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Supreme Court Rules on Cheerleader Uniform Case

On March 22, 2017, the Supreme Court rendered its decision in what many refer to as the cheerleader uniform case. Star Athletica, LLC v. Varsity Brands, Inc…more

How Long Do Criminal Cases at the Illinois Supreme Court Remain Pending?

Yesterday, we began our review of lag times at the Illinois Supreme Court with a review of the Court’s civil cases from 2010 to 2016. Today, we turn our attention to the Court’s criminal cases. We have grant-to-oral argument date…more

4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate

A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS (M.D. Fla…more

Supreme Court Bars Laches Defense, Leaves Statute of Limitations in Patent Suits

One more Federal Circuit decisions bites the dust. Today, in SCA Hygiene Products AB v. First Quality Baby Products, LLC, the Supreme Court held that the equitable doctrine of laches (undue delay) cannot be invoked as a defense…more

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer in a Title…more

European Parliament Publishes Report on Fifth Money Laundering Directive Proposal

On March 9, 2017, the European Parliament published a report on the Fifth Money Laundering Directive (MLD5), this being the same report adopted by the Parliament’s Economic and Monetary Affairs Committee (ECON), as well as Parliament’s…more

Burr Alert: Lenders Beware: 11th Circuit holds borrower’s false oral statement regarding single asset does not provide basis for non-dischargeability action under § 523(a)(2)(A)

Section 523(a)(2) of the Bankruptcy Code is clear that a debtor can discharge a debt for money obtained by a false statement respecting the debtor’s financial condition unless that statement is in writing. What hasnot been clear is…more

Maybe 2018 Will Be the Year We Finally See How the California Safer Consumer Product Regulations Will Work in Practice? Spray Polyurethane Foam May Be First Up at Bat

DTSC has released the rulemaking for its second selected “priority product” which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates. This is a product that is actually manufactured and sold in California…more

VIE Validity Still Unsure - It may be premature to conclude that the decision of China’s Supreme People’s Court in last year’s Ambow case provides legal cover for variable interest entity structures

A 2016 judgment (the “Judgment”) made by the Supreme People’s Court of China (the “Supreme Court”) was believed by some scholars and practitioners to confirm judicial recognition of the VIE structure. We believe the Supreme Court did…more

Employers Closely Follow Gorsuch Confirmation Hearing as He May Cast Deciding Vote on Validity of Class Action Waivers

March 22, 2017 marks the third day of the confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch. Many employers throughout the Carolinas are watching the process with interest given the impact Judge Gorsuch would have on…more

Legal and Compliance Coordination – An Essential Foundation to an Effective Compliance Program (Part IV of IV)

Here is a profound grasp of the obvious – Lawyers can be difficult people. Some like to condemn the profession in its entirety (and carry with them a collection of lawyer jokes). As an attorney, I beg to differ. Many professions…more

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior general…more

It’s OFCCP Audit Time! Six Questions Contractors Should Ask Themselves

Starting February 17, the Office of Federal Contract Compliance Programs began mailing Corporate Scheduling Announcement Letters to approximately 800 contractor establishments. CSALs are notices sent to contractors advising them that…more

Disputed Federal Regulatory Duty Allows Federal Question Removal

As we’ve mentioned before, we watch state-law litigation over genetically-modified organisms (“GMOs”) because they tend to produce interesting results on federalism issues such as preemption, since anti-GMO zealots often try to…more

The Browns Employ Creative Use of NFL Salary Cap Structure For Future Success

In a league well known for the copycat tendencies among its franchises, the Cleveland Browns may have set a new National Football League (NFL) standard for evaluating and completing trades. After flirting with a 0-16 season in…more

March 2017: Client Alert

2016 Proof of Health Insurance: the Form 1095 Wrinkle - Under the current Affordable Care Act (ACA), all Americans must have health insurance. If you receive your health insurance through the ACA marketplace or from your…more

