Latest Updates

FEHC Proposes New Regulations on National Origin Discrimination

There has been a lot of animated discussion in the news recently about immigration status, national security policy, and country of origin as these issues relate to federal policy. Think “travel ban” and “extreme vetting” – both new… more

3 things your school should know about Missouri State Auditor’s emphasis of cybersecurity

Since being appointed in April of 2015, Missouri State Auditor Nicole Galloway has consistently made cybersecurity a priority for her office. Ms. Galloway has focused on cybersecurity throughout all components of Missouri government… more

The Better Care Reconciliation Act of 2017 vs. The American Health Care Act: Summary of Key Differences

On June 22, 2017, Senate Republicans released a discussion draft of their proposal to repeal and replace the Affordable Care Act (ACA), titled the “Better Care Reconciliation Act of 2017” (BCRA). Beyond the title change, there are… more

German Federal Cartel Office (Bundeskartellamt) Publishes Merger Remedies Guidance

The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control practice… more

Worldwide Revocation Mechanisms

Please see full Chart on Worldwide Revocation Mechanisms below for more information… more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights and the… more

Oh, No, Toto, An Interactive Website Won’t Get Us to Kansas

In Nexlearn, LLC v. Allen Interactions, Inc., [2016-2170, 2016-2221] (June 19, 2017), the Federal Circuit affirmed the dismissal of a complaint for patent infringement for lack of personal jurisdiction… more

Germany's Gender Pay Gap Law: What It Means for Employers

Almost parallel to the new Gender Pay Gap Regulations in the United Kingdom, Germany also implemented a new law targeting unequal pay of men and women. The Pay Transparency Act (Entgelttransparenzgesetz or "PTA") aims at closing the… more

Workwise: Certain Earnings During Notice Period Not Considered Mitigation

On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain earnings… more

Be Careful Basing Your IPR On Previously Considered Prior Art

It is not always possible for a party seeking to challenge a patent in an IPR to find prior art patents or printed publications that the USPTO has not already considered. Often the best available prior art comes from the references… more

CMS Releases the Final Medicare Part D DIR Reporting Requirements for 2016

On Friday, June 23, 2017, CMS released the Final Medicare Part D DIR Reporting Requirements for 2016. Part D sponsors may begin submitting their DIR information on June 30, 2017 and must finish their submissions by the end of July 31… more

Key California Employment Law Cases: April 2017

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of exempt… more

Pennsylvania’s Malt Beverage Tax Credit to Take Effect in July

Have you been waiting to buy that new 20 barrel Brite tank? How about buying more kegs to distribute your beer? Beginning July 1, Pennsylvania breweries will have a new incentive to purchase brewing equipment, machinery, or cooperage… more

Jurisdictional Reach of State Courts Limited

The U.S. Supreme Court reversed a closely-watched California Supreme Court ruling on Monday, finding that California state courts did not have specific jurisdiction to hear the claims of nonresident plaintiffs in a class action… more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based on gender… more

Financial Services Quarterly Report - Second Quarter 2017: Hong Kong Consultation on Guidelines on Online Distribution and Advisory Platforms

The use of online platforms for distribution of financial products has become increasingly popular in Hong Kong. In May 2017, the Hong Kong Securities and Futures Commission (SFC) issued a Consultation Paper inviting comments on… more

Brewing in the Zone: A Zoning Primer for Brewers

Imagine finding the perfect site for your new brewery and tap room—it’s spacious, inexpensive, and conveniently located—only to be told by your lawyer that breweries aren’t allowed in that particular location. This is the reality that… more

Supreme Court Holds Statute Banning Registration of Disparaging Marks Violates the First Amendment

This past Monday, June 19, the Supreme Court unanimously ruled that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), is unconstitutional under the First Amendment. Matal v. Tam, No. 15-1293, 582 U.S. ___ (2017). Section 2(a)… more

House Approves Rollback of Post-Recession Financial Reforms

In a party line vote, the House of Representatives approved the Financial CHOICE Act of 2017. If signed into law, this legislation would profoundly alter the financial services regulatory landscape put in place after the 2007–08… more

Wisconsin Eliminates Permitting Requirements for 16- and 17-Year-Old Workers

Governor Walker signed Assembly Bill 25 (2017 Wisconsin Act 11) on Wednesday reducing burdens carried by employers that rely on teenage labor. The law became effective June 23, 2017… more

Trust – the Secret Sauce in Corporate Success?

