Latest Updates

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

Trump Administration Stands Firm on Prison Time for Strict Liability Offenses Under the Food, Drug, and Cosmetic Act

The Trump administration is urging the U.S. Supreme Court not to review the prison sentences given to Quality Egg LLC executives for their role in failing to prevent a national salmonella outbreak. This move indicates that the Trump… more

Blog: New Department of Education Accreditation Database: A Promising Start, But Clearly a Work in Progress

The Department of Education (ED) has launched a new online database intended to provide current and prospective students, as well as the broader community, with current information on the accreditation status of institutions that… more

New Canadian Economic Sanctions Take Effect April 2017

Several changes to Canada’s economic sanctions regime came into effect in April 2017. First, the regulations made under the United Nations Act (UNA) that imposed economic sanctions on Liberia and Côte d’Ivoire have been repealed… more

Disclosing Election of a New Director: Remember Item 5.02(d) of Form 8-K When Doing a Merger

All competent securities lawyers know that Item 5.02(d) of Form 8-K requires a filing, on Form 8-K, whenever a public company elects a new director other than pursuant to a shareholder vote at an annual meeting or a special meeting… more

[Video]Day 18 of One Month to 3rd Party Management-Freight Forwarders

The FCPA world is littered with cases involving freight forwarders, brokers and agents in the shipping and express delivery arena. Both the Department of Justice and Securities and Exchange Commission have aggressively pursued third… more

"E-Commerce in India on the Rise"

Despite the headwinds facing Indian e-commerce start-ups, some of which had irrational cost structures and business models based solely on discounts, the overall success and potential of this sector, as well as its attractiveness to… more

Testing of Jenex TherOZap™ Device Set to Begin

Luminar Media Group recently announced that, after completing development of a working prototype device, the Jenex Corporation has signed an agreement with the Techna Institute at the University Health Network to begin testing the… more

Bi-Modal Distribution: A Picture of the Melting Right Mode (LWB Farewell Series)

The biggest break I ever got in my academic career occurred nearly ten years ago when I attended the Council meeting for Section on Legal Education and Admissions to the Bar at the August 2007 ABA Annual Meeting. I was one of the… more

No Nexus For Novartis Gilenya Patent

In Novartis AG v. Torrent Pharmaceuticals Ltd., the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) invalidating all claims of U.S. Patent 8,324,283, which is one of four Orange Book-listed… more

For closely held companies: Is there, or will there soon be, a significant lender in your life?

Ten considerations for closely held companies incurring debt in connection with minority investments by private equity sponsors, growth financing, or dividend recapitalizations… more

F-Word Facebook Firing Flipped By Federal Court

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire family, should… more

European Commission Launches Competition Law Anonymous Whistleblower Tool

The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels and other… more

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas… more

Reform of Qatar's arbitration framework

Qatar's long-awaited Civil and Commercial Arbitration Law, Law No. 2 of 2017 (the "New Arbitration Law") has recently come into force. It applies to all Qatar-seated arbitrations. The New Arbitration Law aims to align the country's… more

Dow succeeds on major issues in patent infringement profits case

The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company (“Dow”) and NOVA Chemicals… more

The Trump Administration Retweets and Retreats

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about everything from… more

Labour and Employment Alert: Taking the High Road: the Federal Framework and Preparing for the Legalization of Marijuana

On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and Bill… more

Defend Trade Secrets Act Nears Year One: What Employers, Trade Secret Owners Need to Know

An employer or trade secret owner can now assert a federal private cause of action for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. §1836(b), if “the trade secret is related to a product or… more

Asymmetric jurisdiction clauses in finance agreements – where are we now?

Asymmetric jurisdiction clauses have been a common feature of English law finance agreements for many years, but there can be risks in using them. This article explains the most important recent developments for parties that include… more

Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals

The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction. Parties often submit proposed constructions that ask… more

Allergan Successfully Invalidates Claims Relating to Using Botox to Treat Back Pain

Allergan is typically the patent holder in these types of disputes, however, it recently successfully played the role of petitioner in an IPR against 1474791 Ontario Ltd.’s U.S. Patent No. 6,806,251 covering the use of botulinum toxin… more

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law — certainly, it is… more

"National Security Investigation of Imported Steel Could Be Prelude to Similar Actions Against Other Imports"

On April 20, 2017, President Donald Trump directed the Department of Commerce (Commerce) to conduct an expedited investigation of the harmful impact of steel imports on U.S. national security. The investigation, which will be conducted… more

Refusal to Rescind Employee’s Voluntary Resignation Is Not An Adverse Employment Action Under FEHA

An employer’s refusal to accept a former employee’s resignation rescission request is not an adverse employment action under the California Fair Employment and Housing Act (FEHA), according to a California Court of Appeal holding. This… more

DOL Charts a New Course for ERISA's Fiduciary Rule

The U.S. Department of Labor (DOL) published a final rule on April 7, 2017 (Final Extension),1 delaying for 60 days the applicability date of the new rule defining who is a fiduciary under ERISA (Fiduciary Rule)2 and related prohibited… more

PTAB Denies Petitioner’s Second IPR Because Petitioner Strategically Delayed Filing to Take Advantage of Feedback from PTAB on First IPR

On April 13, 2017, a Patent Trial and Appeal Board (PTAB) panel denied institution of inter partes review (IPR) of patent claims that were the subject of a previously filed IPR by the same petitioner. The panel found that the… more

A Spring Cheat Sheet to Congressional Health Care Policy

Welcome back, friends. While the next stretch likely won’t have the drama of the American Health Care Act (AHCA), there will be plenty happening. There are deadlines that require decisive action on behalf of stakeholders and the… more

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