Latest Updates

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729 et seq. To… more

Is the Travel Ban Back On? Supreme Court to Decide Its Fate Next Term

On June 26, 2017, the Supreme Court of the United States agreed to hear the appeals over the president’s revised travel ban against certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen during the first session… more

Your Daily Dose of Financial News

European antitrust regulators have dropped a massive $2.7 billion fine on Google for allegedly “unfairly favoring some of its own search services over those of rivals”… more

U.S. Supreme Court Reins in Attempts to Expand Jurisdiction

This past Monday, the U.S. Supreme Court drastically changed the landscape of mass tort litigation. In Bristol-Myers Squibb Co. v. Superior Court of California, the Court found that the State of California did not have jurisdiction… more

There’s No Smoke There: Cal/OSHA Declines to Create Marijuana-Specific Safety Regulations

On June 15, 2017, the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board met and decided that workplace hazards in the marijuana industry are adequately addressed by existing Title 8 regulations and that… more

Why do drug prices soar? Blame PBJs, PBMs, weak regulators, and CME

What do PBJs, PBM “black boxes,” industry friendly advisory panels, and CME (aka doctor training programs) all share in common? They’re blamed for contributing to Big Pharma’s skyrocketing prices—and it’s worth diving into recent… more

Western District Of Washington Allows Securities Fraud Action To Proceed Against Biopharmaceutical Company And Its Senior Officers

On June 14, 2017, Judge Ricardo S. Martinez of the United States District Court for the Western District of Washington denied a motion to dismiss a putative securities fraud class action against Juno Therapeutics, Inc. (“Juno” or the… more

Pennsylvania Split on Sexual Orientation Discrimination

Two recent federal district courts – from opposite sides of the Commonwealth – reached different conclusions on whether sexual orientation is a protected class under Title VII of the Civil Rights Act of 1964 (“Title VII”). On June 2… more

Conservative Legislative Agenda Set Out in Queen’s Speech

Following the UK general election on 8 June 2017, at which Theresa May’s Conservative party won the largest number of seats but lost its overall majority, the Queen’s Speech setting out the now minority Conservative government’s… more

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's holding… more

Numerous Provisions Affecting Employers in Senate's Draft Better Care Reconciliation Act of 2017

U.S. Senate Republicans on June 22, 2017, released a discussion draft of the Better Care Reconciliation Act of 2017 (BCRA), its bill to repeal and replace the Affordable Care Act (ACA). The BCRA follows on the heels of the House of… more

Lost in the woods? Special treatment for the press, cooperative and savings bank associations and the timber industry in German Competition Act reform

Current legislative changes in the German Competition Act and the Federal Forest Act bring a set of new antitrust exemptions. We briefly present them in our blog..… more

Employment Law Navigator – Week in Review: June 2017 #4

Last week, a New York pizzeria restaurant group agreed to pay $50,000 to settle a national origin discrimination lawsuit. The EEOC alleged that the restaurant group discriminated against Hispanic employees by subjecting them to racial… more

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by… more

IREs Held as Unconstitutional in Workers’ Compensation Cases

The Pennsylvania Supreme Court last week drastically altered the landscape for workers’ compensation carriers and created future uncertainties when it struck down aspects of the Workers’ Compensation Act… more

Una nuova Cassazione sulla tassazione della cessione di quote ai fini della imposta di registro

Con la Sentenza n. 11877, depositata in data 12 maggio 2017, la Corte di cassazione suscita nuovi dubbi sulla applicazione della imposta di registro, assoggettando al regime proprio della cessione d'azienda (imposta di registro… more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 5, 2017: Germany

BaFin Restricts CFD Trading to Retail Clients - BaFin issued a General Administrative Act pursuant to section 4b of the German Securities Trading Act (Wertpapierhandelsgesetz – WpHG) on 8 May 2017. The General Administrative Act… more

