Latest Updates

As Feds Talk, States Act: A Survey of Recent State Actions to Rein in Drug Prices

While Congress and the White House continue to make statements about the need to rein in drug costs, several states are enacting legislation or regulations that offer the greatest opportunity to remake practices that are often depicted… more

Derivative Complaints By Creditors Against Chapter 7 Trustees – They Don’t Tend To Go Very Far

In a decision signed July 17, 2017 in the Our Alchemy, LLC bankruptcy (case 16-11596), Judge Gross of the Delaware Bankruptcy Court granted a trustee’s partial motion to dismiss a complaint, holding that a creditor cannot assert… more

Rules To Come? Future Regulatory Agenda For OSHA

It’s that time of year again…when the federal government tells the regulated community what types of rulemaking initiatives that various agencies are undertaking for the year. Yesterday, the semiannual regulatory agenda was published… more

What to Do Now About the New CFPB Rule on Arbitration?

What to do now about the new CFPB rule on arbitration? (1) begin planning now and (2) begin actual preparation after the 60 days runs. Congress has 60 days after publication of the new CFPB rule to take action to stop the… more

Department Of Labor To Rescind 2011 Tip Pooling Regulation

Yesterday the Trump Administration, through the Office of Management and Budget’s Office of Information and Regulatory Affairs, released the federal government’s semi-annual Unified Agenda of Regulatory and Deregulatory Actions. This… more

NLRB Nominees Kaplan, Emanuel Advance To Senate Vote

Marvin Kaplan and William Emanuel, President Trump’s nominees to fill the two vacant seats on the National Labor Relations Board, cleared another hurdle Wednesday by making it out of the Senate Health, Education, Labor and Pensions… more

AGG Food and Drug Newsletter - July 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more

CFPB Rules Permitting Consumer Class Actions Against Financial Institutions Set to Take Effect Absent Action by Congress

In 2016, the Consumer Financial Protection Bureau (CFPB) announced that it was seeking public comment on proposed rules that would limit the effect of mandatory arbitration clauses for consumer finance transactions and allow consumers… more

California post-2020 GHG Regulation Debate: Compromise Passed Both Houses with a Two-Thirds Vote

To achieve its goals of reducing greenhouse gas (“GHG”) emissions linked to global warming, California relies upon a number of programs and policies, including a system of capping total GHG emissions from regulated source, but allowing… more

Coherus Challenges One AbbVie Humira Patent In Four PTAB Proceedings

I’ve written previously about sequential PTAB challenges to the same patent, but the dispute between Coherus Biosciences Inc. and AbbVie Biotechnology Ltd. has engendered six Inter Partes Review proceedings against the same Humira… more

Design Patents at the PTAB?

In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly. But practitioners may not appreciate that design patent validity can be attacked using inter… more

CMS Proposes Reimbursement Reduction for 340B Drugs

When CMS issued its proposed rule for OPPS and ASC Payment System on July 13, the agency included a proposal to substantially scale back reimbursement for Part B drugs to hospitals participating in the federal 340B Drug Discount… more

Final New York Paid Family Leave Regulations Released: What Employers Need To Know

The Workers’ Compensation Board adopted the final regulations for New York’s new Paid Family Leave Benefits Law (PFL) on July 19, 2017. Final Regulations were issued previously by the Department of Financial Services on May 16, 2017… more

Hate Those EEOC Regs? Here’s Your Big Chance!

In February, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which directs federal agencies to establish regulatory reform task forces to make recommendations about repealing, replacing, or… more

FTC Announces Reforms to Civil Investigative Demands

The Federal Trade Commission (FTC) recently announced reforms to its internal processes to streamline information requests and improve transparency in Commission investigations. Quick tutorial — the FTC may issue Civil Investigative… more

NY Court Rules That Class Action Waivers Are Unenforceable

While pundits and practitioners eagerly await the U.S. Supreme Court’s looming decision on whether class action waivers in employment-related agreements violate the National Labor Relations Act (NLRA) – which will not be issued until… more

Amazon Tips Its Hand With New Trademark Application

As you likely know, Amazon is taking the world by storm. Whether it is through its convenient offering of household goods, and pretty much anything else you can imagine, to your door, or through its expansive selection of movies and… more

Deficient Administrative Record Leads Federal Court to Vacate 15-Year Debarment

A recent federal court decision vacating a staggering 15-year debarment based on shortcomings in the administrative record offers a glimmer of hope to contractors facing exclusion from federal programs, and reinforces the importance… more

Should You Record Internal Investigation Interviews?

