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Pop-up Shops: Breath of Fresh Air?

If you are involved in commercial real estate, especially if working with landlord clients, you’ve likely had a chance to work with retailers in creating a unique lease for a pop-up shop. These novel concepts are popping up all over…more

Blog: OIG Issues Final Rule Re: Exclusion Authority

The Final Rule related to the Health and Human Services Office of Inspector General’s (OIG) exclusion authority pursuant to the Social Security Act (the Act), as amended by the Affordable Care Act (ACA) and the Medicare Prescription…more

Privacy Perils: Beware Browser Autofill

The ingenuity of determined fraudsters should never be underestimated. Gizmodo, a technology website, reports on a simple scheme where hackers capture your sensitive information merely by hijacking the autofill features found in the…more

Sustainability Reporting Trends in the New Year – ’16 going on ‘17

If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing hunger for…more

Environmental Enforcement Under Trump – Be Careful What You Wish For

Regardless of whether you are a Trump supporter or Trump hater, and there certainly seems to be very few people who are indifferent to the guy, trying to prognosticate what he will do is very difficult. He is a political outsider with…more

Transfer On Death Accounts And Deeds vs. Living Trust

A question I am often asked is, “If I have designated my various financial accounts as transfer on death (TOD), or payable on death (POD), and I have a transfer on death deed on my house, why do I need a Living Trust?” While it is…more

EEOC Issues Quality Practices Plan on Federal Sector Hearings, Appeals and Oversight Functions

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published Federal Sector Quality Practices (FSQP) to address the quality of the agency's hearings and appeals in federal employee employment discrimination…more

No medical report means no accommodation

Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on account of…more

Ole Miss Substantially Prevails in Tax Court Case over Taxability of Coach Appearances

Tax exempt organizations must report and pay tax on their “unrelated business income.” Butler Snow recently represented The University of Mississippi (“UM”) in a federal income tax dispute in the United States Tax Court involving the…more

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its own…more

How Employment Agreements Can Protect An Employer's Intellectual Property And Defend Against Claims of Misappropriation

At approximately 4.6%, the current national unemployment rate is lower than it has been since before the 2008 recession. Generally speaking, this means that companies are hiring new employees. While hiring new employees is both a…more

Potential Repeal of Medical Device Tax

With the upcoming Republican-dominated Presidency and Congress in 2017, the Affordable Care Act, or at least parts of it, look to be on the chopping block. One of the changes that may be forthcoming is a repeal of the 2.3% medical…more

SCOTUS To Decide Class Action Waivers

The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration…more

2017 – The Year to Try Something New?

2017 has arrived, and already the year is looking like one of change outside the narrow bounds of the legal profession: The Cubs are national champions and University of Alabama is not, Brexit negotiations will be getting started, and…more

New Federal Law Provides Additional Protection for Trade Secrets

For the first time in U.S. history, a new law was recently added providing federal protection for businesses’ trade secrets. The Defend Trade Secrets Act, 18 U.S. Code Section 1831 et. al. (DTSA) became law as an amendment to the…more

Transfer of French export credit activities from Coface to Bpifrance Assurance Export S.A.S.

France's export credit agency Coface transferred its export credit activities to Bpifrance Assurance Export S.A.S. on 31 December 2016. The transfer is a "fundamental change" in the French export credit support system…more

Reasonable Steps to Preserve Evidence Yield More Than Selective Preservation

Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., LLC, No. 3:13-cv-00102-SLG, 2016 WL 7115911 (D. Alaska Dec. 6, 2016). Limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a court found…more

FDA Releases Biosimilar Guidance for Industry

On December 29, 2016, the FDA issued guidance to assist applicants seeking FDA approval of a proposed biosimilar product under the Biologics Price Competition and Innovation Act of 2009 (BPCIA). To obtain such approval, an applicant…more

Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?

Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1 of the…more

Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules

In a case reminding employers of their obligation to notify employees about their Family and Medical Leave Act rights, the District Court of New Jersey has ruled that an employer violated the FMLA when it terminated an employee without…more

Checkfree – Another Taxpayer Win on New York State Online Service Receipt Sourcing; ALJ Determination Mirrors Expedia

New York taxpayers received additional guidance on the important issue of whether online services constitute “service” receipts, and how those receipts should be sourced, for New York corporate franchise tax purposes. On January…more

9th Circuit Certifies Questions Regarding California’s Notice-Prejudice Rule

In its recent decision in Pizter College v. Indian Harbor Ins. Co., 2017 U.S. App. LEXIS 668 (9th Cir. Jan. 13, 2017), the United States Court of Appeals for the Ninth Circuit had occasion to consider the applicability of a New York…more

Supreme Court to Address Class Action Waivers Amid Circuit Split

On January 13, 2017, the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees. The case, NLRB v. Murphy Oil USA, Inc., U.S., No. 16-307…more

District Court Denies Motion to Withdraw Deemed Admissions

The plaintiff filed an ex parte application to be relieved of admissions that were deemed admitted for failure to respond. In analyzing the ex parte application, the district court first concluded that the plaintiff had not…more

Trial of Art Dealer Accused of Tax Fraud and Money Laundering by French Tax Authorities Ends With Judgement of Acquittal

On 12 January, the Paris Criminal Court acquitted Guy Wildenstein, who was facing the possibility of two years in prison and a €250 million fine, and other members of his family as well as their trustees and advisors who were also…more

United States to Lift Sanctions Against Sudan

On January 13, 2017, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued a Final Rule, announcing that it would amend the Sudanese Sanctions Regulations to authorize all transactions previously prohibited…more