A recently released ranking of industries by Trust Across America shows that one of the most competitive and financially stressed industries – consumer staples – nevertheless scored highest on a collection of measures that center on… more

Back to Wedding Cakes and DJs—5th Circuit Overturns Injunction against Mississippi Religious Freedom Law

Last week, the 5th Circuit Court of Appeals overturned a lower court’s injunction of the enactment of Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523). As written about in a blog post from… more

Slow but Steady: CMS Proposes to Simplify and Slow Down the Quality Payment Program Rollout

On Tuesday, June 20, the Centers for Medicare & Medicaid Services (CMS) released a Proposed Rule to continue the rollout of the Quality Payment Program (QPP), an initiative to adjust Medicare payments to eligible clinicians based on… more

Appraisers’ Valuations Are Light-Years Apart, But Does That Make Them Hired Guns?

The title of this post notwithstanding, the judge’s decision in the recent, high-stakes stock valuation case I’m about to describe, featuring a clash of business appraiser titans whose conclusions of value differed by almost 400%, did… more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary Ban Back On

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary history of… more

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District decision… more

Foreign Startup Founder Rule Delayed

It is being reported that the Trump Administration intends to stop a new rule meant to help grant foreign-born entrepreneurs temporary permission, “parole,” to be in the U.S… more

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”). As the… more

Tesla’s CEO makes personal pledge for employee safety

Tesla, an electric-automobile manufacturer, made headlines last month after Worksafe, a California-based worker advocacy group, released a report in May indicating that the injury rates at Tesla’s Fremont manufacturing facility were… more

Local Taxes on Non-Indian Possessory Interests in Indian Country OK’d by Court - BB&K Wins Major Victory for Local Agencies Confirming Authority for Taxation

In a major win affecting counties and local taxing entities throughout California, Best Best & Krieger LLP attorneys Roderick E. Walston and Steven G. Martin helped secure a federal court ruling that possessory interests held by… more

Patent Holders Can Evade CBM by Disclaiming CBM Claims

Addressing petitioner’s urging that the Patent Trial and Appeal Board (PTAB) import the district court “time of filing” rule to institution decisions for covered business method (CBM) reviews, the PTAB once again held that disclaimed… more

[Video]FCPA COMPLIANCE REPORT-EPISODE 337, JAMES GELLERT ON ASSESSING 3RD PARTY FINANCIAL HEALTH FOR COMPLIANCE

In this episode, I visit with James Gellert, CEO of RapidRatings, a company which uses a financial dialogue to determine third party supplier health and viability. Gellert explains what supply chain resilience is and how can examining… more

Supreme Court Says “No” to “Litigation Tourism”

There has been a lot said already about the effect on product liability (especially drug) cases and “mass actions” as a result of the United States Supreme Court’s June 17, 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of… more

Getting Specific about Specific Jurisdiction: Bristol-Myers Squibb

On June 19, the United States Supreme reaffirmed some basic principles of personal jurisdiction in Bristol-Meyers Squibb Co. v. Superior Court of California, 528 U.S. __ (2017). In a bloody-good 8-1 decision (with only Justice… more

Incorporating Employee Storytelling into Your Compliance Marketing

As you might suppose I read quite a bit. One of the pleasures I receive each month is when the copy of the MIT Sloan Management Review arrives. I also find the articles highly topical and present ways to consider new compliance… more

Good News for Revenue Cycle Management Companies - Recent Supreme Court Decision on the Scope of the Fair Debt Collection Practices Act Has Positive Ramifications for Revenue Cycle Management Companies

