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NDAA to Reinstate GAO Task Order Jurisdiction

It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds. The right of federal contractors to protest agencies' actions…more

Additional Amendments to the Nonprofit Revitalization Act of 2013 Become Law

On November 28, 2016, Bill A10365-B containing further changes to the New York Nonprofit Revitalization Act became law. Our prior alert, available here, discussed the details and implications of the June 2016 legislation…more

Ban Proposed on the Expiry of Rewards Points in Ontario

On October 20, 2016, an Ontario member of provincial parliament introduced Bill 47, Protecting Rewards Points Act (Consumer Protection Amendment), 2016 (Bill). The Bill’s purpose is primarily to prohibit the expiry of rewards points in…more

What Should Employers Do About Overtime Now? Ask The Wage-Hour Lawyers.

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction…more

Blog: Environmental Shareholder Proposals Increase In Frequency And Sophistication, But Will They Continue To Be Viable?

The WSJ discusses the increased frequency and sophistication of shareholder proposals regarding the environment. In particular, the piece observes that shareholder proposals focusing on environmental issues have evolved “from requests…more

Negotiate at the Next Level

Most, if not all, YPOers have had many occasions to test their negotiation skills. Whether buying a competitor to fuel growth, handling a delicate balancing act with a key customer or a trade union, or simply working with a spouse to…more

CFPB submits proposal to expand consumer complaint feedback for OMB approval

The CFPB has taken another step towards implementing its proposal to add a survey to its current complaint intake form that a consumer could choose to complete to provide feedback on the company’s response to his or her complaint…more

Entity Selection Series | Part One: The Benefits of a Limited Liability Company

So, you developed the next great start-up idea and you are looking to organize your company… Initially, the entrepreneur will have to decide what type of entity to use and under what state to form the company. Various legal factors…more

Data Protection Officer and IT Manager – Two Jobs That Do Not Match

Companies required to appoint a data protection officer (“DPO” ) in Europe should carefully consider which candidate is best to select for the job. A company established in Bavaria, Germany, was recently fined by the Bavarian data…more

Squeezed in the Middle

Fund managers are getting squeezed from all directions. Absent raising a larger fund next time, GPs cannot realistically expect to grow top line revenue. At the same time, they bear variable and often unpredictable…more

Worker representation on boards…or not?

Theresa May, during her campaign and at the beginning of her term as prime minister, repeatedly committed to introducing worker representation on company boards as part of her corporate governance reform package. The news at the…more

USDOL Appeals Last Week's Exemption Ruling

The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's "white collar" exemptions from taking effect…more

Federal Trade Commission Hosts Crowdfunding & Peer-to-Peer Payments Forum

On October 26, 2016, the Financial Trade Commission hosted a forum on Crowdfunding and Peer-to-Peer Payments, in Washington, D.C., the latest in the Commission’s FinTech Forums Series. The forum included two panels: (1) Peer-to-Peer…more

False Claims Act: Recent First Circuit Opinion on Remand in U.S. ex rel. Escobar v. United Health Services

Earlier this year, the U.S. Supreme Court’s important opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016), dealt with the issue of whether a so-called “implied certification” that a defendant…more

In the Wake of Hurricane Matthew, the Florida Supreme Court Announces Major Victory for Policyholders in Sebo

As individuals and businesses continue to recover from a devastating hurricane season – including Hurricane Matthew – the Florida Supreme Court today provided policyholders with reason to be optimistic. Under the Florida Supreme…more

Superior Court of Delaware Finds that Settlement Amounts not Uninsurable Disgorgement

The Superior Court’s Complex Commercial Litigation Division held in TIAA-CREF Individual & Institutional Services, LLC v. Illinois National Insurance Company, C.A. No. N14C-05-178 (JRJ) (CCLD) that amounts TIAA-CREF paid in settlement…more

Ninth Circuit Rules Surface Transportation Board Has Exclusive Jurisdiction Over Certain Railroad Repair Work

On November 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling that the Surface Transportation Board has exclusive jurisdiction over “railroad repair work done at the direction of a federally regulated…more

Modern Slavery Business Reporting: Beyond Compliance

A year after the introduction of the business reporting obligation in the Modern Slavery Act 2015 we take a look at the approach taken to statements to date and possible future developments in this area. Introduction - Modern…more

Shenzhen-Hong Kong Stock Connect Finally Launches on 5 December 2016

On 25 November 2016, the Securities and Futures Commission of Hong Kong ("SFC") and the China Securities Regulatory Commission ("CSRC") announced that the Shenzhen-Hong Kong Stock Connect ("SZ-HK Stock Connect") would formally commence…more

Significant Developments in Canadian Energy – For the Month of November 2016

November 29, 2016 – Raging River Exploration Inc. closed a Viking consolidation transaction. The company acquired approximately 620 boe per day — 97 per cent light oil — of production and 24 net sections of land prospective for Viking…more

EEOC Issues New Enforcement Guidance On National Origin Discrimination

On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may speculate whether this has anything to do…more

Visas for the U.S.: What Are Your Options?

