Latest Updates

Recent Events Increase the Importance of HIPAA Risk Analyses and HIPAA Policies

Recent events highlight the fact that threats to customer and patient data continue to increase. In recent months, government agencies, news outlets, and others have spent considerable time investigating and reporting on major… more

FinCEN Issues Revised Geographic Targeting Orders Focusing On Shell Companies Purchasing Luxury Properties In 7 Major Metropolitan Areas

Yesterday the Financial Crimes Enforcement Network (FinCEN) announced the issuance of revised Geographic Targeting Orders (GTOs) that require U.S. title insurance companies to identify the natural persons behind shell companies used to… more

Seventh Circuit Opinion Focuses On Employee Handbook in Determining Whether Employer Had Constructive Notice Of Non-Supervisory Sexual Harassment

On August 2, 2017, the United States Court of Appeals for the Seventh Circuit issued a decision in Nischan v. Stratosphere Quality, LLC providing clarity on what constitutes an employer’s “constructive notice” of harassment. Michele… more

Website Accessibility Lawsuit Filings Still Going Strong

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses remain well-advised to seek advice from counsel experienced in website… more

Lincoln Cemetery Sued by EEOC for Retaliation

Company Terminated a 31-Year Veteran Employee After She Participated in a Discrimination Investigation, Federal Agency Charges - ATLANTA - Lincoln Cemetery, Inc., an Atlanta corporation specializing in interment arrangements… more

Adviser Settles with SEC over Insider Trading Controls for Political Intelligence Firms

On August 21 2017, the SEC announced a settlement under which Deerfield Management Company L.P. (“Deerfield”), a hedge fund adviser, agreed to pay more than $4.6 million. The SEC charged Deerfield with failing to “establish, maintain… more

Tenth Circuit Vacates EPA Order Denying Small Refiners’ Request for RFS Program Exemption

On August 15, the U.S. Court of Appeals for the Tenth Circuit decided the case of Sinclair Wyoming Refining Company, et al., v. U.S. EPA. In a split decision, the Tenth Circuit vacated a final order of the Environmental Protection… more

Dogged by Dogs at Work: Barking Up the Wrong Tree?

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?… more

Beginning September 1, SEC Requires Hyperlinking of Exhibits

The U.S. Securities and Exchange Commission (SEC) has adopted rules which will require public companies to include a hyperlink to each exhibit identified in an exhibit index in certain SEC filings, subject to limited exceptions. The… more

Court Signals That Local Government Cannot Easily Evade Redevelopment Agreements

In a decision that bodes well for developers, the New Jersey Appellate Division upheld the enforceability of a long-term settlement agreement between certain Jersey City property developers (the “Developers”) and the City Council of… more

DC Circuit Again Shuts Down Sierra Club’s Challenges to LNG Export Licenses

On August 15, the U.S. Court of Appeals for the D.C. Circuit decided the case of Sierra Club v. U.S. Department of Energy. The Sierra Club challenged the U.S. Department of Energy’s (DOE) grant of a license to export liquefied natural… more

Victory in Zoning Appeal

The Wastenaw County Circuit Court overturned an adverse decision by the Webster Township Zoning Board of Appeals, determining that seasonal barn weddings are a permitted use in the Agricultural zoning classification. I represent a… more

Eighth Circuit Reverses Sanctions on Lawyers that Settled Federal Court Class Action in State Court

Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense. Specifically, the… more

CMA Publishes Finalized Versions of Regulated Payment System Appeals Rules and Guide

On August 18, 2017, the Competition and Markets Authority (“CMA“) published the final version of its rules of procedure (CMA65) which governs appeals made under section 79 of the Financial Services (Banking Reform) Act 2013 (“FSBRA“)… more

President Trump’s DOJ Takes Website Accessibility Regulations off the Table

As those interested in website accessibility regulations under Title III of the Americans with Disabilities Act (“ADA”) know, the Department of Justice announced in May 2016 that it would issue a rule governing website accessibility… more

Fifth Circuit Vacates Pipeline Safety Violations and Declines Auer Deference

On August 14, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in the case of ExxonMobil Pipeline Company v. U.S. Department of Transportation. In May of 2013, ExxonMobil Pipeline Company’s (ExxonMobil) Pegasus… more

