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European Union (Withdrawal) Bill Received First Reading in Parliament
The European Union (Withdrawal) Bill (the “Repeal Bill”), which will end the supremacy of EU law in the UK by repealing the European Communities Act 1972 and will prepare the UK’s legislative framework after its withdrawal, has… more
DoD IG Report Highlights Flaws in DLA Compliance with Buy American Act and Berry Amendment
A recent report from the Department of Defense (DoD) Inspector General (IG) identified a number of significant flaws regarding the Defense Logistics Agency’s (DLA) compliance with the Buy American Act (BAA) and the Berry Amendment… more
Additional 15,000 Visas for H-2B Temporary Nonagricultural Workers for FY 2017
Effective upon publication by the Federal Register on Wednesday, July 19, 2017, the Department of Homeland Security (DHS) has authorized the one-time issuance of an additional 15,000 H-2B visas for Temporary Nonagricultural Workers… more
Arrangement Fee Clauses in German Loan Agreements ruled invalid by German Federal Court
The German Federal Court issued a series of groundbreaking rulings on July 4, 2017. Arrangement fee clauses in German law loan agreements are invalid if they are included in general terms and conditions set by the lender. Borrowers are… more
USCIS Releases New Form I-9
On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. Employers may use either the revised form or Form I-9 with revision date of 11/14/16N… more
Defence & Indemnity - June 2017 : Insurance I. INSURANCE ISSUES D. Insurance Corp. of British Columbia v. Lloyds Underwriters, 2017 ONSC 670, per Penny, J. [4229]
The “lessee” or “renter” of a leased or rented vehicle for the purposes of auto insurance priority legislation is determined on the basis of who the lease/rental company can look to for payment. Insurance Corp. of British Columbia… more
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 reached a settlement with Royal Bank of Scotland Group plc, related companies and specifically named… more
This Little Light of Mine — Developments Affected by Rights to Light
What right? What light? Whose right? Simply put, a right to light benefits the owners or occupiers of residential or commercial buildings and allows them to receive sufficient natural light through windows or apertures. It is not a… more
Lessons From the CoinDash Initial Coin Offering Hack
On July 17, 2017, the CoinDash initial coin offering (ICO) was hacked within minutes of its launch, resulting in numerous potential purchasers sending their money to a fraudulent address. The hack has raised many questions about the… more
Will Employers Be Forced To Accommodate Employees Who Test Positive For Marijuana?
On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless of the… more
New Harassment Checklists From The EEOC
A year ago, I wrote about a report from an EEOC Task Force on risk factors for workplace harassment. Well the Select Task Force on the Study of Harassment in the Workplace continues studying away and has issued some new materials… more
Policyholders (and the Courts) Continue to Ignore Section 1123 When Analyzing Insured v. Insured Exclusions
Last month the United States Court of Appeals for the Sixth Circuit issued its anticipated decision in Indian Harbor Insurance v. Zucker, affirming a 2016 decision from a federal district court in Michigan that an Insured v. Insured… more
Who has Standing to Oppose or Cancel My Trademark?
The first question in any trademark opposition or cancellation proceeding is likely a question of whether the opposer (for opposition proceedings) or petitioner (for cancellation proceedings) has standing to pursue the action. The… more
FTC Warns 11 Companies Over Made in USA Claims
It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims. With the… more
USA Employer Eligibility Verification – Form I-9 Updates – Immediate Release
Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. While the I-9 Update makes… more
My long running issues against self-directed brokerage accounts
I used to joke that the only clients that used to ask about self directed brokerage accounts were medical practices and law firms. I stopped telling the joke when so many advisors told me that was the truth. My opinion about self… more
State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality Management District’s Proposed Cap (and-No-Trade)
As posted in CEQA Chronicles, on July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030. Cap-and-trade is a key program in the state’s efforts to meets its… more
Tips for Drafting Executive Employment Agreements -Tip #2 – Severance Conditions
This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be multiple… more
UK arbitration news round-up
Our arbitration news round-up includes commentary on the following: - The "Brexit effect" on London as a dispute resolution centre. - Recent gender statistics show more women arbitrators appointed. - ICC report on use… more
Tax Court Rejects IRS’ Position in Rev. Rul. 91-32
Grecian Magnesite Mining, a Greek corporation (GMM), owned an interest in Premier Chemicals LLC, a Delaware limited liability company classified as a partnership for US income tax purposes (Premier). Premier conducted a trade or… more
OCC FinTech Charter in Trump Administration Cards
If you are wondering about the prospects of the OCC FinTech national bank charter under the Trump Administration, we got a sign yesterday. In his remarks to the Exchequer Club in Washington, D.C., President Trump’s Acting Comptroller… more
How to Keep it Brief: The No. 1 Secret to Shortening Your Meetings
No one likes sitting in a meeting any longer than necessary. So here’s the best kept secret for shortening a meeting: bypass debate on non-controversial motions… more
Temporary Worker Not Entitled To Leave As A Reasonable Accommodation
The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for time off as… more
How Employers Can Avoid California Labor Code Section 925
Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With creative… more
[Audio]Everything Compliance-Episode 14
Show Notes for Everything Compliance-Episode 14 Topics from Matt: 1.Trump Administration & FCPA enforcement— we have two declinations now; maybe a compare-and-contrast, and speculation on what a tough Trump Admin enforcement… more
Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA
Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that markets… more
Maine Court Holds That Expert Testimony is Required to Prove Causation in Legal Malpractice Action
Brooks v. Lemieux, 2017 WL 1056194 (Me. 2017) - Brief Summary - The Maine Supreme Judicial Court recently held that expert testimony based on supporting facts in the record was required to prove causation between an attorney's… more
MoFo IP Newsletter - July 2017
Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a domestic… more
NYC Consumer Affairs Department Adopts Final Rules on Freelance Isn’t Free Act
Hiring parties should review their current independent contractor agreements to ensure compliance with the adopted rules… more
Dialware Communications, LLC v. Hasbro, Inc. (C.D. Cal. 2017)
In the U.S. District Court for the Central District of California, Dialware Communications sued Hasbro, Inc. alleging that Hasbro's Furby toys infringe on five patents: U.S. Patent Nos. 7,183,929 (the "'929 Patent"), 7,383,297 (the… more
USCIS Unveils New Form I-9s Like Apple Unveils iPhones
Just as employers began getting comfortable with the “new” Form I-9 unveiled in November of last year, the U.S. Citizenship and Immigration Services (“USCIS”) released yet another revised Form I-9 to be used for employment eligibility… more
Massachusetts SJC: Medical Marijuana Users May Be Safe from Employer Discrimination
In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship… more
Top Ten International Anti-Corruption Developments for June 2017
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This… more
Financial Services Weekly News - July 2017 #2
Editor's Note - In This Issue. After making a splash with the finalized version of its Arbitration Rule, the Consumer Financial Protection Bureau (CFPB) proposed temporary adjustments to the reporting requirements for banks and… more
Trump to Nominate SEC Commissioner
On July 18, 2017, President Donald Trump announced his intent to nominate Ms. Hester Maria Peirce as a Commissioner of the Securities and Exchange Commission for the remainder of a five-year term expiring June 5, 2020… more
Massachusetts High Court Concludes that State Anti-Discrimination Laws Protect Medical Marijuana Users
In May 2017, we reported on Callahan v. Darlington Fabrics and the Moore Company, a Rhode Island Superior Court decision that applied workplace anti-discrimination protections to medical marijuana users. Massachusetts has now joined… more
Massachusetts SJC Extends Job Protections to Medical Marijuana Users
In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim of… more
Is It Time to Update Your Contract's SSAE Audit Language?
The latest update to the Statement on Standards for Attestation Engagements (SSAE)—a set of standards applying to compliance reporting, issued by the Auditing Standards Board (ASB)—came into effect recently. If your contract requires… more
California Environmental Law and Policy Update - July 2017 #2
Environmental and Policy Focus - California Legislature’s vote on cap-and-trade program extension delayed - Los Angeles Times - Jul 13 - Governor Jerry Brown and legislative leaders introduced a proposal Monday to… more
Significant Cuts Proposed to Medicare Payments for 340B Drugs
As part of the CY 2018 proposed updates to the Medicare Hospital OPPS, the US Department of Health and Human Services has proposed to decrease Medicare Part B payments to hospitals for 340B drugs by almost 30 percent. The cut in… more
EPA Fails to Justify Its Use of Surrogates for Certain Hazardous Air Pollutants
July 18, 2017, the D.C. Circuit Court of Appeals remanded EPA’s MACT standards for PCBs, polycyclic organic matter, and hexachlorobenzene to EPA. Rather than setting specific MACT standards for these compounds, EPA regulated them… more
NAFTA Renegotiations: Status update
The United States, Canada, and Mexico each are moving ahead with preparations for the renegotiation of the North American Free Trade Agreement (“NAFTA”), with the first round of talks to take place in Washington from August 16-20. All… more
Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose
Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a construction… more
[Webinar] Post-Sales Restrictions After Impression Products v. Lexmark - August 2nd, 10:00am PT
The United States Supreme Court recently decided that a patent owner’s authorized sale of a patented item exhausts all patent rights to that item in Impression Products v. Lexmark International. Although this forecloses patent… more
CFPB announces final Arbitration Agreements Rule: what it prohibits, what it requires, and what's next
The Consumer Financial Protection Bureau has published its final Arbitration Agreements Rule (10 CFR § 1040, et seq.), prohibiting mandatory arbitration provisions and class action waivers in consumer financial services contracts… more
German Co-Determination Laws are Compliant With EU Law
July 18, the European Court of Justice (ECJ) followed the Advocate General`s motions to hold German laws on Employee Representation on Board Level do not violate EU law. Thus, the exclusion of all employees of global group entities… more
The Impact of TC Heartland: Motion to Challenge Venue Waived Where Defendant Failed to Bring Motion with Other Rule 12(b) Motion
After this patent infringement action was filed, the defendant, BigCommerce, filed a motion to dismiss for failure to state a claim for relief pursuant to Fed.R.Civ.P. 12(b)(6). BigCommerce did not file a motion to transfer or to… more
Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts
In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation in the… more
The Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” (Ukrainian)
On 19 July 2017, comes into force the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” dated 23 March 2017. The Law stipulates that the imprint of… more
The Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs”
On 19 July 2017, the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” dated 23 March 2017 comes into force. The Law stipulates that the imprint of a… more
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