As a former federal prosecutor, I noticed a renewed discussion of the important question of whether witness interviews should be recorded (either audio or video). I have always found this issue to be interesting and have welcomed… more

The State AG Report Weekly Update

Consumer Protection- 14 AGs Oppose Rollback of FCC Net Neutrality Protections- 14 Democratic AGs, led by Illinois AG Lisa Madigan, submitted comments urging the Federal Communications Commission (“FCC”) to ensure open access to… more

Ruling Leaves Local Public Agencies Open to Legal Actions Asserting Wasteful Government Spending by Non Property Owners

Cherrity Weatherford, who was a resident of the City of San Rafael in Marin County, rented (but did not own) property in the City. Although Weatherford’s vehicle was not impounded, she nonetheless took issue with the City’s and… more

Hedging Bets On Social Security

If you have been reading the news lately, we have seen lots of electronic ink spilled over entitlement programs, especially Medicaid and its role in health care reform. Meanwhile, the report of the Trustees of the Social Security Fund… more

Be Careful When Using Biometric Information

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner..… more

Ontario Court Overturns Quarry Licence Due to Government Failure to Adequately Consult First Nations

The Ontario Divisional Court (Court) has set aside a quarry licence issued to a private company on the basis that the Ontario government failed to fulfil its constitutional obligation to consult with local First Nations impacted by the… more

Another San Francisco Treat: Mayor Lee Signs Salary History Ban

On July 19, 2017, Mayor Ed Lee signed an ordinance that will significantly affect the hiring practices of San Francisco employers. When Ordinance No. 170350 becomes operative on July 1, 2018, it will be illegal for employers to inquire… more

Ashley Madison Settles Data Breach Case for $11.2M

Ashley Madison, which suffered a data breach in 2015 involving the loss of 37 million users’ personal and financial information, has settled the suit for $11.2 million… more

Update: NYC Adopts New Rules Implementing Freelance Law

Earlier this year, we reported that New York City adopted The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”). As explained in our prior blog, under the Freelance… more

Big 5 Sporting Goods Sued by EEOC for Racial Harassment

Black Employee Taunted with Racial Slurs and Death Threats, Federal Agency Charges - SEATTLE - One of the Western United States' largest sports retailers, Big 5 Sporting Goods, violated federal law when it allowed ongoing racial… more

EPA’s Regulatory Agenda Includes TSCA Section 8(a) Nanomaterials Rule with TBD Effective Date

On July 20, 2017, the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions. The Agenda includes a U.S. Environmental Protection Agency (EPA) item (RIN 2070-AJ54) concerning the Toxic Substances… more

Workplace Harassment 101

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to those… more

ACA Compliance Validation (ACV) System: Ready for Prime Time?

ACA “repeal” proposals at this point seem like zombie extras – walking dead, and none of them purports to repeal employer mandate taxes that accrued in 2015. Collection is coming; only the timing is in question. ACV 2.0 is the… more

Channel Disruption & the Future of Food: Radical Change and New Consumer Channels

With the recent announcement that Amazon is buying Whole Foods, issues of channel disruption — that is, the ways consumers purchase food — have been on the forefront of people’s minds. On June 1, at DWT’s annual food and beverage… more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the… more

Utah Considers Charter School Eminent Domain Issues

The Utah legislature is considering policy changes regarding the acquisition of land for new charter schools and further expansions of existing schools. Specifically, there currently is uncertainty as to the eminent domain powers of… more

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

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