This post is for the many French people who ask me on a regular basis about the U.S. visas that are available to them. Several visa categories exist. This post will focus on the most commonly used in the case of French nationals:…more

Five Takeaways: In the Trenches with Social Media

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present to the 2016 INTA (International Trademark Association) Leadership Meeting. Mr. Benjamin…more

California Amends RMLA: Federal Agency Approval Not Required For Processing and Underwriting Companies

Effective January 1, 2017, the definition of lender under the California Residential Mortgage Lending Act (RMLA) will be amended to include third-party processors and/or underwriters who do not solicit loan applicants, originate…more

FERC Rejects Sierra Club’s Request for Rehearing and Green Lights $3.5B LNG Export Facility in Lake Charles, Louisiana

On November 23, 2016, the Federal Energy Regulatory Commission (FERC) confirmed its authorization of the construction of a $3.5 billion liquefied natural gas (LNG) export facility in Lake Charles, Louisiana and rejected the Sierra…more

Employee who forged 16 sick notes, then tried to blame her manager, was fired for cause

A Canada Revenue Agency employee who forged signatures on 16 sick notes was fired for cause, a federal adjudicator has decided. The employee had a problem with absenteeism and started missing work without calling in. The employer…more

Real Property & Title Insurance Update: Weeks Ending November 18 & 25, 2016

REAL PROPERTY UPDATE - Settlement/Waiver: borrowers permitted to raise affirmative defenses and counterclaims against lender where subject Loan Modification Agreement failed to include waiver of claims, affirmative defenses, or…more

Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal Risk

Amnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor. In the nearly 150-page report titled “The…more

U.S. Copyright Office Announces Important Changes to DMCA Agent Designation

Effective December 1, 2016 the U.S. Copyright Office is imposing new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet…more

Forecasting, Risk Management and Compliance

When I was in the corporate world, I cannot begin to recall the number of times senior management had an overly optimistic forecast regarding some transaction; whether the transaction was the purchase of a smaller company, a joint…more

The Post-Election FinTech World: Are Happy Days (for Bankers) Here Again?

In the days following the U.S. federal elections that resulted in the election of Donald Trump as President and Republican control of the 115th Congress, FinTech companies, banks, and other financial institutions are increasingly…more

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers, not…more

City of Chicago Imposes New Burdens on Mortgagees and Servicers Through Expanded Vacant Building Ordinance

For the last several years, the City of Chicago has rapidly expanded the scope of regulations on lenders and mortgage servicers doing business in the City. If recent developments are any indication, the City Council’s transparent…more

A “Crystal Ball” On Life After The New ERISA Fiduciary Rule

The Department of Labor’s (DOL) new fiduciary rule that is going to go in effect in April 2017 is going to have a profound change in how financial advisors work with their retirement plan clients. It’s unchartered waters, since this is…more

Elkhorn Crossing, LLC: An Equity Cushion is Not Enough

“Don’t Bet The Farm On It” When is a million dollar equity cushion not enough? Despite a purported cushion of at least $1.2 million, the Bankruptcy Court for the District of Nebraska recently held that a proposed Chapter 12 plan’s…more

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the Local Regulations

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County of Maui…more

White House Calls for Restrictions to Curb Non-Compete Agreements

The White House has issued new information about its policy position on non-competes, including a call to action from President Obama to state and federal lawmakers to curb and limit non-compete agreements…more

New California AG Appointed with Possibilities for Privacy Enforcement

With the election of current California Attorney General Kamala Harris to the U.S. Senate, Governor Jerry Brown was tasked with appointing her replacement. On December 1, he announced that his pick is U.S. Representative Xavier…more

Court Of Chancery Summarizes Law On Reliance Disclaimers

Large commercial contracts frequently try to limit a buyer’s remedies for any extra-contractual misrepresentations by the seller. Many Delaware decisions deal with disclaimers of extra-contractual representations and this decision…more

CFPB Fall 2016 rulemaking agenda published

The CFPB’s Fall 2016 rulemaking agenda has been published as part of the Fall 2016 Unified Agenda of Federal Regulatory and Deregulatory Actions. The preamble indicates that the information in the agenda is current as of October 19…more

Top 10 Issues for Employers, Issue #6: Balancing BYOD Programs with Expectations of Privacy at Work

This is the sixth instalment in our Top 10 Issues for Employers series. OVERVIEW - The workplace practice of bring your own device (BYOD) has hit the mainstream as more and more employees use their own mobile electronic…more

Unfair Dismissal and Appropriateness of Final Written Warning

In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was “manifestly…more

A view from Brussels: Margrethe Vestager - half-way through her mandate

Margrethe Vestager has now been in office as European Commissioner for Competition for two years, and is effectively at the half-way point in her mandate. This is an appropriate time to evaluate her record so far and to assess where…more

DOL to Appeal Texas Court’s Injunction of New Overtime Rule

Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday...…more

Defendant Ordered to Produce Source Code Responsive to Agreed Upon Search Protocol: eDiscovery Case Law

In ACI Worldwide Corp. v. MasterCard Technologies, LLC et. al., No. 14-31 (D. Nebraska, Oct. 27, 2016), Nebraska Magistrate Judge F.A. Gossett granted the plaintiff’s Motion to Compel Production of the defendant’s Full Source Code in…more

Succession Planning: What the “Successor” Values

In my most recent blog, The Art of Succession Planning – Thoughts on How to Start, I shared tips gleaned from observing a “model firm” on how to successfully start and integrate succession planning. All too often, partners think about…more

Developments in Association Law 2015–2016

The Nonprofit Organizations Practice at Pillsbury has prepared this summary of significant legal and policy developments that have occurred in approximately the past year. All of these developments have potential impacts upon nonprofit…more

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s…more

[Webinar] Meritas Capability Webinar - Latest Developments in Financial Services Law - December 14th, 1:00pm CST

This webinar will provide information on recent developments in financial services law over the past year…more

Plan Fees Have Been Getting Lower

NEPC, LLC published the results of its 11th Annual NEPC Defined Contribution Plan and Fee Survey. Data shows that Defined Contribution (DC) plan record-keeping and investment management fees continue to decline…more

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