Latest Updates

Rating Agency Developments

On April 19, 2017, Fitch issued a report entitled Airport Operating Lease ABS Rating Criteria. Release. On April 14, 2017, Fitch issued a report entitled North America and Asia-Pacific Multiborrower CMBS Surveillance Criteria… more

Union Invades the Dorm, Student Resident Advisors to Vote at GWU

Imagine having parents dropping a child off at your college and finding that there is a picket line up with the resident advisors (RAs) indicating that they are on strike against the college. Sound unreal?… more

Supreme Court Oral Argument in Sandoz v. Amgen

The Supreme Court held a 70-minute oral argument in Sandoz v. Amgen this morning. Before beginning the argument, the Chief Justice announced that the Court would give each side five extra minutes–a highly unusual step reflecting the… more

You Better Watch Your Suitability Determinations

The SEC recently announced that it charged a former broker with knowingly or recklessly trading unsuitable investment products for five customers and taking $170,000 for one of those customers. These charges follow a prior SEC Investor… more

Why Start-Ups Should Consider Trademark Registration (and what is the difference between TM and ®)

Trademarks identify the source of goods and services, and distinguish them from those manufactured, sold or offered by others. Trademarks represent quality assurance and the goodwill of a business… more

Gig Economy Game-Changer? New Florida Law Ensures Contractor Status For Drivers

The state of Florida is about to enact first-of-its-kind legislation that will ensure most ride-sharing drivers are independent contractors and not employees, eliminating costly misclassification battles and providing a massive boost… more

CFPB Director Cordray Testifies Before House Financial Services Committee

On April 5, 2017, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray testified before the U.S. House of Representatives Financial Services Committee to present the CFPB’s semi-annual report, which is available here… more

McDonald's Beats Graffiti Copyright Claims in California, But Faces New Threat over New York Street Art

McDonald’s recently prevailed on personal jurisdiction grounds in a closely-watched case in California about the use of street art as décor for restaurants in the United Kingdom, but the issue has quickly arisen again. As part of what… more

Pay Attention to Bylaws When Taking Corporate Actions

All too often, family businesses are run in an “informal” fashion, with insufficient attention being paid to corporate formalities, including requirements set forth in a corporation’s bylaws. The Delaware Chancery Court recently ruled… more

ROV-er Time – Fifth Circuit Rules that ROV Technicians are non-Seaman Entitled to Overtime under the Fair Labor Standards Act

Following up on its landmark 2014 decision in Coffin v. Blessey Marine Servs., Inc., 771 F.3d 276 (5th Cir. 2014) which concerned the applicability to tankerman of the seaman exclusion to the overtime wage provisions of the Fair Labor… more

Massachusetts Bankruptcy Court Confirms that Chapter 13 Debtors May “Strip Off” Second Mortgages

Recently in In re Guerra, the Bankruptcy Court for the District of Massachusetts joined the majority of courts in finding that United States Supreme Court’s decision in Bankof Am. v. Caulkett does not affect a chapter 13 debtor’s… more

Audit Chances

As in the past, PK Law reports on the Internal Revenue Service’s (“IRS”) data book (IR 2017-69) regarding a taxpayer’s chances of undergoing an audit. The annual data book reflects data collected during the fiscal year 2016 (“FY 2016”… more

Changes to Georgia’s Prescription Drug Monitoring Program (PDMP) Await Governor’s Signature

During the 2017-2018 Georgia General Assembly legislative session, the House and Senate voted to approve HB249, a bill that would make several changes to the Georgia Prescription Drug Monitoring Program (PDMP). HB249 was sent to the… more

Health Care Weekly Preview from ML Strategies – April 2017

Welcome back everybody. While the momentum around an American Health Care Act (AHCA) comeback is unclear, there’s no discounting that efforts are ongoing to reach a consensus among House Republicans with significant pressure from the… more

Investment Banker Charged with Insider Trading by SEC, USAO

Investment banker Avaneesh Krishnamoorthy was supposed to report his outside brokerage account and that of his wife to his firm. He did not… more

IRS Releases May 2017 Federal Interest Rates

The 7520 rate for May 2017 has decreased to 2.4%. The May 2017 Applicable Federal Interest Rates can be found here. Please see full Table below for more information… more

Back to Basics: 10 Steps to Take After Client Feedback

The only hard and fast rule we have about feedback is: “Don’t ASK unless you are willing to ACT!” It is far more damaging to ask for feedback and not address it than it is to not ask at all. As Nat shared in a recent post, your… more

Paris, the eternal city for arbitration?

