Latest Updates

Sabre Appeals to the Second Circuit After $15M Jury Verdict for US Airways

Last week, Sabre filed its principal brief on appeal to the Second Circuit Court of Appeals, seeking to overturn the jury’s verdict of $15 million and find for Sabre or, in the alternative, grant a new trial in US Airways Inc. v. Sabre… more

Samsung Bioepis and Merck & Co. Launch Renflexis, A Lower-Priced Competitor to Inflectra

Merck & Co. and Samsung Bioepis announced today the U.S. launch of Renflexis (infliximab), a biosimilar of Janssen’s Remicade. Renflexis was approved on April 21 by the FDA for all eligible indications… more

Grecian: Tax Court Rejects IRS Ruling - Five Things You Need to Know

On July 13, 2017, in Grecian Magnesite Mining, Industrial and Shipping Co. SA v. Commissioner (149 T.C. No. 3 (2017), the U.S. Tax Court concluded that gain recognized by a foreign corporation upon redemption of its interest in a… more

SEC Updates Regulatory Flex Agenda, Tables Dodd-Frank Rules on Executive Compensation Disclosure

The SEC’s semi-annual update of its rulemaking docket was released on July 20. Overall, the SEC has cut its rulemaking agenda by about half under the Trump administration. A number of long-anticipated Dodd-Frank rulemakings on… more

Labor & Employment E-Note - July 2017

Employers who have been anxiously awaiting an answer as to whether the Department of Labor (“DOL”) will continue to defend the Obama Administration’s controversial overtime rule that was temporarily blocked by a federal court finally… more

Change is Coming: China Proposes New Export Control Law (IRB No. 563)

Export control appears to be an overlooked area in China for years. Up until now in China, more focus was placed on the import side of international trade, which provides around one-third of the total revenue for the Chinese… more

4 Things Most People Get Wrong About Seconds

So, your meeting is rolling along fine. The chairperson begins on time and the preliminaries are dealt with in short order. The first topic on the order of business arrives, and the chairperson recognizes a member who makes a motion… more

House Judiciary Subcommittee to Consider Sensenbrenner Bill on July 25, 2017

The No Regulation Without Representation Act of 2017 (NRWRA) is scheduled for a hearing before the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law on Tuesday, July 25 at 10:00 am EDT in 2141 Rayburn… more

Why Not All Purchasers Are Buyers

Modern English is partially the product of an unnatural grafting of French onto Old English. It is for this reason that we often find two words for nearly the same thing. Thus, we call the animal a cow but the food beef. The… more

Senate to Vote on Motion to Proceed to Debate Healthcare Reform

Following a week in which Senate Republican healthcare reform plans shifted from Affordable Care Act (ACA) repeal and replace, to repeal only, to uncertain, the Senate is expected to vote tomorrow, July 25, 2017, on a motion to proceed… more

The Triumphant Return of Tip Pooling: DOL Announces Repeal of 2011 Regs

In a welcome sea change for the hospitality industry, the U.S. Department of Labor (DOL) announced on July 20, 2017 that it would repeal the Obama administration’s 2011 regulations that severely curtailed tip pooling. The DOL further… more

House likely to pass H.J. Res. 111 today to override CFPB Arbitration Rule

Yesterday at 5:00 p.m., the House Rules Committee, by a 9-4 partisan vote, reported a rule on H.J. Res. 111 with a recommendation that the resolution be adopted. H.J. Res. 111 provides for Congressional disapproval under the… more

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage extends… more

Five Workforce Management Challenges in Unprecedented Times - Take 5 Newsletter - July 2017

Employers across all industries are deep in the midst of exciting but unchartered and fluid times. Rapid and unforeseen technological advancements are largely responsible for this dynamic. And while there is a natural tendency to… more

Premium Processing Resumes for Cap-Exempt H-1B Employers

Seyfarth Synopsis: On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would resume premium processing for H-1B petitions for certain cap-exempt employers effective immediately… more

