Latest Updates

USCIS Announces Redesign of Green Cards and Employment Authorization Documents

Beginning on May 1, 2017, USCIS will begin issuing a redesigned Permanent Resident card (green card) and Employment Authorization Document (EAD). This initiative is part of the Next Generation Secure Identification Document Project… more

Attorney General Signals Commitment to FCPA Enforcement

Attorney General Jeff Sessions has declared that enforcement of the Foreign Corrupt Practices Act (FCPA) is “critical” for the protection of honest businesses. This Trump Administration position addresses speculation and removes some… more

EPA to Host Events Soliciting Information on Regulatory Reforms

The U.S. Environmental Protection Agency (EPA) has announced that it will be hosting several events to gather input on regulatory actions that could be repealed, replaced or modified as part of EPA’s regulatory reform efforts under… more

Reasonable endeavours and whether contract requirement was ‘futile’

In Astor Management AG & anr v Atalaya Mining PLC & ors [2017] EWHC 425 (Comm) the High Court found that even arguably pointless contractual provisions must be met in the context of a condition precedent to payment of consideration… more

What Happens IF There is a Government Shutdown?

If Congress cannot pass a funding bill by April 27, 2017, only “essential” government workers will continue to work as of May 1 and immigration processes will be affected… more

Blog: Washington Updates Money Transmitter Law to Include Virtual Currency

On April 17, the state of Washington enacted a new law that, among other things, formally adds virtual currency to its money transmitter law. The new law incorporates virtual currency into the definition of money transmission. It… more

Lawsuits are the Inevitable Cost of YouTube Success

Whenever there is a report of a YouTube creator being sued for copyright infringement, the response from the creator and the community seems to be one of shock and surprise. The truth is, successful YouTube content creators should not… more

Louisiana’s Subsequent Purchaser Rule Bars Property Owner’s Claims

On April 18, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a Louisiana case that dismissed the plaintiff’s claims for property damage based on contamination caused to his property by long-term… more

Interesting Tactic in FLSA Collective Action—Pre-Litigation Settlement Talks

I have blogged so many times about Assistant Manager class actions. I never seem to get tired of it because there is a never-ending “supply” of them. Guess what. Another one. A group of employees working for AC Moore, an arts… more

Professional advisors not liable for client’s poor commercial judgment

In a landmark decision, BPE Solicitors & anr v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21, the Supreme Court provided guidance on the application and effect of the well-known, but often misunderstood, ‘SAAMCO… more

Will the New General Data Protection Regulations (“GDPR”) Be a Block in the Chain?

Yes, I know that I ooze wit, but seriously, on the 25 May 2018, the new GDPR will come into force, which replaces the current data protection regulations (irrespective of Brexit). The principle at the heart of the GDPR is that personal… more

Blog: Failure to Prevent Criminal Facilitation of Tax Evasion

The new UK “failure to prevent criminal facilitation of tax evasion” domestic and overseas offences will almost certainly become effective in or before September 2017. What does this mean for companies and firms? The offences threaten… more

Disclosure of the identity of funders and existence of ATE insurance

In The RBS Rights Issue Litigation [2017] EWHC 463 (Ch), 9 March 2017, the High Court set out important principles with respect to the circumstances in which disclosure of the identity of third-party funders and details of any ATE… more

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the Trump… more

New Details Emerge About IRS Private Debt Collection Program, as Fraudsters Continue to Impersonate IRS Collectors

The Internal Revenue Service has released additional guidance about its new and controversial “Private Debt Collection” program — which requires the use of private debt collectors to collect certain delinquent tax debts — while… more

The State AG Report Weekly Update April 27, 2017

Breaking News - Cozen O’Connor’s State AG Practice Co-Chair Lori Kalani Interviews Massachusetts Attorney General - Cozen O’Connor’s State Attorneys General Practice Co-Chair Lori Kalani recently interviewed Massachusetts AG… more

Blog: Has Demand for ESG Disclosure Reached an Inflection Point?

Do investors really care about ESG (environmental, social and governance) disclosures? Apparently they do, according to a recent survey by EY, and they even take information about ESG into account in making investment decisions. At… more

Nanosensor Manufacturing Workshop Will Be Held in June

On June 13-14, 2017, a “Nanosensor Manufacturing Workshop: Finding Better Paths to Products” will be held at the National Science Foundation in Arlington, Virginia. The Workshop supports the goals of the National Nanotechnology… more

“Business Errand” Exception to the “Going and Coming Rule” Generally Presents Question of Fact Making Summary Judgment Rare

In Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (April 13, 2017), the Fourth Appellate District was presented with another circumstance where the “business errand” exception to the going and coming rule was at issue. Plaintiff was… more

Recent laws affecting GCC companies doing business in Qatar

H.H the Emir Sheikh Tamim bin Hamad Al-Thani issued Law No.6 of 2017 amending some provisions of Law No.7 of 1987 on Regulating the Conduct of Business Activities by GCC nationals in the State of Qatar (GCC Business Activities Law)… more

Clarification Of The Extension Of Time Limits Following Early Conciliation

The effect of Acas early conciliation on extending the time limit for bringing an employment tribunal claim has been clarified by the recent decision in Fergusson v. Combat Stress (unreported). Under the relevant provisions of the… more

Global Employee Equity at a glance: United States of America

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their… more

Energy Alert: The Court of Appeal Upholds the Redwater Decision

Field Law’s Energy Group continues to follow developments regarding the Redwater Energy case. This Energy Alert summarizes the Alberta Court of Appeal’s recent decision on the matter… more

The Role of Shareholder Activists in Scrutinizing Corporate Behavior

In the present uncertain legal and regulatory environment, the role of shareholder activists in scrutinizing corporate behavior seems to be gaining steam. See, e.g., An Activist Investment in Whole Foods Exposes Shifting Power on Wall… more

