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Maryland Allows Use of Nonjudicial Settlement Agreements in Trust Administration

Maryland previously enacted a version of the Uniform Trust Code (UTC), which contains various provisions focused on permitting more efficient administration of trusts. However, Maryland’s version of the UTC initially omitted the UTC…more

Avangrid Wins Latest BOEM Auction for Offshore North Carolina Lease and Moves Towards Full Commercial Lease

Following an auction on March 16, 2017, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) named Avangrid Renewables, LLC (Avangrid) the provisional winner of the auction. Avangrid, majority owned by global…more

Deaf Individuals Sue Health System for Discrimination Under Section 1557 of the ACA

This month, twelve deaf individuals filed a federal suit against Banner Health in Arizona alleging discrimination under Section 1557 of the ACA because of an alleged failure to provide effective auxiliary aids. Specifically, the…more

[Video]Employment Law This Week: Missing Comma Affects Case, Sexual Orientation Discrimination, DOL Budget Cuts, New Complaint Filing System

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

Update #6: ACA Lives On – Employers Should Stay Their Course

Republicans have announced that their ACA replacement bill, known as the American Health Care Act, has been pulled from a vote, after determining they may not have enough votes to pass the bill. It is unclear whether or when a…more

CFPB Fails to State Case Against Payment Processor

The United States District Court for the District of North Dakota recently dismissed the Consumer Financial Protection Bureau’s (CFPB) complaint against a payment processor, Intercept, in a case McGuireWoods has been monitoring. The…more

Utah Enacts Uniform Voidable Transactions Act

On March 21, 2017, Utah joined about a dozen other states in enacting the Uniform Voidable Transactions Act (the Act). This statute, which is found at §25-6-101 et seq., amends Utah’s Uniform Fraudulent Transfer Act (§25-6-1 et seq.)…more

The Evolving Electronic Medical Records Industry and its Effect on Patient Safety -- Time for an EMR Refresher for Your Employees?

The electronic medical records (EMR) industry is evolving. Technology and ease of use is improving, but risks are still inherent in using EMR. While the advent of EMR made it easier to create a better piece of evidence in some regard…more

Payment Practices and Performance Reporting - New UK rules aimed at tackling late payment of suppliers and vendors will require large businesses to report on their payment practices and performance

Under Section 3 of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), the Secretary of State has the power, by regulations, to require certain companies to publish information about their payment practices and…more

Lawyers and Culture in the Financial Services Industry

The rise of the compliance profession has had a number of positive impacts on the corporate governance landscape. One of the most important results has been increased focus on corporate culture…more

Mind the “Gap”: Laches No Defense to Claims for Patent Damages

Last week the Supreme Court held in a 7-1 decision that the equitable defense of laches is no defense to the legal remedy of patent damages where the infringement occurred during the statutory period of 35 U.S.C. § 286. SCA Hygiene…more

Court Relies on Due Process Argument to Dismiss Website Accessibility Suit

Over the past few years, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these firms. Many of…more

The JOBS Act at Five: Congressional Hearing Highlights Need for Further Reform

On March 22, the Subcommittee on Capital Markets, Securities, and Investment of the Financial Services Committee conducted a hearing entitled “The JOBS Act at Five: Examining Its Impact and Ensuring the Competitiveness of the U.S…more

Public Accommodations are Starting to Win Website Accessibility Lawsuits

Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making that…more

California Rules of Court – 2017 Reporter’s transcript

Reading through the 2017 California Rules of Court regarding court reporter’s transcripts, there are some provisions that are particularly interesting relating to timeliness, the cost of transcripts, and the appellant’s ability to…more

It’s Audit Season: Have You Audited Your Website’s Accessibility?