Checklist for Strengthening Your Defenses to 401(k) Plan Class Actions

The last ten years have seen a proliferation of high-profile class actions alleging breach of ERISA fiduciary duties of prudence and loyalty against plan fiduciaries. The claims are usually based upon alleged excessive investment… more

FTC enforcement under new leadership to focus on consumer harm, fraud

Based on a Law360 article reporting on an interview with Thomas Paul, the Acting Director of the FTC Bureau of Consumer Protection, it appears that under its new leadership, the FTC will take a less aggressive approach to enforcement… more

DOJ Puts Website Accessibility Regulations on Inactive List

Retailers and other businesses that have been waiting for the Department of Justice (“DOJ”) to promulgate regulations concerning website accessibility under Title III of the Americans with Disabilities Act (the “ADA”) will now have to… more

Anonymous Poster of Defamation Unmasked

Anonymity on the Internet has encouraged some to feel they live in a culture that feels no responsibility for what might be posted and where there may be no consequences for what one posts. That is, however, not the case as seen in… more

Lawsuit Against “Drone Slayer” Dismissed

The federal district court for the Western District of Kentucky dismissed a lawsuit filed by a UAS pilot, David Boggs, against the “drone slayer” William Meredith. In 2015, Meredith shot down Boggs’s UAS while it was flying over… more

USCIS Resumes Premium Processing for Certain Cap-Exempt H-1B Petitions

On Monday, July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) released an update detailing how it will resume premium processing for certain cap-exempt H-1B petitions… more

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which would… more

Fame, reputation and a med school dean’s secret life

Although smaller community hospitals may provide treatments that are as good and as safe, Americans flock to academic medical centers for specialized care and complex procedures. They’re lured to the big, pricey institutions by their… more

FDIC adopts revised guidelines for appeals of material supervisory determinations

Effective July 18, 2017, the FDIC has adopted amendments to its Guidelines for Appeals of Material Supervisory Determinations.  The FDIC proposed the amendments last August and received only two comment letters, one from a trade… more

When A Police Stop Is Not A Stop

Yesterday the Second Circuit, in United States v. Huertas (15-4014) weighed in on the question of when a suspect’s brief encounter with police can support a finding that the suspect was “seized” within the meaning of the Fourth… more

Pipeline Partnership Verdict Reversed

Enterprise Products Partners, L.P. et al v. Energy Transfer Partners, L.P. et al reversed one of the largest jury verdicts in Texas history. You will like this decision if..… more

The Top Eight Things You Should Be Doing to Protect Your Business from Cyber Threats

Cyber threats take many forms. The wide-spread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted how… more

Appellate Court Nixes Employee Arbitration Agreements

By Decision dated July 19, 2017 (the “Decision”), the Appellate Division, First Department (the “First Department”) (which has jurisdiction over Manhattan and Bronx) held that arbitration agreements obligating employees to waive their… more

Hong Kong court appoints receivers to preserve assets in aid of arbitral proceedings in China

The Hong Kong High Court has appointed receivers over shares in a Hong Kong company as an interim measure to preserve the status quo and the value of the shares, pending the outcome of CIETAC arbitration proceedings in mainland China… more

Pennsylvania AG creates Consumer Financial Protection Unit

Pennsylvania’s Attorney General, Josh Shapiro, announced last Friday that his office is creating a Consumer Financial Protection Unit “to better protect Pennsylvania consumers from financial scams.”… more

D.C. Circuit Finds That Absent Class Members May Intervene On Appeal To Pursue Rule 23(f) Petition Abandoned By Class Representative

Seyfarth Synopsis: In Harrington v. Sessions, No. 15-8009, No. 16-5285 & No. 16-5286 (D.C. Cir. July 21, 2017), the U.S. Court of Appeals for the D.C. Circuit found that absent class members may intervene in an appellate court… more

ESOPs in Iowa Gone Wrong

What is an ESOP? An Employee Stock Ownership Plan (ESOP) is an employee benefit plan designed to give company stock to its employees… more

PRI’s Private Equity Terms Guidance Focuses on Environmental, Social, and Governance (ESG) Factors

