Latest Updates

Private Equity and Privilege: Why Recent Legal Developments Matter to Buyout Firms

Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation… more

Orrick's Financial Industry Week In Review

Financial Industry Developments - FHFA Announces $5.5 Billion Settlement With Royal Bank of Scotland - On July 12, 2017, the Federal Housing Finance Agency ("FHFA"), as conservator of Fannie Mae and Freddie Mac, announced it had… more

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important to your… more

Third Circuit Provides Guidance To Creditors Seeking Section 503(b)(9) Administrative Expense Status

Unsecured creditors frequently find themselves in the lurch when a company files for bankruptcy. One of the few mechanisms for recovering the value of goods supplied to a debtor prior to a bankruptcy case is an administrative expense… more

The ESOP Class Action: An Existential Threat To The ESOP Community

In recent years, many sponsors and trustees had to defend investigations from the U.S. Department of Labor (DOL) in connection with transactions in which company shares were sold to an Employee Stock Ownership Plan (ESOP). In certain… more

New Partnership Audit Rules Apply Beginning January 1, 2018: Is Your Business Ready?

New partnership audit rules will be effective for audits of tax years beginning in 2018. Proposed Treasury Regulations have been released and are expected to be finalized in the next few months. (The comment period is open until August… more

Pennsylvania Supreme Court Holds that Former Employees are Not Entitled to Inspect their Personnel Files

It is an issue that human resources professionals frequently face. An employee is discharged. The employee, or the employee's attorney, demands the opportunity to inspect the employee's personnel file to determine whether the file… more

COPPA Guidance Released to Help Businesses Keep Pace With Evolving Internet

The Children’s Online Privacy Protection Act (COPPA), enacted in 1998, created guidelines limiting the collection of personal information from children online. But 1998 was eons ago in Internet time; the online landscape has evolved… more

CPSC Recall Snapshot - Annual Report

Welcome to the July edition of the Alston & Bird CPSC Recall Snapshot. Last month, the CPSC released its 2016 Annual Report. The Annual Report was divided among five key strategies: (1) hazard identification and monitoring; (2)… more

NY AG Fines Healthcare Firm $130,000 for Improperly Delaying Breach Notices to Consumers Due to an FBI Investigation

On June 15th, New York Attorney General Eric Schneiderman announced a settlement with CoPilot Provider Support Services Inc. to resolve allegations that the company improperly delayed notice to more than 220,000 consumers of a breach… more

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal recently… more

Nebraska Med Mal Cap Survives 7th, 5th & 14th Amendment Attacks

The US Court of Appeals for the Eighth Circuit has upheld Nebraska’s statutory medical malpractice limit, rejecting attacks that were based on the Seventh, Fifth, and Fourteenth Amendments of the US Constitution. After a federal… more

The rules of interpretation: a seller indemnity in a share purchase agreement

The Supreme Court has dismissed an appeal over the meaning of an indemnity in a share purchase agreement, and in delivering its judgment has given guidance on the rules of contractual interpretation… more

PCAOB Adopts New Auditor Reporting Standard

After more than six years of outreach and public comment, on June 1, 2017, the Public Company Accounting Oversight Board (“PCAOB”) adopted a new auditor reporting standard1 that, if approved by the SEC, would significantly expand the… more

NanoEHS Webinar Will Address How NNCI Nodes Support Environmental Research

The National Nanotechnology Initiative (NNI) will hold a webinar on July 27, 2017, entitled “The National Nanotechnology Coordinated Infrastructure (NNCI) Nodes and Environmental Research: Examples from the Field.” The National… more

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn over… more

Do You Even Trademark, Bro?

Two Bros are competing over their Bro meal delivery services. Jamie Giovinazzo is the owner of Eat Clean Bro, LLC, a meal delivery service providing “a convenient service that is designed to bring chef-prepared meals right to your… more

FTC Enforcement And Why It’s Important

Fraud, deception, and unfair business practices are problems all companies and consumers are bound to come across. That is where the Federal Trade Commission (“FTC”) comes in. The FTC enforces federal consumer protection laws—in… more

Does the California Supreme Court Average More Questions to the Losing Side?

Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts. Every researcher to date –… more

USCIS Revises Employment Eligibility Verification Form I-9

The U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017. Between now and September 17, 2017, employers may use either the version of Form I-9… more

Seventh Circuit Upholds Wisconsin’s Right-To-Work Law

On July 12, 2017, a three judge panel in the seventh circuit unanimously affirmed District Judge J.P. Stadtmueller’s ruling dismissing a lawsuit filed by two International Union of Operating Engineers (IUOE) locals that challenged the… more

Return of the Rocket Docket?: New Case Law Potentially Changes the Tide of Patent Lawsuits Fleeing Favored Venues

The United States Supreme Court’s May decision in TC Heartland LLC v. Kraft Foods Group Brands LLC was widely seen as a limitation on the jurisdictions in which a patent owner can file infringement claims. That decision set off a minor… more

This Week In Securities Litigation

The Commission affirmed by a divided vote an Initial Decision dismissing insider trading charges against Wells Fargo trader Joseph Ruggieri. At a hearing the Division of Enforcement failed to prove that in six instances Mr. Ruggieri… more

Department of Finance Proposes New Oversight Framework for Retail Payments

On July 7, 2017, Canada’s Department of Finance released a long-awaited consultation paper on the proposed regulation of retail payments in Canada. The consultation paper, titled: “A New Retail Payments Oversight Framework”… more

Sandoz Files Two Petitions for IPR of Two AbbVie Patents Related to Humira

Sandoz has filed a petition for inter partes review of AbbVie’s U.S. Patent No. 8,802,100 (IPR2017-01823), which claims stable formulations of an anti-TNFa antibody identified in the petition as Humira® (adalimumab). Sandoz also filed… more

Second Circuit Hands Government a Major Setback in LIBOR Fraud Case

On July 19, 2017, the United States Court of Appeals for the Second Circuit issued a decision that could impact prosecutions of corporate employees that result from multi-jurisdictional investigations, such as those involving… more

Why Banning Criminals From The Web Doesn’t Work

A few weeks ago, the Supreme Court issued a unanimous ruling in Packingham v. North Carolina, 137 S. Ct. 1730 (U.S. 2017) invalidating a state law outlawing registered sex offenders from accessing websites which could facilitate… more

Federal Circuit Finds That Fetal Diagnosis Claims Survive Written Description Attacks

Stanford University v. The Chinese University of Hong Kong. Federal Circuit Appeal No. 2015-2011. Decided June 27, 2017. In an appeal from the Patent Trial and Appeal Board (PTAB), the Federal Circuit held that claims related to… more

The Advance of UK Antitrust Class Actions

Brussels-based antitrust partner Matthew Hall brings us an update on two ongoing UK antitrust class actions and one on the horizon. Antitrust class actions in the UK are beginning to take hold before the specialist Competition… more

Study highlights prevalence of counterfeit and fraudulent goods online

Beneath the partisan rhetoric over “fake news” lies an important reality: Fraudulent practices thrive online — not just in news, but also in offerings of goods and services. Fake online stories, like the PizzaGate story, gain… more

DOE Awards $40 Million In Funding For Bioenergy Research Centers

On July 17, 2017, the U.S. Secretary of Energy Rick Perry announced that $40 million in Department of Energy (DOE) awards will be used to establish four DOE Bioenergy Research Centers (BRC) to be led by a DOE National Laboratory or top… more

Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an employee… more

DOJ Takes Down AlphaBay, the World’s Largest Dark Web Marketplace

The U.S. Department of Justice has announced the seizure of AlphaBay, the largest criminal marketplace on the Internet, which was used to sell stolen financial information, identification documents and other personal data, computer… more

RICanada Welcomes Quebec Renewable Fuel Volume Requirements

Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy included, for… more

Request for Leave Not a Reasonable Accommodation for Temporary Employee

In a decision with important ramifications for temporary staffing agencies and employers that use their services, the 10th U.S. Circuit Court of Appeals has held that the Americans With Disabilities Act (ADA) does not entitle a… more

California Small Businesses Face Unique Dilemma Under Narrow Worker Status Categories

They say location is everything in business. How about classification of workers? In certain industries, workers have a unique combination of specified skills and relative freedom to do their job. As a result, small businesses are… more

Ninth Circuit Denies Motion for Further Mandamus Relief in Chlorpyrifos Proceedings

On July 18, 2017, a panel of three judges at the U.S. Court of Appeals for the Ninth Circuit issued an order denying petitioners’ Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC)… more

“Not My Employee, Not My Problem.” Oh, Yeah?

Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays the agency… more

Form I-9 Revised Yet Again

U.S. employers should be advised that USCIS has released a new version of Form I-9, Employment Eligibility Verification, and the new form will take effect as of September 18, 2017… more

Acting Comptroller Noreika confirms continued OCC interest in SPNB charter proposal for fintech companies; our thoughts on the need for an OCC rule

Acting Comptroller of the Currency Keith Noreika, in remarks on July 19 to the Exchequer Club, confirmed that the OCC is continuing to consider its proposal to allow financial technology (fintech) companies to apply for a special… more

Champion Fiberglass Sued by EEOC for Systemic Race and National Origin Discrimination

Federal Agency Charges Local Company Engaged in Practices That Unlawfully Discriminated Against Non-Hispanic Applicants - HOUSTON - Champion Fiberglass, Inc., a Houston-area manufacturing company, violated federal… more

NAFTA: USTR Summary of Objectives Released July 17, 2017

The North American Free Trade Agreement (NAFTA) modernization process advanced on July 17, 2017 with the release by the Office of the United States Trade Representative (USTR) of the NAFTA negotiating objectives summary… more

San Francisco Becomes Latest to Ban Salary History Inquiries

Joining a growing list of state and local governments, San Francisco Mayor Ed Lee today signed an ordinance which will ban employers from asking job applicants about their salary histories.  The new ordinance will go into effect on… more

Department of State Updates “Close Familial Relationship” definition for Executive Order 13780 based on Hawaii District Court Ruling

On July 17, 2017 the Department of Homeland Security (DHS) and U.S. Department of State (DOS) announced updates regarding the implementation of President Trump’s Executive Order 13780, in response to a ruling by the U.S. District Court… more

Is Your Culture Putting Your Firm At Risk?

While I acknowledge the vital role that culture plays with respect to defining each law firm’s working environment, creating expected behaviors, and establishing a “glue” among the lawyers, I am increasingly seeing law firms where… more

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

On July 13, the FCC issued a second notice of inquiry, following its March 23 adoption of a notice of proposed rulemaking, aimed at protecting consumers from robocalls. The rulemaking proposes express authorization for carriers to… more

Republican lawmakers move forward on CRA resolutions to override CFPB arbitration rule

House and Senate Republicans announced yesterday that they are sponsoring Congressional Review Act resolutions to override the CFPB’s final arbitration rule, which was published in the Federal Register… more

PILLOW TALK: A Threat to Trade Secrets?

It turns out that, even in romantic relationships, some things are best kept secret. On July 7, 2017, Teva Pharmaceuticals USA, Inc. filed a complaint in the Eastern District of Pennsylvania alleging that a former executive disclosed… more

Clarence Darrow, the Scopes Monkey Trial and Leadership

Today we honor one of the ‘Trials of the Century’ from the 20th century, as on this day in 1925, the Scopes Monkey Trial ended with defense attorney Clarence Darrow giving one of his greatest closing arguments, asking for his client to… more

Business Litigation Alert - "Enterprise Products v. ETP: No Legal Obligation really means No Legal Obligation"

A Texas Court of Appeals ruled this week that when companies agree in writing that they have no legal obligations to proceed with a project, they mean it. That may appear to be a simple concept but a jury came to a different conclusion… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

At Goodwin, we use law to achieve unprecedented results for our clients. Our 900 plus lawyers across the United States, Europe, and Asia excel at complex transactions, high-stakes litigations and…

[ About | Legal Updates ]

Watch This