Impairment Rating Evaluations Declared Unconstitutional

Over 20 years after Section 306(a.2) of the Pennsylvania Workers’ Compensation Act was enacted, employers will no longer be able to limit partial disability benefits to 500 weeks based on an Impairment Rating Evaluation (IRE). On June… more

The St. Petersburg Wage Theft Ordinance: New Notice and Poster Requirements

The City of St. Petersburg, Florida, recently amended its wage theft ordinance to require employers to provide pay notice to employees at the time of hire and to display “in a location accessible to all employees” a poster about wage… more

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape - Key Takeaways - The impact of the Court’s grant of Oil States’s petition for certiorari, and their subsequent decision on the… more

Manatt on Medicaid: The Senate’s New Per Capita Cap Redistribution Policy

On June 22, Senate leadership released its proposed substitute for the House-passed American Health Care Act (AHCA), the Better Care Reconciliation Act of 2017 (BCRA), as a discussion draft. Like the House-passed AHCA, the Senate bill… more

The Supreme Court Clarifies Definition of “Debt Collector” Under FDCPA

On June 12, 2017, the Supreme Court of the United States (the “Court”) issued a decision clarifying who qualifies as a “debt collector” under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. In the case of… more

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations for its… more

The Supreme Court - June 26, 2017

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities lawsuits that… more

Supreme Court Will Review Scope of Dodd-Frank Whistleblower Protections for Internal Reports

On the last day of its current session, the Supreme Court announced it will consider whether the Dodd-Frank whistleblower protections extend to corporate insiders who blow the whistle on their employers by reporting the alleged… more

Hot List – What’s Happening in the California Legislature 6/26-6/30

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week..… more

Pharmaceuticals in The Environment: What will EU Environment Roadmap Mean for Pharmaceuticals?

On 28 April 2017, the European Commission (the EC) published a “roadmap” on the strategic approach to pharmaceuticals in the environment, particularly in the aquatic environment. Concurrently, the EC launched a 12-week open public… more

Senate Republicans Unveil ACA Repeal Bill

On June 22, 2017, Senate Republicans unveiled draft legislation to move toward repealing portions of the Affordable Care Act (ACA). The draft health care bill, known as the Better Care Reconciliation Act, was hatched behind closed… more

Bragging Rights: How to Effectively Complete Your Self-Evaluation

Brag. It’s not a four-letter word. Though, as women, we sometimes shy away from bragging, even at times when it matters most. This trait can cause women to miss out on opportunities to advance their careers, particularly when it comes… more

USPTO Extends Cancer Immunotherapy Pilot Program

On June 29th, 2016, the USPTO announced the Cancer Immunotherapy Pilot Program to allow expedited examination of patent applications that pertain to cancer immunotherapy. Under the Program and after proper petition, the USPTO has… more

"Locum Tenens" Physical Therapist – Does the Change Provide Sufficient Relief?

CMS recently published guidance to implement Section 16006 of the 21st Century Cures Act, effective June 13, 2017, which allows physical therapists providing services to Medicare beneficiaries to utilize "locum tenens" arrangements in… more

Uber’s Troubles: A Compliance Wake-Up Call No Matter How Regulated You Are

I can’t help myself; when I read some of the troubling reports about Uber’s workplace culture, which has contributed to executive ousters and the need to hire one of the highest-profile lawyers in the country, I think, “If only they… more

Delaware Supreme Court Affirms Dismissal Of "Demand-Refused" Derivative Suit Regarding Alleged Misconduct In Foreign Exchange Business

On June 19, 2017, the Supreme Court of Delaware affirmed the dismissal of a shareholder derivative suit against the board of directors of The Bank of New York Mellon Corporation (“BNYM”) in which plaintiff had asserted a breach of… more

People Considering a Will Contest Must Move Quickly

The loss of a loved one is a devastating event, and can be a chaotic and confusing time for those left mourning. The making of phone calls to family and friends, the preparation of funeral arrangements, and the handling of other… more