Audit season is in full swing. Businesses now are working with auditors on their tax and other audits to ensure compliance with various financial regulations. But there is one audit that many businesses have yet to undertake and have…more

EPA Delays Effective Date of Certification of Pesticide Applicators Final Rule

On March 20, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice that it was delaying the effective date of five regulations, including the final rule on the certification of pesticide…more

Nevada Supreme Court Weighs in Again on the Nevada Constitution’s Minimum Wage Amendment

On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues before the…more

Net Operating Loss Carryforwards on President Trump’s 2005 Income Tax Return

James B. Stewart, writing for The New York Times (March 23, 2017), explored the complexities of President Donald Trump’s 2005 U.S. income tax return, which was revealed publicly last week. President Trump used $103 million of net…more

Are They Coming or Going? Employee Travel Can Trigger Workers’ Compensation Liability

As a general rule, an employee who is injured while commuting to or from work is not entitled to workers’ compensation benefits, as the injuries are not deemed to be “in the course and scope of employment” by virtue of the longstanding…more

State Department Orders ‘Extreme Vetting’

State Department Secretary Rex Tillerson has directed all consular chiefs to determine which populations of visa applicants should be subject to additional “extreme” vetting. The March 15 direction is in response to President Donald…more

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers. The…more

Rite Way to Settle EEOC Retaliation Suit

Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation - GULFPORT, Miss. - Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to…more

Maryland Sheriff’s Office Recovers Stolen Construction Goods Through Drones

Last week, Maryland’s Cecil County Sheriff’s Office used an unmanned aerial vehicle (UAV) to recover nearly $400,000 worth of stolen construction equipment, which also led to the arrest of the culprit. The New Jersey State Police…more

Blog: New Mexico Poised to Add the ‘Data Breach Notification Act’ to the Patchwork of State-Level Data Privacy Laws

The New Mexico Legislature passed the ‘Data Breach Notification Act’ (the Act) on March 15. The Act is now with Governor Susana Martinez who has 20 days from the date the Act was passed to sign it into law. If enacted, the Act would…more

Five Tips for Making the Most of #LMA17

Headed to the Legal Marketing Association Annual Conference 2017 in Las Vegas starting next Monday? Us too! Look for Blattel Communications Founder and CEO Ellen Blattel and President Traci Stuart. With the conference nearly here…more

A Contract Be too Good to Be True

If it sounds too good to be true, it probably is. A Florida Supreme Court decision provides a variation on the adage: if a contract looks too favorable to one side to be valid, it probably isn’t. Thirty-nine weeks pregnant and…more

Freelance Work Isn't Free

On May 15, 2017, the New York City “Freelance Isn't Free Act” (the Act) will take effect. The Act protects freelance workers who are defined as “any natural person or organization composed of no more than one natural person, whether…more

Jordan’s Accession to the Patent Cooperation Treaty

Jordan is off to a busy and productive year from an intellectual property standpoint. Starting late in December of 2016, the Jordanian Council of Ministers approved the accession of the Kingdom into the Patent Cooperation Treaty (PCT)…more

Sustainable Commodities: EU Conflict Minerals Regulation

Earlier this month, the European Parliament voted to adopt the final text of an EU Conflict Minerals Regulation (the “Regulation”), which will require smelters, refiners and importers into the EU of tin, tantalum, tungsten, gold and…more

SCOTUS Finds Cheerleader Designs Copyrightable

In a highly anticipated decision, the Supreme Court of the United States held on March 22, 2017 that the “pictorial, graphic or sculptural features” of the “design of a useful article” can be protected by copyright under certain…more

New Laws Add Significant Student Record-Keeping Requirements

The Michigan legislature has enacted two new laws, effective March 22, 2017, due to changes in technology and practices as they relate to student information. These statutes make management of student record information more…more

AHCA Pulled From the House Floor Minutes before an Expected Vote

The American Health Care Act (AHCA), the House Republican plan to repeal and replace the Affordable Care Act (ACA), was pulled from consideration at the last minute after Speaker Paul Ryan (R-WI) reportedly told President Donald Trump…more

[Video]FCPA Compliance Report-Episode 318-Erica Byrne on Ethisphere's 2017 World's Most Ethical Companies

In this episode, I visit with Erica Salmon Byrne, EVP at Ethisphere on the 2017 World’s Most Ethical Companies honorees. Erica goes into how the corporate compliance programs are evaluated, what the companies disclose to Ethisphere…more

Federal Circuit Confirms $455 Million ICC Arbitration Award

The Federal Circuit this month, for the first time, confirmed an international arbitral award administered by the International Chamber of Commerce (ICC). In another first for the Federal Circuit, the court indicated that it would…more

Trump Administration Continues to Indicate Tide Change Away from Support of the CFPB

As previously reported on this blog, President Trump’s issuance of an Executive Order and the subsequent introduction of bills seeking to eliminate the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) signaled a dramatic shift…more

