Latest Updates

Suniva’s Solar Panel Trade Action and Its Impact on the Industry

As has been widely reported, Georgia-based solar panel manufacturer Suniva Inc. filed an action with the U.S. International Trade Commission (ITC) aimed at, in some cases, doubling the price of solar panels and cells produced outside… more

Want to Peek at Your Employee’s Email? Be Careful!

Can you look at an employee’s personal email account if you access it on company equipment? A recent opinion from the federal District Court of Maryland should at least make you think twice before doing that. In Levin, et al. v… more

CFPB Issues Final Rule Prohibiting Mandatory Pre-Dispute Arbitration Agreements for Covered Consumer Financial Products and Services

The Federal Register published today the Consumer Financial Protection Bureau's (CFPB) final rule that was announced last week and would prohibit providers of covered consumer financial products and services from using pre-dispute… more

Travel Ban Update: Grandparents And Other Close Relatives

In a one-paragraph ruling, the U.S. Supreme Court, disagreeing with the Administration, allowed the District Court’s injunction to stand with regard to relatives. Individuals from the six designated countries with grandparents and… more

No Certification Where Loss of Data Prevents Class Identification

Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment records for each of the claimants, including personnel files, electronic data, tax forms, time records… more

Split Commission Can't Reverse Insider-Trading Dismissal

Trader Joseph Ruggieri finally prevailed last week, when SEC Commissioners Stein and Piwowar split on whether Enforcement proved his four trades (in 2010-2011) were made on inside information… more

Draft tax legislation for 2017 released

Following the 2017 Budget presented before Parliament on 22 February 2017, the draft tax legislation for the specific tax proposals was released on 19 July 2017 for comment. Comments should be made by 18 August 2017… more

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration

The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work at the… more

State AGs seek injunction against Dept. of Education postponement of the Borrower Defense Rule; DeVos continues “regulatory reset” with delay of Gainful Employment Rule and campus financial products disclosure regulations

Eighteen states and the District of Columbia have filed suit against Secretary of Education Betsy DeVos seeking an injunction of the Department of Education’s indefinite postponement of the Obama Administration’s Borrower Defense Rule… more

San Francisco Passes Pay Parity Ordinance Affecting Employee Onboarding

San Francisco’s Board of Supervisor’s passed a pay equity ordinance on July 11, 2017 which is now awaiting the Mayor’s signature. The “Parity in Pay” ordinance will become operative July 1, 2018. The ordinance will ban private… more

TIME IS UP- BOE’s Deadline for Banks to Submit Their Brexit Plans Passes …

On 7 April, the Bank of England gave financial firms a hard deadline of 14 July for submitting their contingency plans for Brexit, which passed last Friday… more

Is Your Surgery Center Ready for California’s Surprise Medical Billing Law?

A new California law (AB 72) limits the amount that out-of-network surgeons and other health care professionals may bill patients for covered non-emergency services provided at a contracted facility, such as an ambulatory surgery… more

Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB noted..… more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s use of… more

Convictions reversed in LIBOR case

On July 19, 2017, in United States v. Allen, et al. (16-cr-98) (Cabranes, Pooler, Lynch), the Second Circuit issued a decision reversing the convictions of defendants Anthony Allen and Anthony Conti for wire fraud and conspiracy to… more

Tribute to Martin Landau and Strength in the Middle

A company must have more than simply a good ‘Tone-at-the-Top’; it must move it down through the organization from senior management to middle management and into its lower ranks. This means that one of the tasks of any company… more

EU-U.S. Privacy Shield – What’s Its Future?

It’s been almost one year since the EU-U.S. Privacy Shield (Privacy Shield) came into existence. Its upcoming annual review in September by the European Commission (Commission) and the U.S. Department of Commerce (DOC) – its first… more

Your Daily Dose of Financial News

Big American banks (BofA, Citi, Morgan Stanley) are avoiding deals with Chinese conglomerate HNA Group over concerns regarding HNA’s debt level and ownership structure… more

Highlights of the 2017 Revisions to the AIA-A101, A102, and A103

As discussed in a May blog article, the American Association of Architects (AIA) revise their form agreements between owner and contractor approximately every 10 years, and these form documents were recently revised by the AIA a couple… more

15,000 Increase In H-2B Visas Comes With Strings Attached

An additional 15,000 H-2B visas will be released in response to industry demand. The USCIS will begin accepting petitions on July 19, 2017, for the fiscal year which ends on September 30, 2017. Petitions will be accepted until the… more

US FCC Allocates 5 GHz of Contiguous Spectrum for Next Generation Vehicular Radar

On July 13, the United States (“US”) Federal Communications Commission (“FCC”) issued a decision allocating a contiguous 5 GHz band of radio frequency spectrum for vehicular radar operations. The decision implemented in the US a 2015… more

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should consider… more

Journal of Nanobiotechnology Publishes Special Issue on Swiss National Research Program on the “Opportunities and Risks of Nanomaterials”

The Journal of Nanobiotechnology published a special issue on the outcome of Switzerland’s five-year National Research Program on the “Opportunities and Risks of Nanomaterials” (NRP 64). The editorial states that the Program’s primary… more

FMLA Leave Does Not Shield An Employee From Disciplinary Action Unrelated To The Leave

The Court of Appeals of North Carolina recently held that an employer didn’t interfere with an employee’s rights under the Family Medical Leave Act (“FMLA”) or retaliate against her by contacting her to schedule her disciplinary… more

IRS Issues Guidance To Examiners Handling BBA Partnership Audits

As many readers know, the Bipartisan Budget Act of 2015 (“BBA”) repeals the long standing TEFRA procedures governing IRS examinations of partnerships. As a result, beginning January 1, 2018, partnerships are subject to a centralized… more

