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California Attorney General Weighs In On Scope Of State Fire District Chiefs’ Authority To Enforce State Fire Marshal’s Building Standards and Regulations

On Wednesday, July 26, the California Office of the Attorney General (Attorney General) issued an Opinion answering the question: Does Health and Safety Code section 13146 prohibit fire protection district chiefs from enforcing the… more

Some Quick Thoughts on Opening Statements, Closing Arguments and Jury Deliberations

This will likely be the last piece I write on last month’s trial. We are scheduled to start another trial in January 2018, with additional trials in April and May, and they may gin up some additional insights that I think are useful… more

Blockchain: The Policyholder Plan for Smart Insurance Policies

Insurers’ exploration of distributed ledger technology (DLT), commonly referred to as blockchain, continues to expand. Last month, AIG announced a partnership with IBM and Standard Chartered Bank P.L.C. to test a “smart contract”… more

EEOC Sues Verona Resort & Spa For Pregnancy and Disability Discrimination

Company Failed to Accommodate and Fired Employee Because of Pregnancy-Related Condition, Federal Agency Charges - TAMUNING, Guam - Verona Resort & Spa., a hotel resort and spa in Tamuning, violated federal law when it discharged a… more

Ninth Circuit Ruling Weakens Materiality Standard under the FCA

Last year in Universal Health Services, Inc. v. United States ex rel. Escobar et al. the Supreme Court reminded litigants that the False Claims Act “is not an all-purpose antifraud statute.” In that case, the Court expanded upon the… more

It’s Sweet to be NutraSweet: Commercial Division Overturns Arbitration Award Entered in Favor of Would-be Seller of Aspartame Business to Iconic Artificial Sweetener Brand

As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County Commercial Division Justice Charles E. Ramos recently examined the standard for doing so in a… more

In what direction will Uber drive SA labour laws?

The recent CCMA ruling in favour of Uber drivers now heads to the Labour Court. This is an extremely important case as South African labour laws for the first time now come "Head-to-Bot" with the fourth industrial revolution… more

Despite “As Is” Basis, Seller Allocated Liability Under Superfund for Failure to Address Contamination of Property

A federal court recently found the City of Fairbanks, Alaska responsible for 55% of the remediation costs necessary to clean up property it used to own because it should have taken action to mitigate the harm or warn the purchaser… more

The SEC and ICOs: Putting the SEC’s Determination that DAO Tokens are Securities in Context

On July 25, 2017, the U.S. Securities and Exchange Commission (“SEC”) issued a report (“Report”) detailing its investigation into whether the DAO (an unincorporated “decentralized autonomous organization”), Slock.it UG (“Slock.it”)… more

DOL Announces Intent to Rescind Rule Restricting the Allocation of Gratuities to Non-Tipped Employees When the Employer Does Not Take a Tip Credit

Restaurants, hotels, and other businesses that employ tipped workers have long wrestled with a seemingly simple, but actually intractable, question: who is entitled to receive a share of a guest’s gratuities? If an employer applies a… more

SEC Filings: Reports Of Cybersecurity As A Corporate Risk Factor On The Rise

One way to measure the increasing importance of cybersecurity to American businesses is to track how often the issue arises as a risk factor in corporate filings with the Securities and Exchange Commission. A recent analysis by… more

What to Know about the Proposed Amendments to Local Rule 25.0 and E-Filing in The First Circuit Court of Appeals

The First Circuit Court of Appeals recently released its proposed amendments to Local Rule 25.0, governing the use of electronic document filing (“e-filing”). While Many of the proposed amendments incorporate familiar aspects of the… more

What Areas of Law Do the Court’s Certified Questions Arise In?

