Latest Updates

Am I Being Clear Enough? – PTAB Reaffirms Lower Pre-Issuance Threshold for Indefiniteness in Ex Parte McAward

On August 25, 2017, the Patent Trial and Appeal Board issued a precedential opinion in Ex Parte McAward, reaffirming the Patent Office’s use of a lower pre-issuance threshold for indefiniteness distinct from the Supreme Court’s… more

A Guide To The Executive Branch Official Nomination Process

Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those… more

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel Interest… more

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC charge, the… more

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur without… more

Seventh Circuit Holds Footlong Settlement Falls Short

The Seventh Circuit’s rejection of a class action settlement in a case alleging consumer fraud against Subway for allegedly “shorting” customers of its Footlong sandwiches illustrates the pitfalls of settlements that provide only… more

Sands Anderson Report on Toys 'R' Us First Day Hearing in Bankruptcy Filings

Toys ‘R’ Us, Inc. and its affiliates have filed for chapter 11 bankruptcy in the United States Bankruptcy Court, Eastern District of Virginia, Richmond Division. Sands Anderson’s attorneys attended today’s “First Day” hearings held… more

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

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from a man… more

UK Defamation: when words seriously harm

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be… more

A Category 5 Compliance Problem: Hurricane Irma Gives Providers a Stark Reminder of Emergency Preparedness Realities

The havoc that Hurricane Irma caused in the Caribbean and most of Florida reminds us of the Centers for Medicare and Medicaid Services (CMS) requirements for emergency preparedness, which take effect November 15… more

Does investing in a PFIC make sense given FATCA reporting?

Since FATCA’s implementation in 2010, investing in a Passive Foreign Investment Company (PFIC) is a questionable decision. PFICs are reportable investments and their tax regime is punitive. Under FATCA, US Taxpayers’ undisclosed… more

Equifax Week Two: Hack Headaches Continue

The barrage of bad news for Equifax Inc. keeps getting worse. Here’s a recap of yesterday’s events: ? Mass AG Files Lawsuit – In the first enforcement action filed against Equifax Inc., the Massachusetts Attorney General filed a… more

Top Five Developing Issues in Class Action Litigation

Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year..… more

Look (At The PTAB Factors) Before You Leap Into Your Follow-On IPR Petition

Decision Denying Petitioner’s Requests For Rehearing, General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Nos. Case IPR2016-01357, 01358, 01359, 01360, 01361 (P.T.A.B. September 6, 2017) (expanded panel) - Last year, the… more

Emergency Rules Requiring Generators in Florida ALFs and Nursing Homes

As a result of Hurricane Irma, eight nursing home residents died after a power failure in a Hollywood, Florida nursing home. In the wake of that tragedy, on Sept. 18, 2017, Florida regulators published emergency rules requiring… more

Unit Operator Pays For a Problem of its Own Making

How many times must an operator suffer for a mistake in a unit declaration? Samson Exploration LLC v. T. S. Reed Properties Inc. makes it twice. (See Hooks v. Samson Lone Star for the first round). The Texas Supreme Court ruled that a… more

UK Publishes Draft Legislation Prohibiting the Manufacture and Supply of Cosmetic Products Containing Microbeads

On 11 September 2017, the UK Department for Environment, Food and Rural Affairs (DEFRA) published draft regulations prohibiting the manufacture and supply of rinse-off personal care products containing microbeads. The draft Regulations… more

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy… more

Update: Second Round of NAFTA Negotiations Concludes - Progress Made?

The second round of the North American Free Trade Agreement (NAFTA) negotiations among the United States, Canada, and Mexico concluded earlier this month. While official statements from the countries indicated that all three feel they… more

DOJ Obtains $907,000 Settlement for Auto Lender’s Repossession of Active Duty Servicemembers’ Vehicles

On September 18, 2017, the Department of Justice (“DOJ”) announced that it had entered into a $907,000 settlement with an auto loan lender and servicer (“Defendant”). In its co?mplaint,? filed the same day in the United States District… more

A Changing Retail Streetscape: Rethinking Shopping Center Parking Lots

A recurring theme of this blog is that e-commerce, mobile devices, and evolving technology are changing the retail landscape. It seems that technology shifts are also poised to change the retail streetscape. More particularly, changes… more

Trump Administration Rulemaking Process to Redefine Scope of Clean Water Act – How Your Company Can Participate

One of the most difficult and costly aspects of developing mining projects in the United States is the permitting requirements under the Clean Water Act (CWA). The Trump administration is currently undertaking a rulemaking process to… more

Magnum, SMH

Who could possibly sully the sainted memory of Thomas Magnum, fictional private investigator and iconic 1980s bon vivant? All 45 of these guys, apparently… more

Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of… more

Major GST/HST changes affecting investment limited partnerships

On September 8, 2017, the Department of Finance Canada released proposed amendments to the Excise Tax Act (“ETA”) that could deem certain payments from “investments limited partnerships” to its general partner (“GP”), which were… more

OFCCP Holds First of Three Compliance Assistance Town Hall Meetings

As we previously reported, the OFCCP announced in August that it would hold three “compliance assistance” town hall meetings. The first was held on September 19, 2017, at the Department of Labor’s Headquarters in Washington, D.C… more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing LP, Case No… more

Does California Side With Delaware Or New York On Special Litigation Committee Reviews?