Court Reviews Damages For Mental Anguish, Exemplary Damages, and Other Categories For A Trustee’s Breach Of Fiduciary Duty

In Wells Fargo v. Militello, a trustee appealed a judgment from a bench trial regarding a beneficiary’s claims for breach of fiduciary duty, negligence, and fraud. No. 05-15-01252-CV, 2017 Tex. App. LEXIS 5640 (Tex. App.—Dallas June… more

Trade associations voice support for commission to run CFPB

A group of 22 trade associations sent a letter last week to the Chairmen and Ranking Members of the Senate and House Appropriations Committees expressing their “strong support” for the creation of a five-member bipartisan commission to… more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor Standards Act… more

Dodd-Frank Repeal Approved by the House Along Party-Line Vote

On June 8, the House voted along party lines to repeal many of the stricter regulations of the Dodd-Frank Act enacted after the 2008 financial crisis, taking the first step in a long-held Republican desire to roll back the landmark… more

What Does The Supreme Court “Travel Ban” Decision Mean For Employers?

The U.S. Supreme Court issued a preliminary ruling yesterday in the Trump Administration’s challenges to lower court decisions on the “travel ban.” The Administration had sought to: stay preliminary injunctions issued against the… more

Broadcast Issues/Programs Lists Due; Online Public File Reminder; Children’s Programming; Commercial Limits; and Class A TV Eligibility

By July 10, 2017, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during April, May and June dealing… more

New Law Empowers Philadelphia with Authority to Close Businesses Found to Discriminate

On May 17, 2017, Philadelphia Mayor Jim Kenney signed a bill into law that gives the Philadelphia Commission on Human Relations authority to impose an additional, harsher remedy on businesses that are found to have engaged in… more

Special Education Tip – Put Your Hands Over Your Ears – 54-2017

Put Your Hands Over Your Ears - It is always a good time to remember what you do not want to hear at IEP team meetings. The following has been heard at recent meetings..… more

Trends in cross-border real estate investment and the changing tax landscape

Real estate markets in both the U.S. and Europe continue to attract significant overseas investment. With interest rates at or near all-time lows, and dwindling returns in other asset classes, real estate has emerged as one of only… more

Supreme Court Action on Travel Ban

The U.S. Supreme Court announced yesterday that a portion of the Trump Administration's travel ban can take effect while the court waits to hear oral arguments in the case… more

Supreme Court Agrees to Hear Travel Ban Case next Fall, Reinstates parts of Travel Ban

On Monday, June 26, 2017, the Supreme Court granted certiorari to hear the government’s appeal of lower court’s injunctions on President Trump’s travel ban in their next session beginning October 2017, and granted the government’s… more

Senate Republican Health Care Working Group Releases Health Care Reform Bill Text

On June 22, Senate Republicans released a discussion draft of the Better Care Reconciliation Act (BCRA), their companion bill to the House-passed American Health Care Act (AHCA). The legislation, which reforms the Affordable Care Act… more

Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court Rejection of D.R. Horton Theory Would Not Kill Collective Actions

Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers violate… more

French Export Credit Agency Changes

After seven decades as France’s export credit agency (ECA), on 31 December 2016, Compagnie Française d’Assurance pour le Commerce Extérieur (Coface) transferred its State export credit guarantee activities to Bpifrance Assurance Export… more

CoPilot Provider Support Services Settles with NYAG for $130,000 for Late Breach Notification

CoPilot Provider Support Services, Inc. (CoPilot), which provides health care companies with billing and insurance support services, has settled allegations by the New York Attorney General of failing to notify individuals of a data… more

Proxy Access “Fix-It” Proposals Fizzle

As the 2017 proxy season winds down, one clear take-away is that shareholder proposals attempting to modify the terms of previously adopted mainstream proxy access bylaws did not fare well. Many of these proposals focused solely on the… more

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