On 13 July 2017, Principles for Responsible Investment (PRI) launched guidance on incorporating environmental, social, and governance (ESG) provisions in private equity fund terms. The publication, Incorporating Responsible Investment… more

California’s Equal Restroom Access Act: 5 Facts You Need to Know

California’s Equal Restroom Access Act, which requires some establishments with single-occupancy restrooms to display signs indicating that the restroom is gender-neutral, has been in effect since March 1, 2017. Assembly Bill No. 1732… more

Health Update - July 2017

Contracting With Technology Vendors: Obligations and Compliance Strategies - Editor’s Note: In a recent webinar, Manatt Health examined how to protect privacy when communicating in the digital age. The session revealed how to… more

CMMI Focuses on Behavioral Health

CMS recently announced that the Center for Medicare and Medicaid Innovation (CMMI) is interested in lowering the cost of care for Medicare and Medicaid beneficiaries with behavioral health conditions while improving the quality of care… more

Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of Delegation Of Arbitrability To Arbitrator

In a case involving three related contracts, only one of which contained an arbitration agreement, the Ninth Circuit has held that incorporation of the rules of the International Chamber of Commerce (ICC) into an arbitration agreement… more

Georgia Adopts New Mortgage Servicing Rules

The Georgia Department of Banking and Finance has issued new mortgage servicing rules including, but not limited to, the following provisions: Definitions that generally have the same meaning as in the terms defined in Ga. Code Ann… more

Pennsylvania Office of Public Records Will Pay $60,000 to Resolve EEOC Age Suit

State Agency Refused to Hire Attorney Based on Age, Federal Agency Charged - HARRISBURG, Pa. -- The Commonwealth of Pennsylvania's Office of Public Records will pay $60,000 and costs to settle a federal age discrimination lawsuit… more

The US Tax Court Rejects IRS Position That Non-US Partners Are Taxed on Sales of Partnership Interests

The US Tax Court earlier this month issued a decision that rejected a 25-year old IRS Revenue Ruling and held that gain from the sale or other disposition by a non-US person of an interest in a partnership that is engaged in a US… more

Varnum PI Team Wins Wrongful Death Case for Family of WWII Vet

The family of a WWII veteran who died after an assault at a State-operated adult care facility will receive a $825,000 settlement from the State of Michigan… more

Another Rematch Between Tech Companies and the Government over the Territorial Reach of the Stored Communications Act

Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. to be turned… more

It’s as Suggestive as a Butter Knife for Steak

We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed immediate rights… more

New California Transgender Regulations: Employer Do's & Don'ts

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope of… more

The Effects of a Creditor’s Non-Participation in Bankruptcy Proceedings

Although not required for the res judicata analysis, the court also found that Montanaro received constitutionally sufficient notice of the debtor’s bankruptcy, the plan, and confirmation order to be bound by the plan’s terms, even… more

Payday Lenders’ Operation Choke Point Challenge Survives Dismissal

Payday lenders can move forward with their suit against federal regulators challenging the controversial Operation Choke Point, a Washington, D.C., federal court judge has ruled… more

Hirer of Independent Contractor Not Liable to Injured Contractor Employee

Seyfarth Synopsis: The California Court of Appeal upheld the Privette doctrine, holding that an independent contractor’s employee generally may not recover tort damages for work-related injuries from the contractor’s hirer… more

Lucia appeals D.C. Circuit ruling to Supreme Court

On July 21, 2017, an investment adviser sought review by the Supreme Court of the D.C. Circuit’s recent ruling in Lucia that allowed to stand a district court decision holding that SEC administrative law judges (“ALJs”) are not… more

DHS Allows One-Time Increase in H-2B Guest Worker Visas for Fiscal Year 2017

On July 19, 2017, the U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) increased the numerical limit (or “cap”) on H-2B visas by up to 15,000 additional visas through the end of fiscal year (FY) 2017. The H-2B… more

Trump Administration Plans to Ax the International Entrepreneur Rule

Last week the Department of Homeland Security announced that it would delay—and very likely withdraw—the International Entrepreneur Rule, a set of immigration regulations proposed by the Obama administration… more

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