Yesterday, we surveyed where the California Supreme Court’s certified question appeals arose. Today, we turn to a different question: what areas of law do the Court’s certified questions arise in? We report the first third of the… more

Writing to Stand Out? Know Your Competition

The days of content for content’s sake are over. From Susan Kostal, four tips to help your thought leadership stand out in the noisy crowd… more

Keeping Patients Can Qualify as Dumping Them

EMTALA was enacted to prevent hospitals from turning away—or “dumping”—ER patients because they can’t pay. EMTALA requires a hospital to (1) provide a screening exam to determine if an emergency medical condition (EMC) exists and if it… more

UK Financial Sanctions: Extended Reporting Requirements

On 8 August 2017, the European Union Financial Sanctions (Amendment of Information Provisions) Regulations 2017 (the "Regulations") will come into force. The Regulations "expand the scope of the reporting requirements set out in… more

A Sale in Canada Triggers Exhaustion of Patent Rights in the US

“Patent exhaustion” is something we’ve reviewed before. To recycle an old line, the term “patent exhaustion” does not refer to the feeling you get when a patent agent talks for 3 hours about the process of a patentee traversing a… more

Thinking Out Loud About Medical Marijuana And Reasonable Accommodation

(When I think out loud, beware.)- Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees… more

General Data Protection Regulation

Ever since people have started putting information on social media, in the protection of companies, or on their own protected online server, there have been groups of people who attempt to hack this information and use it with ill… more

Proposed New York City Council Legislation Would Add Private Right Of Action To Earned Sick Time Act And Prohibit Non-Competes For Low-Wage Employees

New legislation introduced in the New York City Council would add a private right of action to the Earned Sick Time Act (Introduction 1667) and prohibit employers from entering into a covenant not to compete with any low-wage employee… more

Key issues in negotiating financeable ground leases

Ground leases are generally long-term leases of property entered into between a property owner and tenant where the tenant leases land and subsequently constructs a building or other improvements on that land. Since ground tenants do… more

Supreme Court to Hear Oral Argument in October on Enforceability of Employment Class Action Waivers in Arbitration Agreements

In January, we reported that the Supreme Court granted review of three conflicting Court of Appeal decisions to settle the question of whether an agreement requiring that employees resolve employment-related disputes through individual… more

NIOSH Submits Proposed Survey to OMB, Will Accept Comments for 30 Days

On July 17, 2017, the National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice announcing it submitted a proposed information collection to the Office of Management and Budget for review and… more

Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se

A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et al., N.D. Okla., No… more

The Amgen v. Sandoz Disclosure Disputes Continue

A theme emerging in biosimilar litigation is when –and how much—discovery is available to reference product sponsors. The Supreme Court in Amgen v. Sandoz grappled with this issue in the spring, as it decided whether biosimilar… more

Employment Law Commentary, July 2017 - Volume 29, Issue 7

Let Us Pray: The Challenges of Accommodating Muslim Prayer in the workplace - Some prayers go unheard; others go to the Equal Employment and Opportunity Commission. Recently, employers in three states have faced actions from Muslim… more

Dumping the Dump

We’ve all heard that we are a consumer nation. That is true and it’s not a bad thing. We are also a disposal nation. When we buy stuff, we throw stuff out. This includes Xboxes, new faucets, pencils, sheets, toothpaste…you can fill… more

Brokers Are Creators, Too: Using Copyrights to Leverage Real Estate Listings

Using copyright law proactively equips creative real estate professionals with the tools to protect their created content. Among the most important assets a real estate professional creates and relies on are the photographs and data… more

Not All Compliance Management Systems (CMS) are Created Equal

While the CFPB continues to expand into various business lines and increase the number of industries they supervise and hold enforcement power over, the FDIC, FED and various state regulators have all incorporated the CFPB's hyper… more

ITC Denies Suspension or Temporary Rescission of Remedial Orders after PTAB Invalidates Patents at Issue

In a first of its kind decision with important ramifications for patentees, the U.S. International Trade Commission (“ITC”) denied a petition to suspend or temporarily rescind remedial orders issued in Investigation No. 337-TA-945… more

The New Administration’s Deregulatory Agenda and its Impact on Environmental & Energy Policy

As seen in the first six months of President Trump’s Administration, the country is on a rollercoaster ride. There is much uncertainty regarding the implementation of new policies and the status of existing programs throughout the… more

FTC Announces Internal Process Reforms in Connection with Civil Investigative Demands

Has your company or client been served with a Civil Investigative Demand (CID)? Overwhelmed? Don’t despair – the future may be brighter, as the Federal Trade Commission (FTC) is now offering more clarity regarding its CID document… more

New Jersey Bill Limiting Identity Card Scanning Signed Into Law

On July 21, 2017, New Jersey Governor Chris Christie signed into law a bill that places new restrictions on retailers’ collection and use of information collected when a customer’s identification (ID) card is scanned. The Personal… more