California Employer Domestic Violence Notice Requirement

Last November, Assembly Bill No. 2337 (“AB 2337”) was signed into law amending Section 230.1 of the California Labor Code by requiring employers to provide written notice to all employees, including new employees upon hire, of their… more

Suspension Of Visa Operations In Russia

The U.S. Embassy and Consulates in Russia announced that “[a]s a result of the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa (NIV) operations across Russia will be suspended beginning August 23… more

You Can’t Disregard The Partnership Agreement When Valuing A Business

In 2014, I authored a post on this blog entitled Stern Revisited – Using the Shareholder Agreement to Determine Value. I noted then that it seemed that after the Appellate Division’s decision in Brown v. Brown which changed the… more

Fifth Circuit Vacates Preliminary Injunction Premised on Endangerment For Lack of Evidence

On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S. District… more

Drones And Cybersecurity Concerns

Earlier this month, the U.S. Army discontinued the use of DJI drones due to concerns over cybersecurity. This follows NASA and the Department of Energy who also prohibit the use of DJI drones for similar reasons… more

Blog: Deregulation? What Deregulation? Two (Persistent) Campaigns For Enhanced Disclosure Requirements

Notwithstanding the deregulatory emphasis of the current administration, two campaigns are currently being waged to convince the SEC to adopt new regulations mandating more disclosure—one related to human capital management and the… more

Wow! Court Invalidates EEOC Wellness Rules

I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission. Yesterday, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion… more

[Video]Day 17 of One Month to More Effective Continuous Improvement-Financial Health Monitoring

Continuous improvement can take many ways, shapes and forms. Typically, when it comes to third-party risks, a Chief Compliance Officer (CCO) or compliance professional will consider the ownership structure to see if there is any… more

Eleventh Circuit Rules that Consumers Have the Right to Partially Revoke Consent to Automated Calls under the TCPA

The Eleventh Circuit Court of Appeals recently issued its opinion in Emily Schweitzer v. Comenity Bank, holding that the Telephone Consumer Protection Act, 47 U.S.C. sec. 227 et seq. (“TCPA”), allows consumers to partially revoke their… more

NGOs Call for France to Require Labeling and Restriction of Consumer Products

According to a July 12, 2017, press release, a coalition of non-governmental organizations (NGO) wrote to the French Prime Minister and several ministers to call for labeling and restriction of nanomaterials in consumer products… more

No Weingarten Rights For Nurses In Peer Review Proceeding, Federal Appeals Court Rules

Nurses had no right to union representation in their hospital employer’s peer review committee proceedings, the Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical Center v… more

State Department Suspends U.S. Non-Immigrant Visa Processing in Russia

In response to the Russian decision to cap the number of employees at the U.S. Embassy and Consulates in Russia, the State Department has temporarily halted the processing of non-immigrant visa applications in Russia..… more

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals to seize… more

Further implementation of the market abuse regime into Belgian law

On 11 August 2017, Belgium published a new bill to further implement the market abuse regime into Belgian law. The bill, which introduces a whistle-blowing regime, adapts the criminal regime applicable to market abuse, and authorizes… more

Japanese Report: LNG Sale and Purchase Agreement Destination Restrictions Likely Anticompetitive

On June 28, 2017, the Japan Fair Trade Commission ("JFTC") published a report based on a survey conducted from July 2016 to May 2017 ("Report"), concluding that destination restrictions provided in liquefied natural gas ("LNG") sale… more

Passenger Car Tires Drive into the Internet of Things

As tire manufacturers enter the age of the Internet of Things, some are making smart tires equipped with sensors that allow the consumer to view information regarding the tire on applications downloaded to their smart phones. These… more

Company Offers Employees Implanted Microchips

In August 2017, Wisconsin technology company, 3 Square Market, may have been the first U.S. company to offer employees the ability to have radio frequency identification device (“RFID”) chips implanted under their skin. The chips, the… more

Live! Legislative Updates

In our first two newsletters, we offered thoughts and predictions on the Trump Legislative Agenda. Here are a few updates..… more