Ninth Circuit Holds That Cure Amount May Include Post-Default Rate of Interest

In Pacifica L 51 LLC v. New Investments, Inc. (In re New Investments, Inc.), 840 F.3d 1137 (9th Cir. 2016), the Ninth Circuit Court of Appeals held that Section 1123(d) of the Bankruptcy Code provides that a cure amount may include a…more

House of Delegates Passes Registration Requirement for Condos, HOAs and Coops

The Maryland House of Delegates, by a vote of 99- 39, has passed House Bill 41, which would require residential condominiums, homeowner associations and cooperative housing corporations to register annually with the Maryland…more

Discrimination Pitfall When Completing the Form I-9

Today’s fun fact – as an employer you cannot ask employees to provide a specific document or documents when completing section 2 of the Form I-9 (the Employment Eligibility Verification form). Remember, all employers must complete a…more

New York Attorney General Announces Record Number of Data Breach Notices in 2016

On March 21, 2017, New York Attorney General (NYAG) Eric T. Schneiderman announced that his office had received a record breaking 1,282 data breach notices to his office affecting 1.6 million New York residents during 2016. Compared to…more

Thales : Federal Circuit Forces Acceleration on § 101 for Physics-Based Claims

CAFC Decision: Thales Visionix Inc. v. United States, No. 15-5150 (Fed. Cir. Mar. 8, 2017) - Decision: In Thales Visionix Inc. v. United States, No. 15-5150 (Fed. Cir. Mar. 8, 2017), the Federal Circuit reversed a decision of the…more

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

On March 22, 2017, the U.S. Senate passed a measure to revoke OSHA’s modification to the six-month statute of limitations for recordkeeping violations. Under the Obama Administration, OSHA issued a new rule to extend the statute of…more

Are Longer-Pending Cases More Likely to Be Affirmances in the Criminal Docket? (Part 2 – 2008-2016)

On March 23, 2017, we showed that affirmances in civil cases between 2008 and 2016 have tended to be pending for longer both between the grant of review and oral argument, and between argument and decision, than reversals were. Today…more

How will the Senior Managers and Certification Regime affect Consumer Credit firms

Background - In late 2015 the FCA announced that it was to abolish the Approved Persons regime and extend the Senior Managers and Certification Regime (SM&CR) currently in place for banks, building societies, credit unions and…more

TEQUILA Can Be Registered As a Certification Mark

On January 23, 2017, the TTAB dismissed Luxco, Inc.’s opposition to the registration of TEQUILA as a certification mark. Trademark applicant Consejo Regulador del Tequila, A.C. is a Mexican industry group and is the only body…more

Supreme Court Decides Endrew v. Douglas County School District

On March 22, 2017, the United States Supreme Court decided Endrew v. Douglas County School District, No. 15-827, holding that the Individuals with Disabilities Education Act (IDEA) requires participating schools to offer an…more

[Video]Day 19 of One Month to Operationalizing Your Compliance Program-Operationalizing Compliance Through Leadership From The Top

Many companies struggle with some type of metric which can be used for upper management regarding compliance and communication of a company’s compliance values. One technique might be to require the CEO to post companywide emails or…more

Cyber risk: practical actions to improve data security

Cybersecurity is a topical issue for pension schemes, and an increasingly important regulatory risk. Not only does the Pensions Regulator believe that trustees should be taking action to mitigate cyber risks, but there is also the risk…more

Federal Circuit Finds No Abuse of Discretion in Trial Court’s Refusal to Exclude Plaintiff’s Settlement Agreement with Defendant’s Competitor

In Prism Technologies LLC v. Sprint Spectrum L.P, Nos. 16-1456, -1457 (Fed. Cir. Mar. 6, 2017), the Federal Circuit affirmed the district court’s denial of Sprint’s motion for a new trial based on, among other things, the admission of…more

Supreme Court Decides Star Athletica, L.L.C. v. Varsity Brands, Inc.

On March 22, 2017, the Supreme Court of the United States decided Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866, holding that artistic designs on cheerleading uniforms were eligible for copyright protection. Section…more

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Lane Powell is one of the Pacific Northwest’s leading law firms in environmental law, with extensive experience ranging from consulting on compliance matters to prosecution and defense of major…

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