Simplified tax regime under Trump might obviate current workarounds, experts say

Marc M. Stern, an estate planning partner at Greenberg Glusker, was quoted in a Daily Journal article published on January 11, 2017, about the potential for a system under Trump in which exotic accounting methods to reduce tax burdens…more

California Court of Appeal Holds Doing Business ? Any Activity Engaged In for Pecuniary Gain

On January 12, 2017, the California Court of Appeal held in a published opinion that a taxpayer passively holding a 0.2 percent interest in a California-based limited liability company (CA LLC) was not “doing business” in the state for…more

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination priorities, a…more

The Notion of “Ecological Prejudice” Now in the French Civil Code

With the Biodiversity Law n°2016-1087 of August 8, 2016, the French Civil code now formally recognises “ecological prejudice” (préjudice écologique) as a category of indemnifiable damage. The move is symbolically significant and builds…more

Another Round! – Second Set of Changes to Liquor Code Take Effect on January 16, 2017

Although short of complete liquor privatization in Pennsylvania, 2016 saw some of the most significant changes to the Commonwealth’s liquor laws in decades. In June of 2016, House Bill 1690 went from a bill that was dead in the water…more

Florida State Agencies Secure $28 Million Coordinated Settlement With Online Payday Lender

On January 12, 2017, the Florida Attorney General’s Office (Florida AG) announced that it and the Florida Office of Financial Regulation (Florida OFR) had entered into coordinated settlements with an online payday lender and its…more

Ex parte Itagaki and Nishihara (PTAB 2016)

A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37 C.F.R. §…more

False Labeling Lawsuits Get Hung Up On Faulty Damages Models

Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which…more

U.S. Supreme Court Grants Certiorari To Evaluate Class Waivers Under the National Labor Relations Act

The U.S. Supreme Court decided today to consider related cases addressing whether arbitration agreements containing class action waivers violate employee rights under the National Labor Relations Act (“NLRA”). The National Labor…more

Department of State Releases February 2017 Visa Bulletin

No change in Dates for Filing chart again; scant advancement in Final Action Dates chart. The US Department of State (DOS) has released its January 2017 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs…more

Simple Steps to Help Keep Your Trade Secrets Safe

As illustrated by the recent lawsuit by America’s Test Kitchen against celebrity chef Christopher Kimball, companies in a variety of industries are vulnerable to losing their trade secrets…more

OSHA’s New Electronic Reporting and Anti-Retaliation Rule Challenged By Industry Groups in Oklahoma

Seyfarth Synopsis: Business organizations have once again brought suit against OSHA’s new electronic reporting and retaliation rule, arguing that the proposed online database violates employers’ First and Fifth Amendment rights and…more

Headed for Overtime? Trump Administration Will Decide Fate of New Time-and-a-Half Rule

If you're an employee and you work more than 40 hours a week, you typically have the right to receive time-and-a-half overtime pay for those extra hours…more

Commercial Division Advisory Council Releases New Video on The New York Commercial Division

A short new video, entitled A Forum for Business Disputes: The Commercial Division of the Supreme Court of the State of New York, has recently been released. The film was produced by the Court System’s Commercial Division Advisory…more

Employee W-4 Forms

Employers are required to obtain a signed IRS Form W-4 when hiring a new employee. Although Form W-4 is revised each year by the IRS to reflect current tax rates, exemption amounts, etc., the form remains valid until an employee…more

Plan Sponsors Sued Over Fees on Multiple Plans and Vendors

In a very novel retirement fee lawsuit, a plan sponsor is being sued over the cost of multiple plans and the use of multiple record-keepers…more

C’est La Vie: No ‘Right to Disconnect’ in U.S., But Non-Exempt Workers Must Be Paid for ‘Connected’ Time

Could a “right to disconnect” become law in the U.S.? France is trying it. Effective January 1, a new French law went into effect giving workers a “right to disconnect” when not at work. French employers with 50 or more employees have…more

Maritime Cybersecurity Regulation on the Horizon

Over the past year, various institutions and organizations—both domestic and international—have shown an interest in moving the increasingly prevalent cybersecurity conversation offshore. Domestically, both Congress and federal…more

CFPB Consent Orders with Consumer Reporting Agencies Focus on Marketing Practices not Credit Reporting

Marketing practices remain at the forefront of CFPB activity as evidenced by two recent consent orders entered into with TransUnion and Equifax. The consent orders combine to require the CRAs to pay more than $17.6 million in…more

The Difference Between Being Right and Doing Right

Not long ago I wrote about the Securities and Exchange Commission’s recent enforcement actions against companies that include pretaliation clauses in their employment contracts. I posted the article online, and one compliance…more

Judge Cuts Over $10M from Attorney Fees Due to Use of Temporary Attorneys for Document Review: eDiscovery Case Law

The use of temporary associates for document review (and billing at normal staff associate rates) caused a federal judge in Manhattan to reduce the request for attorney fees by $10.3 million in a settlement of a securities case against…more

The Joint Commission Bans Text Messaging for Patient Care Orders

The Joint Commission, which accredits hospitals and other health care organizations, recently announced it will not permit hospitals and other health care organizations to use secure text messaging platforms to transmit orders. The…more

Kentucky Passes Right-to-Work Law: FAQs on What This Means to Kentucky Employers and Their Employees

Kentucky has passed House Bill 1, the Kentucky Right to Work Act, making Kentucky the 27th state to adopt right-to-work legislation…more

California Environmental Law & Policy Update - January 2017 #2

Environmental and Policy Focus - U.S. Supreme Court to hear Clean Water Act jurisdictional dispute - Reuters - Jan 13 - The U.S. Supreme Court today agreed to resolve a dispute over which court should handle…more

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