Latest Updates

New York Institutes New Medicaid Drug Price Control Measures

State Budget Includes Medicaid Drug Expenditure Cap - On April 20, 2017, New York Governor Andrew Cuomo signed into law certain cost-control measures that attempt to cap the state’s Medicaid drug spending, making New York the first… more

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump Administration Stalls

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA requires… more

Healthcare & Life Sciences Private Equity Deal Tracker: Warburg Pincus to Acquire CityMD

Warburg Pincus has announced it will acquire CityMD. CityMD, founded in 2010, is an urgent care provider with more than 68 locations in the greater New York metropolitan area and Seattle… more

Financial parameters of auctions for renewable energy sources

On 3 April 2017 two regulations were published in the Journal of Laws which set out the financial parameters of auctions for renewable energy sources (“RES”) that will be held in 2017. The government is planning to spend more than PLN… more

FINRA Observes Second Anniversary of Its Senior Helpline

On April 21, 2017, FINRA issued a press release marking the second anniversary of its Securities Helpline for Seniors… more

Guaranteed to Blow Your Mind

We have posted previously about the case of EMI Group Ltd v O&H Q1 Ltd, in which the court was asked to decide whether a tenant can assign its tenancy to its guarantor. In this case, EMI Group were the guarantor of original tenant… more

Wisconsin Releases Draft Waiver Amendment Proposing New Eligibility Requirements

On April 19, 2017, Wisconsin released for public comment a proposed amendment to its BadgerCare Reform Section 1115 demonstration. BadgerCare Reform currently provides coverage to approximately 150,000 childless adults ages 19 to 64… more

Regular CFPB Service Provider Examinations Have Begun; More Service Providers to Face Examinations

At the program held on April 7 titled “The State of Consumer Protection Initiatives” at the American Bar Association Business Law Section Consumer Financial Services Committee 2017 Spring Meeting, Peggy Twohig, the CFPB’s Assistant… more

Some Thoughts on Advertising and Fair Housing

Advertising your property is a good way to get apartments filled. But marketing a community can create a handful of fair housing challenges concerning the use of advertising. First, remember that advertising is covered under the Fair… more

FTC Trains Its Sights on Social Media Influencers

For the first time, the Federal Trade Commission (the “FTC” or “Commission”) has contacted, and questioned the product endorsement practices of, dozens of social media influencers – individuals who are powerful, popular and relevant… more

Corporate and Financial Weekly Digest - Volume XII, Issue 15

CFTC - CFTC Extends Previously Granted No-Action Relief for Swap Dealers Complying With EU Requirements - On April 18, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO)… more

Five Pitfalls of Cybersecurity Insurance: Lessons from the United States

Given the increasing threat of cyberattacks and the corresponding costs, businesses are increasingly considering cybersecurity insurance. But insurance is only as effective as the scope of the coverage. Though Canadian courts have not… more

If Pain, Yes Gain—Part XXVIII: Cook County Releases Draft Sick Leave Regulations

Seyfarth Synopsis: As the Cook County Earned Sick Leave Ordinance’s July 1, 2017 effective date nears, the County has released draft regulations seeking to clarify and expand certain aspects of the Ordinance, including the complex… more

Federal Trade Commission Reminder about Advertising Disclosures

In mid-April, the Federal Trade Commission (FTC) sent out 90 letters to advertisers, celebrity endorsers and influencers who use their fame and the power of digital advertising to help promote products. The facts in each letter vary… more

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman!… more

Is your letter of intent a patchwork of provisions?

Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, commercial necessity often requires parties to start the works before finalising the contract… more

Ali v. Carnegie Institution of Washington (Fed. Cir. 2017)

It has been the experience of more than a few first-year law students taking Civil Procedure I that the only correct answer to a complex procedural problem is that there is no way for a plaintiff to bring suit. The student usually… more

California Environmental Law & Policy Update - April 2017 #3

Environmental and Policy Focus - EPA emerges as major target after Trump solicits policy advice from industry - Washington Post - Apr 16 - Just days after taking office, President Trump invited American manufacturers to… more

Office of Management and Budget Offers Guidance on Executive Order Aimed at Reducing Regulation

On April 5, 2017, the Office of Management and Budget (OMB) issued a memorandum that outlines the proper procedures for agencies to comply with Executive Order (EO) 13771. EO 13771 was issued on January 30, 2017 with goals of reducing… more

Smoke Screens & Side Shows

We confess, we can’t think of any good reason for admitting evidence concerning product risks that the plaintiff in a particular case never actually encountered – yet plaintiffs try it with a straight face all the time. It’s another… more

Shoreham is Catching Rays in Move from Mulligans to Megawatts

This month, U.S.-based energy giant Invenergy expects to break ground on New York’s second largest solar farm project at the former Tallgrass golf course in Shoreham. A leader in wind and solar development, energy storage and natural… more

Congress returns with Trump pressing anew for ACA repeal/replace, but with what?

Welcome back, Republicans in Congress. When you went home for spring break, constituents made raucous complaints, if you held town halls, about the GOP’s failure to repeal and replace the Affordable Care Act, aka Obamacare. The party’s… more

Supreme Court Update: Expressions Hair Design V. Schneiderman (15-1391); Moore V. Texas (15-797; Goodyear Tire & Rubber Co. V. Haeger (15-1406) And Mclane, Inc. V. EEOC (15-1248)

The Eight are Nine again. After over a year of operating short-handed, the Court is finally at full strength, as Justice Neil Gorsuch joined his colleagues on the bench this week to hear arguments for the first time… more

The trials and tribulations of the NJSPCA

As recently reported, the NJSPCA has hefty legal fees, averaging nearly a quarter of a million dollars a year, as reported by Kane In Your Corner: NJSPCA refusing to show invoices for legal fees. But, following an OPRA request for… more

PCAOB White Paper on Emerging Growth Companies

In March 2017, the Public Company Accounting Oversight Board, or PCAOB, released a white paper detailing certain characteristics and trends of emerging growth companies, or EGCs, based on its review of available data through November… more

E-Cigarettes, Distracted Driving, and Car Accidents

There are many forms of distracted driving (texting and driving being one that we are constantly discussing, due to its seriousness) and recently, another one was added to the list: e-cig’ing and driving. While it is not against the… more

CA CCP 2025.510(a) Court Reporters Transcribe Depositions

Last month I was a court reporter for an all-day deposition. At the end of the day, as I was packing up, I overheard an attorney mention the case might settle. In an effort to do the right thing, I offered to hold my notes and not… more

IRS Releases Updated Automatic Changes in Methods of Accounting List

On April 19, 2017, the Internal Revenue Service (IRS) released Rev. Proc. 2017-30, 2017-17 I.R.B. 1, which provides an updated list of automatic changes in methods of accounting. As was the case with its predecessor, Rev. Proc… more

The Expert Report: Key Considerations

Product liability cases often present challenging and complex issues which require the use of experts. If you are litigating in federal court, any expert you designate will be required to provide a written report… more

New Jersey Policy = Do Not Let ICE In

As a result of the increased enforcement of immigration laws, ICE agents have taken to showing up at courthouses in areas with large immigrant communities..… more

Ninth Circuit rejects interlocutory appeal in CFPB lawsuit against CashCall

On April 20, the United States Court of Appeals for the Ninth Circuit declined to hear an interlocutory appeal  by CashCall of the district court’s order granting the CFPB’s partial summary judgment motion and denying CashCall’s… more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures Expose Institutions to Liability Under Title IX

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to take… more

CAS Legal Mailbag Question of the Week – April, 2017 #2

Dear Legal Mailbag: I am the advisor for our school newspaper and the student editor-in-chief is a pain in the a**...oops, I mean an impressive young man. When I tell him to do something, he takes it as an opening proposal in a… more

Renewable Energy Update - April 2017 #3

Renewable Energy Focus - Perry orders Energy Department study of electric grid - The Hill - Apr 17 - Energy Secretary Rick Perry has ordered a departmental review of the electricity grid, targeting federal regulations and… more

App Privacy Litigation Settles For $5.3 Million

Several major app developers, including Twitter, Facebook, Instagram, and Yelp, settled a putative class action pending in California federal court last week. The app companies have agreed to pay a consolidated $5.3 million to resolve… more

Will New Spanish Dividend Rules Cause Pain for Private Equity in Spain?