The U.S. Supreme Court, in its June 12, 2017, decision, Henson v. Santander Consumer USA, Inc., resolves and clarifies key questions with respect to the applicability of the Fair Debt Collection Practices Act ("FDCPA") in a manner that… more

Failure To Contraindicate Claims and Preemption

We were recently asked the question, “are failure to contraindicate claims preempted?” Our immediate response was, “How could they not be”? However, it’s not helpful to answer a question with a question, and as with all things… more

ABLE Accounts - Savings Tool for Special Needs Individuals

ABLE (Achieving a Better Life Experience Act) accounts have become a popular savings tool for special needs individuals since the ABLE Act became law in December of 2014. Now that such accounts have been in existence for few years… more

Chicago and Cook County Paid Sick Leave Ordinances - A Differential Diagnosis of Implementing Rules

As most employers in the “Chicagoland” area are hopefully already aware, both Chicago and Cook County have enacted paid sick leave (PSL) ordinances that go into effect July 1, 2017. Although the two ordinances are remarkably similar as… more

Delaware Follows Trend of Banning Compensation History Inquiries in Effort to Reduce the Gender Pay Gap

In a developing trend, Delaware followed Massachusetts, Oregon, New York City and Philadelphia, in enacting legislation directed at ensuring equal wages between genders. On June 14, 2017, Governor John Carney signed legislation, which… more

[Webinar] What TC Heartland Means for Your Business: Practical Strategies For The Next Era Of Patent Litigation - June 29th, 12:00pm ET

This timely webinar will provide insight for business leaders and legal counsel on the implications of the recent U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, which has reshaped procedural strategy… more

Senate Begins Discussions of Affordable Care Act Modifications

Senate Republicans have released a draft of the Better Care Reconciliation Act (BCRA) that aims to repeal and replace a number of provisions in the Affordable Care Act (ACA). The Senate bill mirrors many of the terms in the American… more

Hogan Lovells Obtains Major TCPA Consent Revocation Victory

On June 22, 2017, in Reyes v. Lincoln Automotive Financial Services, the U.S. Court of Appeals for the Second Circuit agreed with Hogan Lovells attorneys representing the defendant and held that the Telephone Consumer Protection Act… more

California Does Not Bar Defense Coverage For "Willful Acts"

"California prohibits insurers from indemnifying policyholders for their intentional misconduct, as a matter of public policy and as codified in California Insurance Code section 533. This bar on insurance coverage, however, does not… more

Does the Concept of Regulatory Takings Comport With Original Intent?

On June 23, 2017, the Supreme Court issued an important regulatory takings case, refining the test to be used to determine what is the appropriate unit of property to use to assess the impact of a regulation. It’s an interesting case… more

It’s A Bird, It’s A Plane, It’s A Floating Zone

According to the American Planning Association, a “floating zone” is a zoning district that “delineates conditions” rather than the more traditional use classifications that are typically found on zoning maps. While a floating zone is… more

Closing the so called "Sausage gap" – Cartel fine procedures after the 9th amendment of the German Act against Restraints of Competition (GWB)

With the amendments to the cartel fine procedure introduced by the 9th amendment of the GWB the legislator intends a harmonization with EU-law and significantly extends the liability for cartel fines… more

Supreme Court Narrows Grounds for Revoking Citizenship

On Thursday, June 22, 2017, the Supreme Court unanimously tightened the standards for stripping immigrants of citizenship. Divna Maslenjak, a Bosnian-Serb refugee who immigrated to the U.S. in 2000 and later obtained American… more

Multi-State Class Actions After the Supreme Court’s Decision in Bristol-Myers Squibb Co. v. Superior Court

On June 19th, the Supreme Court issued a decision that could have important consequences for multi-state class actions. In Bristol-Myers Squibb Co. v. Superior Court, the Court addressed the question whether a California state court… more

IRS is Looking more like a “Self-Serve” Financial Provider while still Targeting Collections

Since 2011, IRS has undergone $900 million in budget cuts and has reduced its number of auditors by approximately 25%. Nonetheless, IRS has its eye on the “collections” ball. The Agency has recently benefited from Congressional… more

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