Resolving Cross-Border Disputes Post-Brexit: UK Position Paper

Businesses and consumers need certainty over the laws that underpin trading across the borders of the EU and the millions of contracts they make each day which currently benefit from the legal certainty membership of the EU offers. The… more

Arizona Republican Senator Jeff Flake Rebukes GOP Plan to Cut Legal Immigration in Half

In a recent editorial for the New York Times, Republican Senator Jeff Flake of Arizona pointedly attacked the RAISE Act – a bill proposed in the U.S. Senate to cut legal immigration in half and focus almost solely on skilled workers… more

Say on Pay Failure Results 2017

Of the 7% of Russell 3000 companies that received “against” vote recommendations from ISS on their say on pay proposals this 2017 proxy season, some of the cited reasons for the negative vote recommendations from ISS consisted of the… more

CMS Proposes to Cancel Bundled Payment and Incentive Models

The U.S. Centers for Medicare & Medicaid Services (CMS) published a proposed rule last week regarding the cancellation of three bundled payment models and an incentive payment model while also reducing the scope of a third type of… more

The Retirement Advantage buys a TPA as the business further consolidates

As discussed with purchases by Ascensus, there is further consolidation in the third party administration (TPA) business. The Retirement Advantage, Inc. (TRA), purchased Retirement Planning, Inc. (RPI), a Grand Rapids, Michigan TPA… more

Make Blogging A Reality At Your Firm

If your goal is to start a firm blog this year, I wish you great success. In my experience, blogging does not come naturally to law firms but it has value. It may take more than one mention of your project to get it off the ground… more

No Payday for Objecting Stockholders as Delaware Supreme Court Reverses Appraisal Ruling

The Delaware Supreme Court recently reversed a Delaware Chancery Court's finding that a private equity buyer had underpaid in connection with its acquisition of payday lending firm DFC Global Corporation… more

Delaware Chancery Court Dismisses Post-Closing Fiduciary Duty Claims, Finding The Complaint Failed To Plead Bad Faith

On August 17, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed a shareholder suit asserting breach of fiduciary duty claims against the directors of MeadWestvaco Corporation (“MW”) in connection with MW’s… more

New Jersey Court Holds Pollution Exclusion Inapplicable to Unintentional Contamination

In its recent decision in Benjamin v. State Farm Ins. Co., 2017 U.S. Dist. LEXIS 131078 (D.N.J. Aug. 17, 2017), the United States District Court for the District of New Jersey had occasion to consider the scope of the pollution… more

Health Alert (Australia) 22 August 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 August 2017 - South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 - NEGLIGENCE – assessment of damages –… more

Northern District Of Texas Dismisses Putative Securities Fraud Class Action Against Pier 1 Imports For Failure To Adequately Plead Actionable Misstatements Or Scienter

On August 10, 2017, Judge Sidney A. Fitzwater of the United States District Court for the Northern District of Texas dismissed a putative securities class action brought against Pier 1 Imports, Inc. (“Pier 1”) and its former CEO and… more

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25 years… more

Superintendence of Industry and Commerce issues new circular on international data transfers

On August 10, 2017, the Superintendence of Industry and Commerce presented a new regulation under the country's recently enacted international data transfer law. Specifically, the new circular explicitly sets forth the standards that… more

Weekly Update Newsletter - August 2017 #3

GOVERNMENT CONTRACTS - “Industry Experts Advise GovCon Firms to Prepare for Possible Gov Shutdown.” ExecutiveGov, August 16, 2017. Retrieved from executivegov.com - An ExecutiveGov article from August 16, 2017 analyzes the… more

Department of Justice Ends Operation Chokepoint

The U.S. Department of Justice (DOJ) has quietly ended its four-year effort to prevent banks from providing credit and other services to certain businesses that had been deemed controversial. In an Aug. 16, 2017, letter to Rep. Bob… more

Contract and Commercial Law Act 2017 comes into force

On 1 September, the Contract and Commercial Law Act 2017 (CCLA) comes into force. The CCLA is the product of a large statute revision exercise that aimed to make the Acts within its scope more accessible, readable and easier to… more

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