D.C. District Court Expands Government Contractors’ Exposure to Consumer Data Breach Class Actions

The United States District Court for the District of Columbia recently endorsed private citizens bringing data breach claims directly against a government contractor where the contractor failed adequately to safeguard the citizens’… more

FDA Makes Two Announcements on Electronic Tracking of Prescription Drugs to Comply with the Drug Supply Chain Security Act

On July 20, 2017, FDA published two announcements in the Federal Register related to the development of an electronic, interoperable system to identify and trace certain prescription drugs distributed within the United States, pursuant… more

Pennsylvania Court Provides Commercial Property Owners With Defense to Tax Assessment Appeals

On July 5, the Pennsylvania Supreme Court issued a unanimous decision confirming that all real estate in a taxing district is a single class (i.e., not subject to sub-classifications based on property type, such as commercial… more

CFPB provides additional HMDA reporting guidance

The CFPB issued HMDA Loan Scenarios on July 19, 2017 to provide additional guidance to the industry on reporting transactions under the revised HMDA rule, which has a January 1, 2018 effective date for most provisions… more

What EU‘s Fine of Google $2.7 Means for Antitrust Exposure

The European Commission has fined Google €2.42 billion ($2.7 billion) after concluding the company had abused its dominance in search. According to a letter from the EC announcing the results of its investigation, Google has a… more

Millennium Pharm. v. Sandoz, Inc. – Revenge of the Chemical Judges

In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the claim element not found] in the prior art.” The claims were directed to a… more

Ready, Set, Go! New York Adopts Final Paid Family Leave Regulations

The New York Workers’ Compensation Board published its final regulations implementing the New York Paid Family Leave Law yesterday, Wednesday, July 19, 2017. The final regulations largely mirror the proposed regulations issued on May… more

California’s Cap-and-Trade Regulations Extended Through 2030 – A Victory for Climate Policy and Business Alike

On July 17, 2017, the California Assembly and the Senate voted to extend California’s Cap-and-Trade Program from 2021 to 2030 (Assembly Bill (“AB”) 398). Governor Brown is widely expected to sign the bill in the coming weeks. AB 398… more

On the Brink of Protectionism? Germany Tightens Rules on Foreign Investment Controls to Block Unwanted Takeovers

On 12 July 2017, the German government adopted new provisions amending the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – “AWV”). By implementing the new rules, Germany is trying to stop losing know-how to… more

Instagram Updates Sponsored Post Disclosures

Last month, Instagram launched a new feature to let users know when a post is sponsored, making it easier for users to determine if a celebrity was paid to sponsor a post. Instagram will now have a “Paid partnership with” tag in… more

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the work-product… more

4 Reasons Why You Shouldn’t Buy E-Discovery Software (and why Orchestration is the Future)

New Tech, Old Tricks: New technologies, data types, applications, updates to the Federal Rules of Civil Procedure, case law – E-Discovery is evolving faster than ever. And while many legal teams are investing in e-discovery… more

Restaurants, Grocery Stores, and Convenience Stores Sue to Block New York City's Menu Labeling Rule

The U.S. Food and Drug Administration’s (FDA or the Agency) decision a couple of months ago to delay its Menu Labeling Rule until May 7, 2018 was met with mixed reactions from industry. While the National Association of Convenience… more

Important To File Your Zoning Challenge In The Correct Court And On Time

A recent case decided by the Commonwealth Court of Pennsylvania confirms how important it is to understand where zoning challenges should be filed and the deadline date by when to file them. In the case of Carr vs. Horsham Township, an… more

[Video]Everything Compliance-Episode 14

We mix up things this week as the panelists' suggest the topics. 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… more

You Can’t Run From Justice

Just last week, a Kentucky lawyer by the name of Eric Conn was sentenced to twelve years in prison by a federal judge for bribery and theft of government money. Though similar sentences are doled out around the country on a daily… more

New National Origin Discrimination Regs: FEHC Hears Public Comments

Seyfarth Synopsis: On July 17, 2017, the California Fair Employment and Housing Council (FEHC) heard public comments on its proposed regulations covering national origin discrimination under the FEHA. Discussion centered on… more

A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be presented… more

Cyber Law Tracker: New Connecticut Cybersecurity Strategy

As its next step in the creation and implementation of a cybersecurity plan, the State of Connecticut has created a Cybersecurity Strategy document. This strategy specifically highlights the roles and vulnerabilities of state… more

Rating Agency Developments

n July 10, 2017, DBRS issued a report entitled Rating Canadian Split Share Companies and Trusts. On July 7, 2017, DBRS issued a report entitled Derivatives Criteria for Canadian Structured Finance… more

Tim Horton's In Romulus Sued By EEOC for Failure To Provide Religious Accommodation

Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - DETROIT - Sleneem Enterprises, LLC, a franchise operator of Tim Horton's Café and Bake Shop in Romulus, Mich., violated federal law by refusing to… more

Ninth Circuit Clarifies Tribal Arm Sovereign Immunity Factors

The Ninth Circuit, in U.S. ex rel. Fawn Cain et al. v. Salish Kootenai College Inc. et al., recently reversed a lower court's dismissal of a False Claims Act lawsuit by former Salish Kootenai College employees. The False Claims Act… more

New Law on Subcontracting in the Private Sector Is Not Without Problems

The Democratic Republic of Congo adopted Law No. 17/001 on 8 February 2017, regulating subcontracting in the private sector. It entered into force on 17 March 2017, with a one-year transitional period. In adopting these “rules… more

[Audio]Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and topical… more

Court Addresses Formation of Accidental Partnerships in Long-Awaited Enterprise v. Energy Transfer Appeal

The Dallas Court of Appeals yesterday issued its opinion in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P. , in which the court reversed a judgment of more than $500,000,000 rendered after a jury returned a… more

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