Discover (or rediscover) U.S. employment law: Your questions, our answers

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal government… more

Time Off Work And Religious Discrimination

In Gareddu v. London Underground Ltd UKEAT/0086/16, the EAT considered whether it was indirectly discriminatory, on the basis of religion or belief, for an employer to refuse an employee's holiday request which he said was for the… more

WTO Authorizes Mexico to Suspend Trade Benefits to U.S. in Tuna Dispute

Mexico is one of the few countries that has been authorized to adopt retaliatory measures against noncompliance of its trading partners' obligations, and it has made use of this authorization… more

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting within the… more

2017 Nevada Legislative Session – Potential for Additional Anesthesiology Practice Opportunities in Nevada

On February 27, 2017, Senate Bill 210 (“S.B. 210”) was introduced into the Nevada Legislature, which paves the way for expanded anesthesiology practice and patient care opportunities in the State of Nevada...… more

[Video]Business Development & Firm Structure: Market Leaders Podcast with Cynthia Voth, Miller Nash Graham & Dunn

Join David Ackert as he interviews Cynthia Voth, Director of Business Development & Administration at Miller Nash Graham & Dunn, in this episode of the Market Leaders Podcast. Tune in to hear David and Cynthia discuss: - Miller Nash… more

Political Participation in 2017: Top Legal Concerns for Your Company

Change has come to Washington, D.C. and state legislatures around the country. The fast pace of political changes ushered in during early 2017 can create both challenges and opportunities when it comes to complying with the rules… more

GAO Report: Medicare Reimbursement Policies Impede Telehealth Adoption

Although telehealth has the potential to improve or maintain quality of care for Medicare beneficiaries, payment and coverage restrictions create barriers that prevent providers from fully utilizing telehealth technologies. That is the… more

Lawyers, How Well Do You Know Your Clients' Business? Here's Why It Matters...

How can we think that anything is more important to a lawyer’s professional reputation than being responsive and knowing the client’s business?… more

Mobile targeting: A ‘secret weapon’ for good or ill?

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?… more

Do You Know What Is The Most Important Document In An Employee’s Personnel File?

Pick an employee, any employee. The most important document in that employee’s personnel file – and in EVERY employee’s personnel file – is one you probably don’t give much thought to until the employee has left the job. It is the… more

Discharge In Bankruptcy Without Reaffirmation Is Not A Shield And A Sword

Many borrowers use bankruptcy as a shield against a lender’s foreclosure action. Some also try to use bankruptcy as a sword to bring up defenses that stem from the mortgage contract to defeat a foreclosure. A recent second district… more

Federal Court: NLRB Correct That Successor Employer Must Bargain With Existing Union Under Labor Law

In the first test of the National Labor Relations Board’s 2011 “successor bar” rule, the federal appeals court in Boston has upheld the NLRB’s decision that the union is protected from decertification after a change of ownership at the… more

What Can We Infer When Justice Garman Asks the First Question in a Civil Case?

Yesterday, we showed that between 2008 and 2016, an unusually high level of questions from Justice Garman indicated that she was likely writing an opinion. We also demonstrated that when Justice Garman was in the minority, she… more

Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied

In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale as the chapter 7 Trustee of Powerwave Technologies… more

5 Key Takeaways: Patent Litigation Trends

Kilpatrick Townsend attorneys Andy Rinehart and Dr. Jennifer Giordano-Coltart recently presented their assessment of trends in patent litigation and prosecution at the firm’s annual patent CLE in Research Triangle Park. Twenty firm… more

H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by USCIS on… more

Don’t Be an April Fool: How to Avoid the Hague Hangover

In the latest variation on “April Fool,” the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary will become effective in the U.S. on April 1, 2017. In one of its parting actions… more

California Bill Mandates Privacy By Design For IoT Devices

Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in security… more

Giant Leap In St. Louis City Minimum Wage Is Imminent

Employers in St. Louis City should prepare for an imminent increase in the minimum wage from $7.70 to $10 per hour. On Tuesday, the Missouri Supreme Court issued its direction to lift an injunction blocking the City’s minimum wage… more

Agreed Judgments Rendered Without the State of Texas’ Consent Must Be Set Aside

On April 20, an intermediate Court of Appeals for the First Court of Appeals, sitting in Houston, reversed the trial court and directed that court to reinstate an environmental enforcement action that had purportedly been settled by… more

Weight Loss Marketing Companies Settle FTC Claims

Last week, the Federal Trade Commission (“FTC”) announced a $32 million settlement with NutriMost, LLC, NutriMost Doctors, LLC and their owner (collectively, “Defendants”). The FTC alleged that the Defendants’ weight loss marketing… more

Chaos Theory, the Butterfly Effect and One More Banking Hurdle?

Oregon Gov. Kate Brown recently signed into law Senate Bill 863. The bill attracted bi-partisan support as it moved through the legislature and is well intended. The bill protects consumer names, addresses and other personally… more

Due Your Duty

With the ever-increasing scrutiny being brought to compliance and the payment of duties on imported goods by Customs and Border Protection (CBP), it is worth commenting that any duties which are due when an entry liquidates may, in… more

GAO Bid Protests - Impacts of a Government Shutdown

The Office of Management and Budget ("OMB") has begun the preparations for a potential government shutdown, ordering agencies to review and update their shutdown plans. Only a few days remain for Congress to pass (and the President to… more

Manatt Digital - April 2017

We at Manatt Digital are not only die hard music fans, we put our passions in our business and are invested and advocates of the ever evolving and seriously complicated business of music. This month’s newsletter is dedicated to digital… more

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