The first edition of the Paris Arbitration Week commences on April 24.1 Organizers have highlighted that the event “is a great occasion to celebrate the repeated trust the actors of international arbitration have for Paris”.2  It is… more

Safety officer, fired after company loses COR certification, wins wrongful dismissal lawsuit

A safety officer whose duties included maintaining his employer’s Certificate of Recognition (COR) certification was not fired for just cause, a court has decided. The company claimed that it lost its COR certification due to his… more

Colombia to the Rescue! Deposing Witnesses in South America

In the vast continent that is South America, three giants pose a problem when it comes to depositions: Brazil, Venezuela, and Ecuador. None of these countries permits depositions. Something else this trio has in common? Neighboring… more

Victorian OHS enforcement: why change the game plan when your team is on top?

On Friday 24 March, Western Bulldogs kicked off their 2016 premiership defence with a tenacious win against Collingwood. Round 1 of the 2017 AFL season also coincided with the introduction of the WorkSafe Legislation Amendment Bill… more

Court Upholds Arbitration Award Despite Challenge To Arbitrator’s Use Of Excluded Evidence

Jersey Shore University Medical Center discharged a staff nurse employee for her actions when a female patient was assaulted by another patient in the nurse’s assigned work area. A labor organization that represents employees at the… more

The FCPA at 40 – FCPA Enforcement and the International Fight Against Bribery

In two speeches last week Department of Justice (DOJ) Acting Principal Assistant Attorney General Trevor McFadden addressed multiple topics and issues around the Foreign Corrupt Practices Act (FCPA). The first set of remarks were made… more

Changes to the Canada Pension Plan: a field guide for Ontario employers

Are you an employer who is uncertain about what you should be doing to prepare for the changes to the Canada Pension Plan (CPP)?  This guide will help you… more

Vietnam: New rules for resolving .VN disputes

Vietnam has seen a rapid surge in internet use, having one of the highest rates of increase of annual Internet users in the world. According to the Vietnam Telecommunications Authority, 52% of the population (over 47.3 million people)… more

OIG issues report on CFPB contract award controls; updated work plan includes evaluation of CFPB’s supervisory corrective action follow-up process

The Office of Inspector General for the Fed and CFPB recently issued an audit report entitled “The CFPB Can Strengthen Contract Award Controls and Administrative Processes.” The objective of the OIG’s audit was to assess the CFPB’s… more

The New England Compounding Center: The CEO of a Massachusetts Drug Company on Trial for Murder

This was really a public health tragedy . . . I re- member feeling very scared.’’ This is how Dr. Benjamin Park, a division chief at the U.S. Center for Disease Control and Prevention (‘‘CDC’’), described the deadly fungal-meningitis… more

Pennsylvania Commonwealth Court Confirms “Continuous Trigger” for Latent Environmental Property Damage Claims

In a significant decision for Pennsylvania insurance law, the Pennsylvania Commonwealth Court has ruled that a “continuous trigger” of coverage applies to long-term, latent environmental property damage claims. Specifically, in… more

OSHA Launches Campaign on Young Worker Safety

OSHA outlined employer responsibilities for keeping young workers safe, noting, “Young workers are those new to the workforce, even up to age 24. Young workers can be an asset to your workforce. However, it may be their first job or… more

Ontario Introduces A 15 Per Cent Non-Resident Speculation Tax on Certain Real Estate

On April 20, 2017, the Ontario government announced that it is imposing a 15 per cent non-resident speculation tax (NRST) on the purchase or acquisition of interests in residential property located in the Greater Golden Horseshoe… more

Deeper Dive: Phishing/Hacking/Malware Attack Remain Leading Cause of Security Incidents

During 2016, our BakerHostetler privacy and data protection team worked on data security incidents across virtually all industries. For the second year in a row, phishing/hacking/malware attacks have accounted for the largest… more

Supreme Court to Consider Fundamental Issues in Omissions-Based Fraud Cases

The Supreme Court recently agreed to review a case which has split the circuit courts and has potentially huge implications for disclosure liabilities of public companies. The case, Leidos Inc. v Indiana Retirement System, centers on… more

Trump Administration Initiates Review of Steel Imports under National Security Law