Recently effected reforms to Spanish dividend protections for minority shareholders should cause European dealmakers to review deal terms more closely in 2017. Outright acquisition of businesses is unusual in Spain, 83% of Spanish… more

Projects and Energy Weekly Snippets

Power utility Eskom will seek waivers on nuclear rules - Eskom will apply to the Treasury for a series of waivers and exemptions from procurement regulations as it forges ahead with its plan to build a fleet of six to eight… more

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in its Website’s Terms of Service

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook account… more

Fantasy Golf: A Hole in One

The Masters golf tournament had quite an exciting finish this year and it also was a successful tournament for Daily Fantasy Sports (DFS) operators. As reported by Dustin Gouker: “The Masters marked the unofficial start to the daily… more

Deliverance: Legal Issues Still Surrounding Prince’s Music

This week provided yet another reminder to entertainment law practitioners that there is still plenty of work to do even after your clients pass away. On Wednesday, April 19th, 2017 the U.S. District Court in Minnesota issued a… more

In Case You Missed It: Launch Links - April, 2017 #3

Some interesting links we found across the web this week: VC Funding for UK Remained Steady in Q1 Despite Brexit - Startups received strong venture capital backing during Q1 in face of Brexit… more

The FCPA at 40 – Evolution in the Fight Against Bribery and Corruption

In two speeches last week Department of Justice (DOJ) Acting Principal Assistant Attorney General Trevor McFadden addressed multiple topics and issues around the Foreign Corrupt Practices Act (FCPA). The first set of remarks were made… more

Legislative Update: State Biosimilar Substitution Laws

More states continue to enact laws regarding the substitution of biosimilars for prescribed biological products. We have previously reported on the enactment of such laws in New Jersey, Arizona, Missouri, Oregon and Pennsylvania… more

Saved By The Bellwether Trial in the Ninth Circuit

Removal under the “mass action” provision of the Class Action Fairness Act (CAFA) is appropriate when 100 or more plaintiffs take the affirmative step of proposing to try their claims jointly and the claims involve common issues of law… more

Maryland on Track to Join Growing Trend of Paid Sick Leave

On April 5, 2017, the Maryland General Assembly passed a paid sick leave bill – the Maryland Healthy Working Families Act (the “Act”) – that is now waiting for Republican Governor Larry Hogan’s approval. Governor Hogan has opposed the… more

Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has held. In… more

Saudi National Renewable Energy Program Round 1 — “Scaling Up”

Energy powerhouse Saudi Arabia launches global stimulus for the renewables sector, creating new opportunities for sponsors and lenders. The Saudi Arabia Renewable Energy Investment Forum (SARIEF)1 took place in Riyadh this week on… more

Employment News - April 2017 #3

Taking the long view – potential nine month restriction for broker upheld - In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite arguments about… more

New Administration At EPA To Reconsider Several Issues

The new administration at the Environmental Protection Action has taken these actions: - Reconsidering the New Methane Rules. On June 3, 2016, pursuant to the Clean Air Act (CAA), EPA promulgated amendments to the existing… more

IRS Announces Disagreement with Ninth Circuit’s Holding on Completed Contract Method of Accounting

The IRS recently announced its disagreement with the Ninth Circuit’s ruling that, with respect to planned communities, the 95% test under the completed contract method of accounting applies on a development-wide basis rather than a… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

In 1974, three of Portland's best known business lawyers, Moe Tonkon, Morris Galen and Fred Torp came together to create a new, nine lawyer firm. Today Tonkon Torp is one of the largest firms…

[ About | Legal Updates ]

Watch This

Feedback? Tell us what you think of the new jdsupra.com!