Seniors and Falls: A Growing, Preventable Problem

The No. 1 cause of injury to U.S. seniors are falls. They happen at unimaginable rates. A member of the elderly population receives treatment in an emergency room every 11 seconds because of a fall. Someone age 75 or older dies from a…more

Needle Phobia Creates A Sticky Situation Under ADA

The Second Circuit was “on point” when it reminded us about an old proposition in a brand new way this week. In the case of Stevens v. Rite Aid Corporation, the panel held that Rite Aid was justified in terminating a pharmacist with a…more

KCAB Celebrates Its Golden Jubliee with Expansion to Los Angeles

For court reporters, especially those working internationally, no two days are ever the same. We could be working on anything from an arbitration about plastic surgery, a court case about corruption, a deposition about chipset patents…more

Crowdfunding or Private Placement Memorandum?

Spurred by the frenzy of mid-century modern furniture of the 1950s and 1960s returning in popularity, a growing number of collectors are investing in and holding vintage furniture. Capitalizing on that craze, N. Stile Sune’s start-up…more

Shzoom Requests the Federal Circuit Reissue Trading Technologies as Precedential Opinion

On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int’l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter. The court designated the opinion as…more

21st Century Data Breaches: Not All Fun and Games

Data breaches can occur in the most surprising places. When data breaches affect sensitive, private information—especially those of children—companies can face scrutiny from regulatory agencies and be exposed to civil (and perhaps even…more

Dodd-Frank Act Reforms

In his first weeks in office, President Trump has taken steps to undo or alter major components of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). These include delaying implementation of the “Fiduciary…more

Sears and the Going Concern Footnote

Traditionally, there has been no guidance in US GAAP about management’s responsibility to evaluate whether there is substantial doubt about an entity’s ability to continue as a going concern or to provide related footnote disclosures…more

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in Judicial Decrees?

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and reallocation of water…more

Wiener’s Streamlined Infill Housing Approvals Legislation Continues to Move Forward

We reported in December that State Senator Scott Wiener marked his first day in state office by introducing legislation (SB 35) to address barriers to housing production. Senator Wiener has introduced amendments to SB 35 that would…more

Morocco back home; the Moroccan flag flies high in front of the African Union

We continue our Africa Stand Up series with a short piece on what has to be the unsung giant impacting Sub-Saharan Africa. On 13 March 2017, the Moroccan flag was officially raised in a ceremony at the African Union (AU) headquarters;…more

Texas Court Holds Mere Possession and Opportunity to Use Trade Secrets is Sufficient for Misappropriation

The San Antonio Court of Appeals recently held that an applicant for a temporary injunction in a trade-secret-misappropriation case under the Texas Uniform Trade Secrets Act is not required to show the defendant is actually using…more

The Siege Continues: The Justice Department is Investigating Four Additional Medicare Advantage Plans

In our prior blog post, we reported that, at the request of the federal Department of Justice, the FCA qui tam whistleblower lawsuit in the case of United States ex rel Benjamin Poehling v. United HealthGroup, Inc., et. al. was…more

Take Special Care – Amendments to the Special Administration Regime

On 6 April 2017, together with the new Insolvency Rules (England and Wales) 2016, the Investment Bank (Amendment of Definition) and Special Administration (Amendment) Regulations 2017 (the “Regulations”) will come into…more

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible extraterritorial…more

A Mixed Bag for Kyle Bass: Three Wins and Eight Losses at the PTAB

Over the past two years, hedge fund manager Kyle Bass has continued his efforts to invalidate biopharma patents through inter partes review (“IPR”). Over the past month, he received eleven final written decisions from the PTAB. The…more

Son of Noel Canning? Worst Blog Title Ever? Supreme Court Takes Another Shot at NLRB Vacancy History

How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President Obama’s…more

Partner and Firm Profitability in 3 Steps: Plan, Monitor, Bill (Part 2)

Inextricable - In part 1 of this series, we looked at macroeconomic trends in the legal market, including: flat-to-negative demand growth; rapid growth of the alternative legal service provider (ALSP) market as a result of firms…more

Doctrine of Laches Does Not Apply to Patent Damages

The Supreme Court of the United States in a 7-1 decision held that patent defendants cannot assert the defense/doctrine of laches to shorten the six-year statute of limitations for damages claims for patent infringement. SCA Hygiene…more

Theft of confidential information results in only nominal damages for employer

An employer was awarded only nominal damages from former employees who copied the employer’s confidential information but made no use, or limited use, of that information and did not cause any damage to the employer. So called "Wrotham…more

Tenant insolvency - Is there merit in a further moratorium?

