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What Does “At Will” Employment Really Mean?

Years ago, I recall having a friendly conversation with another attorney in Connecticut where the topic turned to the notion of “At Will” employment. When we couldn’t settle on an answer, we moved on to talking about whether the…more

Retailers - can you be liable for cartel behaviour for using pricing software and algorithms?

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017, the EU’s…more

Singapore Parliament Passes Key Legislation to Support Businesses and Regulatory Regime

The legislative changes increase the transparency of ownership and control of business entities, improve ease of doing business, and allow for inward re-domiciliation…more

Brexit update: impact on trademarks and designs

Although some time has passed since the UK's vote to leave the EU, the full implications of Brexit for trademarks and designs remain unclear. Statements made by EU and UK officials have not changed that position, nor did Theresa May's…more

The not to be underestimated ‘not-for-profit requirement’ in Australia

In a recent Tribunal decision, Deputy President McCabe has affirmed the decision of the Minister for Education and Training (Minister) to revoke the approval of Malek Fahd Islamic School Limited (MFISL) as an approved authority under…more

Nevada Legislature Ponders Rejection Of Unocal And Revlon Standards

Thirty years ago, the Delaware Supreme Court issued two seminal opinions concerning how courts ought to review director decisionmaking in merger and acquisition transactions. In the first case, Unocal Corporation v. Mesa Petroleum…more

Protecting Information in the Competitive Bidding

Growth in the DFW metroplex is booming, and the City of Flourish is one of the driving forces. Unfortunately, the City has had a difficult time keeping up its infrastructure with the growing population. Recently the City selected a…more

Recent Circuit Court Opinions Offer Guidance on Challenging the Standing Requirement for Plaintiffs in Data Breach Cases

By following trends and monitoring successful defenses in data breach litigation, companies can often avoid the reputational harm caused by making headlines. For most companies,it is not a question of whether they have been breached;…more

SBA Further Delays Rule on SBIC Passive Business Financing

The rule has been further delayed to enable SBA to consider further the rule's impact on the SBIC program and its participants, and to make necessary determinations regarding the rule’s effects on SBAs examination and liquidation…more

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated Him for Permanent Position

The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that position in…more

Building Trust in an Organization as a Step to Operationalizing Compliance

Earlier this week I explored LRN Corporation’s (LRN) 2016 Ethics and Compliance Program Effectiveness Report (Report). One of the key findings of the Report was that if there was greater employee trust, the values of ethics and…more

The New Administration's Plans for the CFPB Take Shape

For those who have been wondering—as I did in a previous post—what the new presidential administration would mean for the Consumer Financial Protection Bureau (CFPB), an agency that has been in Republicans’ crosshairs virtually since…more

UK: New Rules On Modern Slavery

The UK has been leading the way in the battle to combat modern slavery in Europe. New rules have been in force since October 2015, which require businesses to report what they are doing to tackle slavery and human trafficking. The…more

Federal Court Resolves Arbitration Challenges To Dissolution Of Lawyer And Non-Lawyer Partnership

A federal court recently decided a host of different motions related to an arbitration dissolving the now-defunct Beltway Law Group (“BLG”), a firm that operated websites and other marketing efforts to attract clients on behalf of…more

Whacky Employment Claims: Who's Whackier? Management or the Employee?

As employment defense attorneys, we see many strange situations arise in the workplace. The question is, how prepared are you as an employer to handle the wackiness that may potentially arise when your employees make bizarre…more

Patents harder to obtain now, attorney say

Back in 1899, Charles H. Duell, thencommissioner of the U.S. patent office, purportedly said “everything that can be invented hhttp://cms.jdsupra.com/docuploader/document/related/58d2c8cd-0e40-4396-bbfc-05ecd6f4c0ad/#as been invented”…more

Brexit customs update

In the month that the Government is expected to trigger Article 50 to start the process of the UK's exit from the EU, a report from the House of Commons International Trade Committee (the International Trade Committee) has stated that…more

Wading Through the Flood of New Housing Legislation

Having trouble keeping up with the seemingly endless torrent of new housing laws? You are not alone. Here is our summary of the key pending State and San Francisco legislation aimed at increasing housing/affordable housing…more

U.S. Supreme Court Rules That Designs Are Copyrightable Under 17 U.S.C. § 101

The U.S. Supreme Court dramatically simplified and expanded the world of fashion and copyrights today, ruling that the chevron striping of a cheerleading uniform (and any other design on clothing, furniture, or other "useful items")…more

Breach of Fiduciary Duty (and Related) Claims Are Not Easily Defeated: A Case Study in Motions for Judgment on the Pleadings

Just what must be alleged for claims for breach of fiduciary duty to proceed past initial pleadings and into meaningful fact development? In a recent decision, the United States Bankruptcy Court for the Eastern District of Pennsylvania…more

Supreme Court Decision Alters Patent Defense Landscape

In a highly-anticipated ruling, the Supreme Court held that patent holders can recover damages for infringement even when the patent holders unreasonably delayed filing a lawsuit. In SCA Hygiene Products AB v. First Quality Baby…more

Supreme Court sends lower courts back to work on FAPE

While stopping short of establishing a bright-line rule, the U.S. Supreme Court came very close in evaluating whether a local educational agency has offered a student a free and appropriate education (FAPE). The Court rejected the…more

Wendy’s Successful in Trimming Data Breach Class Action Suit But No Dismissal

We have previously discussed the class action case filed against Wendy’s as a result of a data breach. The case was initially dismissed based upon lack of standing, but the plaintiffs were given the opportunity to amend the Complaint…more