On April 19, 2017, the Department of Commerce (DOC), through its Bureau of Industry and Security, self-initiated an investigation into the effects that steel imports may be having on U.S. national security interests. The investigation… more

Both the City of San Diego and the State of California “Clarify” Their Sick Leave FAQs

As we recently reported regarding the City of Los Angeles, both the City of San Diego and the California Department of Labor Standards Enforcement (“DLSE”) have updated their “Frequently Asked Questions” (“FAQs”) related to the… more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an income… more

Enforcement Is On The Menu: May 5, 2017 Is The Deadline To Comply With Menu Labeling Rules

Over two years ago, on December 1, 2014, the U.S. Food and Drug Administration (“FDA”) published a food labeling rule requiring “chain” restaurants and similar retail food establishments to list calorie information on menus and menu… more

Peoria’s Green Chevrolet to Pay $65,000 to Settle EEOC Discrimination Suit

Black Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged - CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability… more

In New Contract Documents, AIA Bolsters Insurance Requirements: An In-Depth Look

Most contract documents published by the American Institute of Architects (AIA) are on a ten-year drafting cycle. The principal owner-architect agreements, owner-contractor agreements, as well as the general conditions document, were… more

Capitol Hill Healthcare Update

Although House Republicans made progress on bridging ideological differences over how to replace the Affordable Care Act (ACA), GOP leaders say not to expect a vote this week as Congress faces a more immediate deadline: The government… more

The Grave Reality of a Cemetery on Your Property

A huge fan of the Hill Country, Skare D. Katz buys a large piece of undeveloped land from the Solable Family outside of Austin. Skare D. plans to build a ranch for retirement. One Saturday while Skare D. is visiting the property to… more

Appellate Court Notes: Week of March 13, 2017

Supreme Court Advance Release Opinions: SC19651 - Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act - Appellate Court Advance Release Opinions: AC38279 - Al Dente, LLC v. Consiglio… more

Profane Facebook Message Protected Under The NLRA

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged colleagues to… more

District Court Confirms Work-Product Doctrine Privilege Covers Only Certain Documents Exchanged With Third Party Consultants

On April 14, a U.S. Magistrate serving with the U.S. District Court for the Northern District of Indiana issued a ruling in a matter involving the attorney-client and attorney work product privileges. The case is Valley Forge Insurance… more

Court Of Chancery Explains Fiduciary Duty Of Preferred Stockholders’ Directors

This decision is a primer on most of the major issues in Delaware corporate law. However, what it is most likely to be remembered for is its explanation of the duties that directors have to the enterprise as a whole, even when they are… more

New Regulations Further Limit Use of Criminal History for Employment Decisions

Effective July 1, 2017, new regulations will further limit employers’ ability to consider criminal history when making employment decisions. On March 27, 2017, the Office of Administrative Law approved the Fair Employment Housing… more

Your Divorce Is Not a Community Event

We live in an age of instant information where there is constant temptation to share what one is doing and thinking. We are used to sharing our experiences and thoughts freely. The temptation becomes even greater when we are in times… more

Minnesota Weekly Legislative Update: Recess Ends, Budget Negotiations Begin

The Minnesota Legislature returned from its break Tuesday, April 18 with five weeks to complete their work before May 22, the constitutionally mandated adjournment date. Most of the week was spent appointing conferees for major omnibus… more

Federal Court Enters FTC Settlement in Fake Prize Mail Scheme

Recently, a California federal court has entered into a stipulated order reflecting a settlement between the Federal Trade Commission (“FTC”) and a defendant charged with operating a mail fraud scheme. In September 2016, the FTC filed… more

Texas Pre-Suit Discovery – Obligations Under Unusual Procedure Clarified

Although most employers are very familiar with the usual discovery process of litigation, they may not be as familiar with the Texas Rules of Civil Procedure’s Rule 202, which concerns pre-suit depositions. Rule 202 can be used, for… more

Government Contracting 101: Duty of Good Faith and Fair Dealing

The contractual duty of “good faith and fair dealing” is well established in private contracts. Depending on your jurisdiction, there is very likely either a formal or an informal rule that parties to a contract must deal with each… more

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Mark Mansour is a Litigation & Dispute Resolution partner in Mayer Brown’s Washington DC office. He focuses his practice on federal Food and Drug Administration (FDA) regulatory matters. For more…

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