISPs) to new consumer privacy regulations. According to the FCC’s press release, the rules give “customers the tools they…more

White House Issues State Call to Action on Non-Compete Reform

This week, the Obama Administration continued its ongoing efforts to curb what it considers to be the “gross overuse” of non-compete agreements. In a “State Call to Action,” the White House encourages legislatures to adopt certain…more

Healthcare Subsidies for Grad Students: Problem Solved?

This summer we wrote about an impending issue under the Affordable Care Act (“ACA”) for colleges and universities wishing to provide graduate student employees with a stipend or reimbursement to defray the cost of medical coverage…more

Texas Judge Grants Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Orders

Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some - but not all - aspects of the…more

Chair Yang Provides Remarks at White House Event to Celebrate Hiring of 100,000 Federal Employees with Disabilities

WASHINGTON - Today, U.S. Equal Employment Opportunity Commission Chair Jenny R.Yang will speak at a White House celebration to mark the fulfillment of President Barack Obama's goal -- established in a 2010 Executive Order -- to hire…more

Judge Nathan Grants Stay Pending Appeal of PTAB’s Inter Partes Review Decisions

On October 18, District Judge Alison J. Nathan (S.D.N.Y.) granted defendants Verizon Communications Inc.’s, Verizon Services Corp.’s, Verizon Business Network Services Inc.’s, and Cellco Partnership’s (collectively, “Verizon”) motion…more

FTC Releases a Data Breach Response Guide For Business

Data breaches are fast becoming a fact of life. Experiencing a data breach is never a pleasant experience, regardless of how it happens – by accident, by criminal intent, or by system failure. Someone steals a company laptop that…more

White House Pushes for Ban on Non-Competes

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable limitations. On…more

SEC Issues Guidance on Business Continuity Planning for Registered Investment Companies

The Securities and Exchange Committee (SEC) staff published Guidance Update 2016-04, concerning business continuity plans regarding companies within a “fund complex.” By “fund complex” the staff means an affiliated group of registered…more

Federal employee has effective veto over appointment of “impartial” workplace violence investigator, as long as veto not exercised in “abusive” manner: Tribunal

A federal employee’s objection to the appointment of a workplace violence investigator was valid, the Occupational Health and Safety Tribunal Canada has decided, because the investigator was not “seen by” the employee as impartial…more

Sustainable Development Update - October 2016 #4

Sustainable Development Focus - New LEED version to spur green building - Commercial Property Executive - Oct 20 - Green energy continues to advance, with a major milestone set for November 1. That’s when the U.S…more

Judge Temporarily Blocks “Blacklisting” Rules

Large government contractors on Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s so-called “blacklisting” rules, under which covered contractors (including subcontractors)…more

Antitrust Authorities to Prosecute Criminally Anticompetitive Hiring and Compensation Agreements

The United States federal antitrust authorities announced last week that companies who have in place formal or informal hiring or compensation agreements with competitors may now face criminal prosecution. This is a notable departure…more

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and scheduled to…more

Texas Medical Board Drops its Fifth Circuit Appeal To Bar Antitrust Challenge

On October 17, 2016, the U.S. Court of Appeals for the Fifth Circuit granted the Texas Medical Board’s (“Board”) motion to voluntarily dismiss its appeal of the District Court’s decision on sovereign immunity in its latest court battle…more

California Court Finds That Violations of Privacy Law Constitute “Concrete Injury”

On October 24, 2016, the United States District Court for the Southern District of California refused to dismiss claims brought by two former inmates and their counsel regarding violations of a California privacy law. The plaintiffs…more

Advertising Law - October 2016 #4

New in False Advertising Suits: "Natural" Claims, Healthy Beverages - Demonstrating that the focus on health-related claims has not abated, two new class actions were filed challenging the "natural" labels for deli meat and claims…more

District Courts on Willful Infringement Post-Halo

In two recent decisions addressing the issue of willful infringement, the US Court of Appeals for the Federal Circuit recalled its mandate, vacated portions of earlier decisions and remanded to the district court the substantive…more

PTAB Update -- Patent Office Proposes Rule Amendment to Recognize Patent Agent-Client Privilege

When Congress created the post-issuance proceedings before the Patent Trial and Appeal Board as part of the Leahy-Smith America Invents Act ("AIA"), it did so with the recognition that they would be adjudicatory in nature. It was with…more

EEOC Urges Federal Appellate Court to Uphold NLRB’s Expansive Definition of “Joint Employer”

The U.S. Equal Employment Opportunity Commission (EEOC) recently entered the Browning-Ferris saga, filing an amicus brief in support of the new joint employer test articulated by the National Labor Relations Board (NLRB) in August…more

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