GOP Drive to Repeal ACA Stalls in the Senate

A multi-year Republican drive to repeal the Affordable Care Act (ACA) hit a significant roadblock in the early hours of July 28, 2017 when the Senate was unable to muster the votes to pass any form of ACA repeal or repeal/replace… more

Antitrust Alert: Germany Issues Antitrust Guidance on Multilateral and Unilateral Behavior

The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete markets, it is… more

Detroit Deeds Homes to Owners

Detroit Land Bank Program converts occupants into the owners of foreclosed or otherwise abandoned properties. Fair is fair. This blog often points out abuses of property owners by government agencies and utilities. But it is… more

Private family trust companies authorized under new Missouri law

The new Missouri Family Trust Company Act allows families to establish their own family-owned and -controlled private trust companies, which can hire banks and public trust companies to assist with investment and management functions… more

Should Businesses Worry About Changes To Recent Trade Programs?

Wow. Trade issues had barely been addressed during the Obama Administration. Now in the last 6 months there has been a flurry of government activity. We have seen: 1. Continual increase in restricted parties added under the Iran… more

EMA’s revised Guideline on first-in-human trials increases the level of protection of trial participants

The European Medicines Agency (EMA) has released a new Guideline on strategies to identify and mitigate risks for first-in-human and early clinical trials with investigational medicinal products. The Guideline was adopted by the CHMP… more

SEC Seeks Public Comments on Standards of Conduct for Investment Advisors and Broker-Dealers

On June 1, SEC Chairman Jay Clayton issued a statement seeking comments from interested parties regarding the standards of conduct for investment advisers and broker-dealers providing investment advice to retail investors. The… more

The State AG Report Weekly Update

2018 AG Elections- Republican Sam McClure Announces Bid for Alabama Attorney General - Sam McClure, a Birmingham adoption lawyer, announced his candidacy to become the Alabama AG. McClure is the fourth Republican to officially… more

Healthcare & Life Sciences Private Equity Deal Tracker: Baird Invests in Prescient Healthcare Group

Baird Capital has announced it has acquired an interest in Prescient Healthcare Group. Baird Capital, based in Chicago, is the direct investment arm of Robert W. Baird & Co. It makes private equity, venture capital and growth equity… more

UK Asset Management Study - FCA’s Final Report and Package of Remedies

On 28 June 2017 the UK Financial Conduct Authority (FCA) published the final report for its study into the UK asset management market. The report describes the FCA’s final findings and sets out the regulatory changes and remedies the… more

New Sanctions Despite Iran’s Compliance With The JCPOA

Last week the Trump administration announced new Iran-related sanctions imposed against 18 Iranian entities and individuals. The sanctions are the administration’s response to Iran’s ballistic missile program and destabilizing actions… more

Contribution Under the Oil Pollution Act

The Fifth Circuit Court of Appeals held that a responsible party under the federal Oil Pollution Act (OPA) could seek contribution for cleanup costs—even though they may include purely economic damages—from a partially liable third… more

Living with the Robust Causality Requirement for Disparate Impact Under the Fair Housing Act

Two recent decisions from the Ninth Circuit Court of Appeals shine some light on the issue related to the United States Supreme Court's 2015 decision that under the Fair Housing Act recognized a right to seek disparate impact claims… more

SEC Exercises Jurisdiction Over Initial Coin Offerings

On July 25, 2017, the U.S. Securities Exchange Commission issued an Investigative Report detailing its investigation of an initial coin offering of digital tokens representing interests in a decentralized autonomous organization… more

What's a Coverage Defense? 11th Circuit Addresses Coverage Defenses under the Florida Claims Administration Statute

When coverage is at issue, the interplay between a policy’s language and an insurer’s duties under the Claims Administration Statute, Florida Statute Section 627.426, becomes a key factor in claims handling for insurers. In… more

Illinois Makes Moves on Geolocation Privacy

In April, US President Donald Trump signed a bill rejecting Obama-era regulations on the consent needed for a broadband internet access service (BIAS) provider to use and disclose a consumer’s sensitive information—including… more

Sustainable Development Update - July 2017 #4

Sustainable Development Focus - Commercial office space green building on rise - Proud Green Building - Jul 21 - Green building in commercial office space continues to grow, according to a new CBRE study. The National… more

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