As discussed in the two preceding posts, Nevada’s Supreme Court last week decided to adopt New York’s standard of review of special litigation committee recommendations to dismiss stockholder derivative suits. In re Dish Network… more

Time for a Reminder

Timing is everything, they say, and nowhere is that more true than in the law of contract, where a failure to meet a deadline can have serious commercial and practical ramifications for the parties. In this blog Tim Reid has pulled… more

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United States… more

Cryptocurrencies: Are They Securities?

Cryptocurrencies, including Bitcoin, have been in the news a lot lately, but many people still don’t know what they are—or whether they’re regulated.  Here’s a quick rundown… more

FL Medical Marijuana Treatment Center License Application Released

The Department of Health has finally released the new Medical Marijuana Treatment Center (“MMTC”) license application and proposed rules, all of which can be found at… more

Licensing for crowd-sourced funding operators

Amendments to the Corporations Act 2001 (Cth) (Corporations Act), introducing a crowd-sourced funding (CSF) regime, will take effect on 29 September 2017. From this date, CSF operators (intermediaries) will be able to apply for an… more

FinCEN Issues Latest Advisory on FATF-Identified Jurisdictions with AML/CFT Deficiencies

On September 15th, FinCEN issued its latest “Advisory on FATF-Identified Jurisdictions with AML/CTF Deficiencies.” The FATF, or the Financial Action Task Force, is a 37-member intergovernmental body, including the United States, that… more

One Wrong Turn

The road to the first class action against the Province of British Columbia - On May 3, 2017, the Honourable Justice Masuhara, of the British Columbia Supreme Court, certified the province’s first environmental class action against… more

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state lines… more

No More Excuses: CCOs Have to Embrace Technology

It is time for an honesty check – many CCOs do not like change. CCOs, however, need to embrace change as a powerful force. Compliance is an evolutionary process – it is constantly changing. A compliance program has to move like a shark… more

New York Salary History Inquiry Ban

On May 4, 2017, New York City Mayor Bill de Blasio signed into law Introduction Number 1253-A, which prohibits employers from inquiring about a job candidate's salary history during the hiring process. Dentons' Employment and Labor… more

Fraudulent “Social Security Maximization” Scheme Ends With Guilty Plea

P.T. Barnum should have said “there is a new scheme born every minute.” Yesterday a Wall Street office and Sinatra songs were used to lure would-be investors to a commodity fraudster who took investor funds for his own and ended in… more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by the… more

Criminal justice: How best to stop economic crime

Speaking at the 35th annual Cambridge International Symposium on Economic Crime, Robert Buckland QC MP, the Solicitor General for England and Wales, and David Green QC, Director of the SFO, addressed the question, “Preventing and… more

Earthquakes & Hurricanes in Mexico (Any End in Sight?): Tips for International Insurers

A powerful 8.1 magnitude earthquake struck southern Mexico late Thursday, September 7, 2017. According to the U.S. Geological Survey, the epicenter of the earthquake was in the Pacific Ocean off the coast of the state of Chiapas – the… more

Rescission of Deferred Action for Childhood Arrivals (DACA)

On September 5, 2017 DHS rescinded the June 15, 2012 memorandum issued by President Obama which established the “DACA” program. The “DACA” rescission requires individuals that are seeking an extension of their status to file on or… more

Africa Stand Up Vision 2025: Strengthening supply chains – the key challenge for Africa

If Africa wants to change how it trades with the rest of the world, it needs to start by rethinking how it trades with itself. Without urgent improvement, Africa risks remaining a supplier of solely primary materials to which others… more

Views on Venue -- District of Delaware Provides Some Guidance on Venue in ANDA Cases Post-TC Heartland

Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged infringer… more

Singapore: A Changing Paradigm in Redundancy and Reductions in Force

Recent changes in the notification and oversight process for redundancy and RIF exercises show the Ministry of Manpower’s strengthened commitment to employee rights… more

FDA Approves First-Ever Mobile App for Addiction Treatment

The FDA recently approved the marketing of the first-ever prescription digital therapeutic to be used in the treatment of substance use disorder (SUD)… more

French Elections Pave Way for Labor, Tax Reforms

In the months following the election of President Emmanuel Macron, who is perceived as pro-business, as well as a parliamentary election in which the new president’s party won the majority, companies and entrepreneurs have expressed… more

[Webinar] Issues and Recent Developments in Art Law - October 5th, 11:00am ET

Please join Christie's and the Locke Lord LLP Art Law Group for an overview of the art market and key legal issues… more

Important Lessons for Mortgage Lenders in Delaware

In a recent opinion, the Supreme Court of Delaware held that a mortgage holder must be entitled to enforce the underlying obligation that secures the mortgage in order to foreclose on the mortgage. As a result of the court’s decision… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Conn Maciel Carey is a boutique law firm focused on Labor & Employment, Workplace Safety (OSHA/MSHA), and Litigation. The clients we serve — from multi-national organizations to start-ups to…

[ About | Legal Updates ]

Watch This