Process vs. Outcomes Debated at Hearing on Constitutionality of CFPB Structure

As we had indicated, on March 16, the subcommittee on Oversight and Investigations of the House Financial Services Committee conducted a hearing entitled “The Bureau of Consumer Financial Protection’s Unconstitutional Design.”…more

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision Was Contrary to Contract Language

Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) - Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair facility. The…more

Ninth Circuit Reaffirms Policyholder Right to Sue Recalcitrant Excess Insurer

A new opinion published on March 21, 2017 from the Ninth Circuit (Teleflex Medical Inc. v National Union, Case no 14-56366 ) affirmed a $6+ M judgment against AIG subsidiary National Union, who was excess a primary policy issued by…more

Recent comments from ASIC regarding licensing

Members of our team were invited to attend a licensing liaison meeting at ASIC’s offices in Sydney last Thursday…more

Your Daily Dose of Financial News

Eddie Lampert’s Sears mega-gamble appears to finally be catching up with him. Or the store, at least. Mr. Lampert, it seems, will come out not as worse for the wear as one might have expected…more

Employer Liability for Injuries Sustained by Temporary Agency Workers

The use of temporary employees provided by agencies that supply laborers, secretaries, nurses or other skilled or unskilled workers to the public and private sector is increasing. Employers who use these temporary agency workers’ must…more

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at trial…more

CFPB Monthly Report Returns its Focus to Credit Reporting

The CFPB issued its monthly report on consumer complaints this month, providing a high-level snapshot of the recent trends in consumer complaints. The Report provides a summary of the volume of complaints by product category and type…more

New Indiana Insurance Department Bulletin Changes TPA Licensing and TPA Renewals

A recent Indiana Department of Insurance Bulletin announces a change regarding how the Department will issue initial third party administrator licenses and renew existing licenses for nonresident third party administrators in Indiana…more

SEC Modernization in Plain English: Decoding the Regulation

Practical points on managing SEC Modernization. INTRODUCTION - On October 13, 2016, the Securities and Exchange Commission (SEC) issued its final Investment Company Reporting Modernization rules and forms for the reporting…more

G20 Leaders Publish Communique 

The G20 Leaders have published a Communique from the Summit held in Germany. The G20 Leaders reiterated their commitment to finalizing the remaining elements of the financial sector reform agenda and to conducting a post-implementation…more

House Preparing to Vote on Repeal and Replace of Patient Protection and Affordable Care Act

Following the introduction of proposed legislation on March 6, 2017 to repeal and replace certain portions of the Patient Protection and Affordable Care Act (ACA) and Manager’s Amendments on March 20, 2017, the House Rules Committee…more

Pension May be Collapsed in the Face of an Admitted Fraud

In the recent decision of Alberta Motor Association v. Gladden, 2017 ABQB 174, the Alberta Court of Queen’s Bench clarified the limits to which employer-sponsored pension benefits will be immunized from enforcement proceedings in fraud…more

The Michigan Department of Civil Rights Releases 2017 Revised Michigan Law Prohibits Discrimination Poster

The Michigan Department of Civil Rights ("MDCR") recently released its revised version of the posting Michigan Law Prohibits Discrimination required by the Michigan Elliott-Larsen Civil Rights Act and the Persons with Disabilities…more

Supreme Court Decides National Labor Relations Board v. SW General, Inc.

On March 21, 2017, the United States Supreme Court decided National Labor Relations Board v. SW General, Inc., No. 15-1251, holding that the Federal Vacancies Reform Act of 1998 (FVRA) prevents any person nominated for a…more

Minnesota Federal Court Says Cross-Plan Offsets Are Unlawful; Certifies Case for Immediate Appeal

The U.S. District of Minnesota has ruled in Peterson v. Unitedhealth Grp. Inc., No. 14-CV-2101 (PJS/BRT), 2017 WL 991043 (D. Minn. Mar. 14, 2017) that ERISA does not permit United Healthcare (“United”) to claw back alleged overpayments…more

Medicinal Products: the EU and the US Mutually Recognize Manufacturing Standards

The European Union (“EU”) and the United States (“US”) have reached a sectoral agreement (the “Agreement”) that will greatly ease the administrative burden when proving compliance with Pharmaceutical Good Manufacturing Practices…more

Reading the Financial Tea Leaves: CREFC Market Outlook Survey 2017

CREFC has surveyed some of its attendees—all major participants in the commercial real estate finance industry—at the 2017 CRE Finance Council January Conference in Miami. CREFC’s 2017 market outlook survey confirmed what we observed…more

Issue Three: Keeping Tabs on the PTAB

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB, district court…more

The Fate of Patent Laches: SOL

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of delay or…more

So I Guess It Is All About The Seniors

Contrary to what the title may suggest, I am not referring to students who are about to graduate from high school or college. Instead, this post is about that group of our society who all too often (based upon my years of defending…more

U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 580 U.S…more

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person plans to run a…more

Enhanced Whistleblower Protections for Nonprofit Employees

In the wake of Governor John Kitzhaber's resignation last year, the Oregon Legislature amended Oregon's "whistleblower" protection statute (ORS 659A.203) by expanding it to include Section 501(c)(3) nonprofit organizations that receive…more

Luxembourg Real Estate -Tax and Legal Developments

This brief report provides a summary of the most recent Luxembourg legal developments that currently affect and will be affecting real estate practitioners throughout 2017…more

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit clarified the…more

UK Government Publishes Red Tape Review of UK Anti-Money Laundering and Counter Financing of Terrorism Regime 

The UK Government has published a review of the UK's Anti-Money Laundering and Counter Financing of Terrorism regime. The document summarizes the views and evidence submitted by businesses to the UK Government's Cutting Red Tape review…more

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