The recent spate of high-profile company voluntary arrangements (CVAs), including those of BHS, Store 21 and more recently Love Coffee, The Food Retailer Group and Blue Inc, has placed this corporate rescue tool back in the spotlight…more

Can Reworking a Saltwater Disposal Well Maintain a Lease?

Should the sufficiency of reworking operations under the cessation-of-production clause of an oil and gas lease be limited to the producing well? Crystal River Oil and Gas, LLC et al v. Patton was a suit to terminate an oil and gas…more

Ultracare Las Vegas Settles EEOC Sex Discrimination Lawsuit

Placement Agency Fired Male Employee Because Of His Gender, Federal Agency Charged - LAS VEGAS - Ultracare Las Vegas, an ultrasound technician provider, will pay $15,000 and furnish other relief to settle a sex discrimination…more

Audit Letters Are In The Mail

As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters initiating audits…more

Supreme Court Holds Laches May Not Bar Patent Infringement Damages Within 6-Year Statutory Limitations Period

The United States Supreme Court announced today that laches, an affirmative defense based on an injured party’s delay in bringing suit, may not bar patent infringement damages within the six-year period under § 286 of the Patent Act…more

New Executive Order Directs Federal Agencies to Trim The Fat

Seyfarth Synopsis: President Trump’s executive order directs all federal agencies to point out where they can be trimmed down to meet his proposed budget. On Monday, March 13, President Trump signed Executive Order 13781 (EO)…more

OMB Claims Federal Progress on FISMA in 2016 But Much Work Remains

Earlier this week, the White House Office of Management and Budget (“OMB”) issued its 2016 Federal Information Security Modernization Act (“FISMA”) Annual Report. FISMA (last amended 2014) charges OMB with tracking the extent to which…more

Brexit ahead for TMT …8 months on

Eight months ago, just before the Referendum, I anticipated the implications of a Leave vote for the sector. Today sees the publication of the first results of the Hogan Lovells "Brexometer", which will track the attitudes of global…more

[Video]Everything Compliance-Episode 9, DOJ Evaluation of Corporate Compliance Programs, Part II

This episode is dedicated to the Justice Department’s Evaluation of Corporate Compliance Programs, which was released in February. In this episode, Jay Rosen and Jonathan Armstrong provide next insight. Listen to last week’s Episode 8…more

Court Uses an "In Camera" Review for Purposes Other than Privilege or Work Product Assessment

Adversaries challenging litigants' privilege or work product assertions necessarily "shadow box" with the litigants -- because the adversaries cannot see the withheld documents. Courts often review such withheld documents in camera to…more

Price Setting Bots Aren’t Price Fixing Bots, and Airline Tariff Publishing is Wrong

On Thursday, March 16, 2017, in a speech at the Bundeskartellamt’s 18th Conference on Competition, European Commissioner for Competition, Margrethe Vestager, discussed the specter of automated price fixing cartels. She mentioned the…more

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in large…more

Supreme Court Decides SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC

On March 21, 2017, the Supreme Court of the United States decided SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927, holding that a defendant cannot invoke laches against a damages claim asserted within…more

Federal District Court Dismisses CFPB Enforcement Action Against Payment Processor; UDAAP Not Sufficiently Pled

A federal district court judge for the District of North Dakota has granted a payment processor's motion to dismiss an enforcement action brought by the Consumer Financial Protection Bureau (CFPB or Bureau). This is one of a few…more

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